Research On The System Of Patent Pre-Application Assessment In Chinese University

As an important body of innovation in China,universities are important source of intellectual property.With the further promotion of Chinese intellectual property strategy,the number of patent applications in universities is increasing year by year,but the improvement of patent quality is not obvious,the conversion rate of patents is not ideal,the maintenance period of patents is not long,and the value of patents is not fully realized.In order to change this situation,the ministry of education,together with the state intellectual property office and the ministry of science and technology,issued “several opinions on improving the quality of patents in universities to promote the conversion” in 2020.It requires universities to carry out patent pre-application assessment work,which is intended to improve the quality of patent applications in universities and promote the conversion of patents.By studying and constructing the system of patent pre-application assessment in Chinese university,it will help to standardize the patent pre-application assessment work in Chinese university,improve the laws and regulations of China and the management norms of universities,and improve the comprehensive competitiveness of universities and the national innovation ability.By analyzes the current domestic and foreign research efforts on the patent pre-application assessment of university,it is clear that the patent pre-application assessment of university is an important measure to improve the quality of university patents.By analyzes the basic theories related to the patent pre-application assessment of university,we clarifie the concept of the system of patent pre-application assessment in university,discusses the necessity and feasibility of carrying out the patent pre-application assessment in university,and clarifies the subject of the patent pre-application assessment in Chinese university.By analyzing and summarizing the existing problems of the patent pre-application assessment of university in China,this paper discusses the institutional factors that affect the patent pre-application assessment of university in China.Aiming at the problems existing in China,this paper analyzes the main contents of the system of patent pre-application assessment of university in the United States and Japan,and obtains the experience of constructing the system of patent pre-application assessment of university in China.By drawing on the system of patent pre-application assessment of university in the United States and Japan,and combining with Chinese national conditions,we built the system of patent pre-application assessment of university in China.It is suggested to add the provision that the ownership of service invention patents is mainly determined in article 6 of the patent law,and clearly specify the disclosure content and corresponding responsibilities in article 36 of the patent law and article 17 of the detailed rules for the implementation of the patent law.In article 16 of the patent law and articles 76-78 of the detailed rules for the implementation of the patent law,the remuneration standard is suggested to be stipulated in principle,the distribution method of the remuneration for service inventions is suggested to be clarified.And the provisions on the intermediary service organization and operation process for the patent pre-application assessment of university are suggested to be added in article 16 of the regulations on the administration of intellectual property rights in universities.