Research On Existing Problems And Countermeasures With The Evaluation Of Patents’ Preliminary Application In University

In recent years,with the introduction and implementation of China’s innovation-driven development strategy,the importance of intellectual property rights has been constantly highlighted,especially in technological innovation.The high-quality development of China’s intellectual property work is significant,with a significant increase in patent applications and authorizations.As of 2022,China has the highest number of effective invention patents in the world.Universities are one of the important battlefields for national innovation,accounting for a significant proportion of patent applications and authorizations.However,overall,the patent conversion rate of Chinese universities is not high,and the main reason is the poor quality of patents.In 2020,the Ministry of Education,the National Intellectual Property Administration,and the Ministry of Science and Technology jointly issued "Several Opinions on Enhancing the Quality of Patents in Higher Education Institutions and Promoting Their Conversion and Application"(hereinafter referred to as "Opinions"),aimed at further promoting the continuous development of patents in Chinese universities through pre-evaluation of patent applications.The "Opinions" pointed out that higher education institutions that meet the conditions should establish a patent evaluation system as soon as possible,clarify the evaluation agencies and processes,cost sharing and incentive mechanisms,and evaluate the patents to be applied for to ultimately determine whether they can be applied for and improve the intrinsic quality of the patents.Therefore,the term "pre-evaluation of patent applications" has been repeatedly mentioned,mainly because it can gradually reduce the number of ineffective applications and low-quality patents of universities,cultivate more high-value patents,and avoid more resource waste such as manpower and financial resources compared to before.Obviously,pre-evaluation of patent applications has become an important exploration content for patent workers.This study first searched the literature to sort out the current research status of the value evaluation system for patents in domestic and foreign universities,pre-evaluation work for patent applications,and result conversion work,and summarized the current situation of patents and pre-evaluation work in Chinese universities.Secondly,taking H university as an example and using questionnaire and in-depth interview methods to obtain first-hand information,the author established an analytical framework based on the agency theory and risk management theory to analyze the current situation of pre-evaluation of patent applications at H university,focusing on exploring the problems and underlying reasons in the work.Thirdly,the author compared and studied the pre-evaluation of patent applications of representative universities in countries that have reference significance,and drew inspiration for the pre-evaluation work of H university.Finally,the author proposed corresponding improvement measures for the existing problems.Through the analysis of the case of H university,the author found that there are problems such as low enthusiasm of researchers,lack of unified evaluation standards,difficulty in measuring evaluation quality,single and rigid evaluation processes,and risks in the evaluation process.The main reasons for these problems are the incomplete incentive mechanism,the weak professional talent team,the lack of a professional data analysis library,the insufficient departmental cooperation ability,and the possibility of third-party institutions leaking information.In terms of how to improve the effectiveness of the pre-evaluation of patent applications at H university,this article proposes five suggestions: increasing investment in operating funds and providing stable financial support,strengthening the construction of talent teams and equipping them with diversified professionals,enhancing operational technical support,improving the data analysis system,refining the evaluation workflow to achieve a virtuous cycle of evaluation,enhancing risk awareness and avoiding risks,and establishing a multi-level review and approval system.