Countercurrent 1982
Chapter 2379 Amendments to the Patents Act
For Jing Shuping's proposal, Duan Yun naturally fully supports it, and this kind of thing is not difficult for him, he just needs to explain it to the public relations department of the group company, and his subordinates will implement it in detail.
"That would be great." Hearing what Duan Yun said, a smile appeared on Jing Shuping's face.
"Actually, I also have a small proposal. I don't know if the chairman can submit it this year." Duan Yun said suddenly.
Since he wants to join the All-China Federation of Industry and Commerce, Duan Yun also enjoys some of the rights while undertaking the obligations.As a member of the Federation of Industry and Commerce, Duan Yun is obliged to put forward his own proposal within the framework of the Federation of Industry and Commerce, but whether the proposal can be successfully reviewed and passed through the two sessions of discussion depends on whether the proposed proposal can be obtained.
Wide support.
But at this point, Duan Yun is still confident.
"Eh? You also have a proposal? Let me know." Jingshu Pingrao asked with interest. "It's actually very simple. Our proposal is about the protection of enterprise product patent technology. For a technology company like us, once it encounters infringement and piracy, the loss will be very huge. Of course, this is also different from our country.
However, no matter what, the technologies and products that we have invested a lot of money, manpower and material resources in research should not be stolen at will, which will have a great impact on the technological development of our country. " Duan Yun said.
Duan Yun's so-called proposal is actually very simple, that is, to strengthen domestic patent protection laws.In fact, as early as after the Revolution, the country had already begun to formulate patent protection regulations. In 1950, the Government Administration Council promulgated the "Provisional Regulations on the Protection of Invention Rights and Patent Rights", which have important requirements on the protection of patent rights, patent application conditions, and procedures. The examination and approval procedure objection system, patents, rights holders’ rights and obligations protection cycle, and legal responsibilities of offenders are all stipulated. The promulgation of this regulation actually shows that the party and the government recognized
We have come to the importance of establishing a patent system for my country's national construction.However, although this regulation was promulgated, from 1953 to 1957, only 4 patents and 6 invention rights were approved. The reason why so few patents were applied for is also obvious.
****, a lot of waste is waiting to be done, the country's industrial foundation is very weak, and there are very few senior scientific researchers, so there are also very few patented products that can be developed.On the other hand, the country was in the era of planned economy at that time, and there were very few private enterprises, and all state-owned enterprises needed permission from relevant departments to develop and sell any products, so in this system, enterprises
There is no autonomy in product research and development, and all work is planned and deployed in a unified manner, so naturally there is no need to apply for a patent.
So after 1957, the regulation had existed in name only, and until November 1963, the State Council explicitly banned it.In the same year, our country promulgated the new "Regulations on Invention Rewards". If the regulations were not implemented in time, it had entered a special era. Until December 11, my country promulgated the revised "Regulations on Invention Rewards", and according to the regulations
According to the regulations, a large number of inventions and creations were selected, and certificates were issued and rewarded. In 1980, in order to meet the needs of reform, opening up and economic construction, the Patent Law established the State Patent Office with the approval of the State Council. In March 1980, my country joined the United Nations Intellectual Property Organization. On March 3, 1984, "…
The Patent Law of the People's Republic of China was officially promulgated and came into effect on April 1985, 4, which marked that the protection of inventions and creations in my country has entered a new historical period.However, in general, the patent law in the 1s fully considered the national conditions at that time, reflected the nature of the law, and basically followed the international conventions and practices. Therefore, from 80 to 1985, the number of patent applications in China exceeded The rate is increasing by 1992% every year. By 23, the Chinese Patent Office had accepted more than 1992 patent applications and approved more than 22 of them. The number of countries applying for patents in China has reached 8.
It can be seen that the revision of the Patent Law this time has achieved very obvious economic and social benefits.However, due to lack of experience, some defects and imperfections were found during the implementation of the patent law, which need to be revised and improved. On the other hand, considering the trend of international coordinated development, China's patent law has
It began to move closer to international standards. For this reason, the Patent Law has undergone two revisions. In 1992, a new draft revision of the Patent Law was published.Telling Group's legal department has been studying and strictly following the regulations of the Chinese patent law. During this period, it has discovered many problems and deficiencies in the domestic patent law.
The patent law has already found out the amendment plan for the relevant regulations, and Duan Yun took this opportunity to join the All-China Federation of Industry and Commerce, and planned to use this platform to re-amend the domestic patent law.In fact, when Duan Yun became a representative of the National People's Congress and participated in the two sessions, he could also propose relevant bills, but with his own strength, it was not enough to make this plan get enough attention.
If it is proposed in the name of the National Federation of Industry and Commerce, the possibility of success will become very high.
Among Duan Yun's proposed new patent bills, there are several items that are crucial to Tianyin Group.
The first is to extend the protection period of patents. The protection period of invention patents has been extended from 15 years to 20 years, and the protection period of utility models and designs has been extended from 5 years to 10 years.This extension is still very important, because the development cycle of many product projects of Tianyin Group is very long. From the first generation of products to the products that are gradually formed in the later stage, it may take 8 to 10 years.
If the protection period is too short, it will be difficult for the company that owns the patent to recover the cost in a short period of time. As an enterprise, the longer the protection period, the better.The second point is to speed up and improve the patent law opposition procedure after the revision of the examination and approval procedure, because from the perspective of domestic time, the number of oppositions is very small, and the existence of this procedure prolongs the examination and approval time, which is very harmful to the protection of patents.
Profit.
The last point is to add the priority right of the country, the authorization, the revocation procedure within 6 months, and the full recovery procedure, etc., to clarify the scope of the patent document that can be modified.All in all, this proposal can be said to have brought together the problems and relevant experience discovered by the Tianyin Group's legal department in the past ten years in the domestic patent law. If so, it will be of vital significance and value to the development of Tianyin Group in the next decade or even decades.
"That would be great." Hearing what Duan Yun said, a smile appeared on Jing Shuping's face.
"Actually, I also have a small proposal. I don't know if the chairman can submit it this year." Duan Yun said suddenly.
Since he wants to join the All-China Federation of Industry and Commerce, Duan Yun also enjoys some of the rights while undertaking the obligations.As a member of the Federation of Industry and Commerce, Duan Yun is obliged to put forward his own proposal within the framework of the Federation of Industry and Commerce, but whether the proposal can be successfully reviewed and passed through the two sessions of discussion depends on whether the proposed proposal can be obtained.
Wide support.
But at this point, Duan Yun is still confident.
"Eh? You also have a proposal? Let me know." Jingshu Pingrao asked with interest. "It's actually very simple. Our proposal is about the protection of enterprise product patent technology. For a technology company like us, once it encounters infringement and piracy, the loss will be very huge. Of course, this is also different from our country.
However, no matter what, the technologies and products that we have invested a lot of money, manpower and material resources in research should not be stolen at will, which will have a great impact on the technological development of our country. " Duan Yun said.
Duan Yun's so-called proposal is actually very simple, that is, to strengthen domestic patent protection laws.In fact, as early as after the Revolution, the country had already begun to formulate patent protection regulations. In 1950, the Government Administration Council promulgated the "Provisional Regulations on the Protection of Invention Rights and Patent Rights", which have important requirements on the protection of patent rights, patent application conditions, and procedures. The examination and approval procedure objection system, patents, rights holders’ rights and obligations protection cycle, and legal responsibilities of offenders are all stipulated. The promulgation of this regulation actually shows that the party and the government recognized
We have come to the importance of establishing a patent system for my country's national construction.However, although this regulation was promulgated, from 1953 to 1957, only 4 patents and 6 invention rights were approved. The reason why so few patents were applied for is also obvious.
****, a lot of waste is waiting to be done, the country's industrial foundation is very weak, and there are very few senior scientific researchers, so there are also very few patented products that can be developed.On the other hand, the country was in the era of planned economy at that time, and there were very few private enterprises, and all state-owned enterprises needed permission from relevant departments to develop and sell any products, so in this system, enterprises
There is no autonomy in product research and development, and all work is planned and deployed in a unified manner, so naturally there is no need to apply for a patent.
So after 1957, the regulation had existed in name only, and until November 1963, the State Council explicitly banned it.In the same year, our country promulgated the new "Regulations on Invention Rewards". If the regulations were not implemented in time, it had entered a special era. Until December 11, my country promulgated the revised "Regulations on Invention Rewards", and according to the regulations
According to the regulations, a large number of inventions and creations were selected, and certificates were issued and rewarded. In 1980, in order to meet the needs of reform, opening up and economic construction, the Patent Law established the State Patent Office with the approval of the State Council. In March 1980, my country joined the United Nations Intellectual Property Organization. On March 3, 1984, "…
The Patent Law of the People's Republic of China was officially promulgated and came into effect on April 1985, 4, which marked that the protection of inventions and creations in my country has entered a new historical period.However, in general, the patent law in the 1s fully considered the national conditions at that time, reflected the nature of the law, and basically followed the international conventions and practices. Therefore, from 80 to 1985, the number of patent applications in China exceeded The rate is increasing by 1992% every year. By 23, the Chinese Patent Office had accepted more than 1992 patent applications and approved more than 22 of them. The number of countries applying for patents in China has reached 8.
It can be seen that the revision of the Patent Law this time has achieved very obvious economic and social benefits.However, due to lack of experience, some defects and imperfections were found during the implementation of the patent law, which need to be revised and improved. On the other hand, considering the trend of international coordinated development, China's patent law has
It began to move closer to international standards. For this reason, the Patent Law has undergone two revisions. In 1992, a new draft revision of the Patent Law was published.Telling Group's legal department has been studying and strictly following the regulations of the Chinese patent law. During this period, it has discovered many problems and deficiencies in the domestic patent law.
The patent law has already found out the amendment plan for the relevant regulations, and Duan Yun took this opportunity to join the All-China Federation of Industry and Commerce, and planned to use this platform to re-amend the domestic patent law.In fact, when Duan Yun became a representative of the National People's Congress and participated in the two sessions, he could also propose relevant bills, but with his own strength, it was not enough to make this plan get enough attention.
If it is proposed in the name of the National Federation of Industry and Commerce, the possibility of success will become very high.
Among Duan Yun's proposed new patent bills, there are several items that are crucial to Tianyin Group.
The first is to extend the protection period of patents. The protection period of invention patents has been extended from 15 years to 20 years, and the protection period of utility models and designs has been extended from 5 years to 10 years.This extension is still very important, because the development cycle of many product projects of Tianyin Group is very long. From the first generation of products to the products that are gradually formed in the later stage, it may take 8 to 10 years.
If the protection period is too short, it will be difficult for the company that owns the patent to recover the cost in a short period of time. As an enterprise, the longer the protection period, the better.The second point is to speed up and improve the patent law opposition procedure after the revision of the examination and approval procedure, because from the perspective of domestic time, the number of oppositions is very small, and the existence of this procedure prolongs the examination and approval time, which is very harmful to the protection of patents.
Profit.
The last point is to add the priority right of the country, the authorization, the revocation procedure within 6 months, and the full recovery procedure, etc., to clarify the scope of the patent document that can be modified.All in all, this proposal can be said to have brought together the problems and relevant experience discovered by the Tianyin Group's legal department in the past ten years in the domestic patent law. If so, it will be of vital significance and value to the development of Tianyin Group in the next decade or even decades.
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