[Editor’s Note] In order to solve the problem that patent achievements are difficult to be transformed and applied, Taiwan Province has implemented the Industrialization Plan for Invention Patents. 2015 is the last year of the implementation of the plan, and the implementation effect has initially appeared. By establishing a unified basic platform to promote the communication and exchange between obligees and manufacturers, and setting up a patent value-added counseling and consulting center to strengthen active service, the efficiency of patent transformation can be effectively improved. This issue of Express introduces the background, process, main contents and effects of the Plan for Industrialization of Invention Patents in Taiwan Province, and summarizes its effective measures.
First, the background and problems of intellectual property strategy in Taiwan Province
(A) Taiwan Province intellectual property policy development background
Limited by the natural environment and resources, Taiwan Province has long regarded technology import and export orientation as the basis of its economic development. The protection of intellectual property rights and related management and development focus on how to strengthen technology input to enhance regional production capacity. This thinking led to the neglect of independent R&D achievements in the early days in Taiwan Province, and it was at a disadvantage in the intellectual property market for a long time.
In 1990s, in order to prepare for China’s entry into the World TRIPS Organization, the Patent Law, Trademark Law and Copyright Law in Taiwan Province were revised to varying degrees. In addition, in 1995 and 1996, the Law on the Protection of Integrated Circuit Layout and the Law on Business Secrets were promulgated, and the system of intellectual property protection in Taiwan Province was basically improved. In January, 1999, the Intellectual Property Bureau was established in Taiwan Province to manage patents, trademarks, copyrights, layout-design of integrated circuits and other intellectual property businesses in a unified way, and to strengthen intellectual property administration. In July, 2008, the Intellectual Property Court was established in Taiwan Province, which has unified jurisdiction over the trial of administrative, civil and criminal cases of patent rights, trademark rights, copyrights and trade secrets, thus effectively controlling the disadvantages of lengthy judicial procedures for intellectual property rights.
(B) Problems and Dilemma of Intellectual Property Development in Taiwan Province
First, there is a fault between scientific research and development and production. In recent years, the R&D investment in science and technology in Taiwan Province has gradually increased, and the R&D output has also made great progress. The ranking of international academic papers and patents in Taiwan Province has been improved, but these scientific research achievements have not fully played their role in the industries involved and the overall economic development. Since 2005, Taiwan Province has ranked fourth in the world in the number of patents approved in the United States, but its influence is not satisfactory.
Second, the patent transformation of R&D units faces different problems. Due to the lack of experience in popularizing patent technology transformation, some research institutions and universities need external resources to help promote the industrialization of R&D achievements. At present, some public universities are only authorized because of the unclear provisions of laws and regulations on punishment and transfer. Some enterprises need to be assisted by intellectual property services and cooperative trading platforms, and large enterprises lack patent technology to defend and counter when facing international litigation because of their long-term operation mode of entrusted manufacturing. Personal R&D achievements are usually insufficient in capital and manpower investment, and the ability of technology transformation is low.
Third, the patent layout is insufficient to adapt to the increasingly prosperous patent "mine". As mentioned above, due to the long-term neglect of independent development, enterprises generally have weak independent research and development capabilities, and most enterprises lack core or important patented technologies in product-related fields. With the increasing attention of the international community to intellectual property rights, the protection and layout of intellectual property rights has become a stage for competition among enterprises. In addition to the patent fees, manufacturers with core patented technologies may also require the derivative benefits of products manufactured by authorized patents after listing and sales, and the proportion of the fees may sometimes be as high as 15% to 40% of the selling price of the products, thus greatly diluting the profit space of manufacturers. According to the report "Current Situation and Review of Science and Technology Development in Taiwan Province" published in 2012, Taiwan Province spends about NT$ 400 billion on R&D every year, and the number of patents per capita ranks first in the world, and the total amount ranks fifth in the world. However, there is a big gap between these scientific research investments and industrial demand, which leads enterprises to pay more than NT$ 100 billion in licensing fees to buy patents every year.
Second, the specific content of the "industrialization plan for invention patents"
In order to fully transform innovation ability into productivity and further strengthen the overall economic development of the region, Taiwan Province put forward the Industrialization Scheme of Invention Patents in the Five-year Plan of Four Intelligent Industry Policies.
The first is to clarify the definition of "invention patent" and "invention patent industrialization". According to the third paragraph of Article 2 of the Industrialization Plan for Invention Patents, the "invention patents" mentioned in this plan include patents and technologies obtained by research institutions, schools, enterprises and individuals. "Industrialization of invention patents", that is, the transformation of patent achievements, refers to the process of creating economic benefits through the use of patented technology. After the patent is authorized, it needs to go through the following industrialization process to create economic benefits: patent value and market evaluation and operation planning; Examine the patent technology layout of the industrial chain, and combine relevant patents or technologies to increase the feasibility of the patent being used; Transaction marketing activities such as transfer authorization, transfer or technical cooperation; Activities such as technical verification, entrepreneurship cultivation services and financing loans required for the development of products or undertakings.
The second is the content of promoting industrialization. According to the Plan for Industrialization of Invention Patents, the specific measures include: setting up a patent value-added counseling and consulting center, counseling commercialization verification services, strengthening the service function of Taiwan Technology Marketplace (hereinafter referred to as TWTM platform), integrating counseling resources to guide enterprise patent commercialization, counseling or subsidizing individual patent entrepreneurship to cultivate or develop new products, and strengthening the commercialization of research and development results of scientific special projects; In addition, according to the individual needs of patent technology owners, customized intensive counseling measures.
-setting up a patent value-added counseling and consulting center. Establish a patent value-added counseling and consulting center through TWTM platform, establish a database of expert consultants, and provide patentees with patent commercialization counseling for individual cases. Use TWTM platform online evaluation software or other patent value evaluation methods to evaluate patent technology and market potential and screen patents with commercialization potential. Provide value-added counseling for patents with commercialization potential screened by expert consultants, enhance the application potential of patents through value-added and combination of patents, or assist in applying for resources such as "instant technical counseling plan for SMEs".
-Counseling commercial verification services. From the source of cases counseled by the Patent Value-added Counseling and Consulting Center, the patents that have been used to develop prototypes are screened out, assisted by expert consultants to provide patent commercialization verification services, and the technology and equipment of Industry-University-Research institutions are integrated to provide patent commercialization verification services in collaboration. According to the technical development stage and demand of each patent prototype, provide verification services such as engineering, design or product. Through commercial verification service, the feasibility of mass production of patented prototype is revised and confirmed, the risk of production and development is reduced, and the patented prototype is guided to become a product with more commercial value.
-strengthen the service function of the technology transaction integration service center. Through patent collection, more tradable patents will be uploaded to TWTM platform. In addition, potential patents of individuals and small and medium-sized enterprises will be actively explored to increase the source of patent trading cooperation or patent commercialization; At the same time, collect the patent demand of the industry, understand the demand information of the patent technology demander, and further strengthen the patent cooperation supply and demand of TWTM platform. Hold patent intermediary promotion activities through TWTM platform, such as technology trading cooperation negotiation meeting, patent open granting activity, international technology trade exhibition or promotion interview with specific objects, etc., to enhance the probability of patent cooperation or commercialization.
-integrating counseling resources to guide the commercialization of enterprise patents. Make full use of existing counseling resources, provide integrated information on R&D counseling plans, and assist patent owners in patent commercialization and industrialization. The promotion measures are as follows: expand the use of existing R&D project counseling plans, assist patents with commercialization and industrialization potential, research and develop business plans and research and development plans, and accelerate their research and development of patented technologies, so as to achieve commercialization and industrialization; Using special loan plan to assist the commercialization and commercialization of patents, financing and credit guarantee; Introduce venture capital companies and expand the sources of funds for patent commercialization and industrialization.
-provide intensive counseling measures according to individual needs. In view of the problems faced by smaller research institutions, schools, enterprises and individuals in the process of patent industrialization, intensive counseling measures are provided. For small-scale research institutions and schools, experts and consultants are sent to conduct in-depth consultation and visit, evaluate trading methods and value-added portfolio opportunities, and help seek potential cooperative trading partners. Use TWTM platform to provide services such as trade talks and public transfer activities in the technical field to enhance cooperation opportunities. Provide cooperative trading guidance for large enterprises, use TWTM platform to assist them in trading non-core patents, and use IP Bank fund mechanism to accelerate industrial chain enterprises to jointly obtain patents needed for litigation and strengthen their litigation ability. In addition to providing value-added counseling for small and medium-sized enterprises and seeking potential partners, they will also use the technical field of TWTM platform to enhance cooperation opportunities, and at the same time provide industrial operation counseling: developing industrial operation planning, technical verification or developing new products, and financing and other related services to enhance the probability of patent commercialization. For individuals, we will provide value-added counseling for consultants and use services such as technical field trade talks and public transfer activities on TWTM platform to enhance cooperation opportunities. Assist in the use of government counseling resources, such as providing business plans for developing industrialization, technical verification or developing new products, and assisting in providing financing-related resources.
III. Achievements of the Patent Industrialization Plan
(1) Expected results
With the implementation of the Industrialization Plan for Invention Patents in Taiwan Province, it is estimated that by 2015, 470 patents will be obtained, 6,900 entrepreneurs will participate in industry-university cooperation, 3,200 cases will be visited by expert consultants, 960 patent technology operation plans or verification services will be developed, 3,400 patents will be assisted in value-added portfolio services, and 5,700 patents will be transferred and authorized. Driven by the above achievements, it is estimated that by 2015, 39,000 jobs will be created, private investment will be driven by NT$ 20 billion, and economic benefits will be derived by NT$ 113 billion.
(II) Actual results
According to the statistics of 2013, 3,016 cases of consulting and visiting services have been completed since the implementation of the Industrialization Scheme of Invention Patents in 2010. 725 business plans or verification services have been completed; A total of 2,392 pieces of patented technology were added; 5,130 manufacturers have completed industry-university cooperation; 4,676 cases of transactions such as authorization and transfer were completed; Promote employment of 40,229 people; Drive private investment of 19.2494 billion yuan; Derived economic benefits amounted to NT$ 76.006 billion.
Fourth, summary
The effect of implementing "Industrialization Scheme of Invention Patents" in Taiwan Province has initially appeared, and its effective measures are as follows.
First, establish a unified basic platform to promote exchanges between rights holders and manufacturers. In the process of implementing the patent industrialization scheme, all measures are carried out on a single TWTM platform, through which the obligee and the manufacturer can communicate and communicate patent industrialization clearly and directly, which saves the cost and inconvenience caused by inquiring counterparts and multiple channels, and is also conducive to policy promotion and publicity.
The second is to set up specialized agencies to take the initiative to help promote the industrialization process. During the implementation of the patent industrialization plan, the Patent Value-added Counseling and Consulting Center, as the main responsible unit, specially assists the obligee and the manufacturer in matters such as patent value-added, combination and evaluation. At the same time, in order to improve the patent industrialization rate, it will also strengthen the role of its own platform by actively publicizing, actively search for patents with transformation potential, and improve the probability of valuable patents’ transformation and application, thus improving the efficiency of policy implementation, instead of passively accepting consultation and passively providing services. (Shi Liyu, Peking University International Intellectual Property Research Center)
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