Implementation Plan of Shanghai Municipality for the Targeted Action on Patent Commercialization and Application

Shanghai Municipal Bureau of Justice

Implementation Plan of Shanghai Municipality for the Targeted Action on Patent Commercialization and Application

This Plan is formulated with a view to giving full play to dual role of intellectual property for institution supply and technology supply, effectively leveraging the rights and interests link and information link functions of patents, vigorously promoting the industrialization of patents, accelerating the transformation of innovation achievements into real productive forces, and carrying out target actions for the patent commercialization and application.

I. Optimizing the Quality of Patent Supply

1. Organize higher education institutions, scientific research institutions and medical and health institutions within this Municipality to review existing patents. Register patents with potential market value on the National Patent Navigation Comprehensive Services Platform, and aim to full coverage by the end of 2024. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Education, the Municipal Commission of Science and Technology, and the Municipal Commission of Health)

2. Uphold the vision of "optimizing the increment and commercializing the stock", further implement the project of high-value patent cultivation to cultivate high-value patents from the aspects of law, technology, economy, market, strategy, etc., accredit a batch of high-value patent cultivation centers among innovation entities, and form a batch of international patent applications and high-value patents under PCT (Patent Cooperation Treaty). By the end of 2025, the number of high-value invention patents per 10,000 people of this Municipality is expected to exceed 60, and the number of international patent applications under PCT is expected to reach approximately 7,000. (Responsible unit: the Municipal Intellectual Property Administration)

3. Guide innovation entities to fully utilize the services of patent priority examination, expedited preliminary examination and centralized examination, shorten the period of patent examination, and accelerate the acquisition of property rights and industrialization of technological innovations. Intensify efforts to crack down on irregular patent applications, and strengthen supervision over illegal and dishonest acts in the field of intellectual property rights. (Responsible unit: the Municipal Intellectual Property Administration)

4. Encourage higher education institutions, scientific research institutions and medical and health institutions to expedite the development of regulations. This includes establishing a classified management of patents, releasing annual patent commercialization plans, and conducting patent pre-application evaluations with a focus on market application prospect analysis. Additionally, ensure the enforcement of a patent statement system for patents arising from government-funded scientific research projects, i.e., for patents that have been authorized for more than five years without justifiable reasons, the State may either implement it free of charge, or allow others to use it, either on a paid or free-of-charge basis. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Education, the Municipal Commission of Science and Technology, and the Municipal Commission of Health)

5. Improve the quality of patent creation oriented by patent application, guide higher education institutions, scientific research institutions and medical and health institutions to accurately meet the market demand, promote the "order-based" research and development, and develop a greater number of high-value patents with clearly defined ownership and rights. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Education, the Municipal Commission of Science and Technology, and the Municipal Commission of Health)

6. Strengthen the incentives for the patent commercialization of higher education institutions and scientific research institutions, award performance rewards bonuses to the patent commercialization service teams of higher education institutions and scientific research institutions in accordance with the provisions, and increase the efficiency of the commercialization of existing patents. By the end of 2025, the average annual increase in the number of patent transfers, licenses and patents converted into shares in higher education institutions and scientific research institutions in this Municipality is expected to exceed 20%. Additionally, the total value of technology contracts involving patents in the entire Municipality is anticipated to surpass 150 billion yuan. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Education, the Municipal Commission of Science and Technology, the Municipal Bureau of Human Resources and Social Security, and the Municipal Bureau of Finance)

II. Enhancing the Alignment Between Patent Supply and Demand

7. Encourage the establishment of data links among the International Operating (Shanghai) Platform of the State Intellectual Property Operation Public Service Platform (SIPOP) , Shanghai Technology Exchange, the Service Center of Shanghai Intellectual Property and the National Patent Navigation Comprehensive Services Platform, to identify and screen patent commercialization resources, to build a tiered database, and to implement differentiated precise dissemination of patent supply information by industry, field and stage. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Science and Technology, and the Municipal Commission of State-owned Assets Administration)

8. Establish a patent information sharing mechanism, and by relying on the Shanghai Municipal Public Resources Trading Platform, achieve centralized release and network-wide accessibility of patent supply and demand information. Facilitate enterprises in this Municipality in receiving patent supply information, and carry out the evaluation and feedback based on the prospective analysis of patent commercialization, the needs of technological improvement and the willingness of Industry-Academia-Research collaboration. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Development and Reform Commission, and the Municipal Commission of Economy and Informatization)

9. Deepen the pilot initiatives for patent open licensing, and support this Municipality's intellectual property trading venues in continuously improving services, such as the collection and centralized release of patent open licensing statements, matchmaking services, transaction  protection and other services. Patent open licensing agreement that has been reached and filed shall be recognized and registered as technology contracts in accordance with laws, rules and regulations. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Science and Technology, and the Municipal Commission of State-owned Assets Administration)

10. Encourage and support intellectual property trading institutions and service institutions to vigorously carry out activities such as patent project roadshows, introductions, auctions and high-value patent operation competitions. Promote the establishment of "patent supermarkets", and accelerate the supply and demand matching and high-frequency circulation of patent resources. (Responsible unit: the Municipal Intellectual Property Administration)

III. Promoting Patent Industrialization of Small and Medium-sized Enterprises

11. Focus on high-tech enterprises, specialized and innovative enterprises, science and technology enterprises within this Municipality to comprehensively implement patent product registration, Aim for full coverage of all enterprises by the end of 2025. Encourage enterprises to strive for the identification of "patent-intensive products". Establish a mechanism for accounting and reporting on the growth of patent-intensive industries. By the end of 2025, the value added by patent-intensive industries in this Municipality is expected to account for 20% of GDP, and the annual output value of patent-intensive products that are officially registered and recognized is projected to reach approximately 70 billion yuan. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, and the Municipal Bureau of Statistics)

12. Encourage small and medium-sized enterprises to obtain patents from higher education institutions, scientific research institutions and medical and health institutions, to reduce innovation costs and shorten innovation time. Support small and medium-sized enterprises to effectively implement patent industrialization, and form a batch of relevant typical cases and demonstration units. Cultivate a batch of high-growth small and medium-sized enterprises with technology research and development capabilities and patent industrialization basis, and push them to the national database of patent industrialization model enterprise cultivation. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, and the Municipal Commission of Science and Technology)

13. Promote the application of patent information analysis in the development planning, technological innovation, talent introduction, rights protection, standard formulation, product sales, market financing and other scenarios of small and medium-sized enterprise. Further implement the international standards as prescribed in the Innovation Management — Guidance for Intellectual Property Management (ISO56005), to achieve the full coverage of national intellectual property advantageous demonstration enterprises and specialized and sophisticated "little giant" enterprises within this Municipality by the end of 2025. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, and the Municipal Commission of Science and Technology)

IV. Leveraging the Role of Patents to Enhance the Chain and Efficiency of Key Industries

14. Support the establishment of industrial intellectual property operation centers and industrial intellectual property alliances, encourage the building of industrial patent pools, be guided by the rules of market-orientation, and explore new models such as open source patents for cutting-edge technologies of industries in key industries of this Municipality. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, the Municipal Commission of Science and Technology, and the Municipal Commission of State-owned Assets Administration)

15. Cater to the development needs of open innovation, support the formation of a number of industrial intellectual property innovation consortia, clarify their ownership relationships and benefit distribution mechanisms, and foster and identify a batch of high-value patent portfolios that address common technological shortcomings and possess industry-leading advantages. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, the Municipal Commission of Science and Technology, and the Municipal Commission of State-owned Assets Administration)

16. Support the industry associations of this Municipality to establish industrial intellectual property operation promotion centers, and promote the dissemination of patent technology information, supply and demand alignment, application and transformation, and the standard setting of patent technologies within the industry sector. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, and the Municipal Commission of Science and Technology)

17. Improve the industrial patent navigation decision-making mechanism, and focusing on the key industries of this Municipality and the leading industries of each district, intensify efforts to implement the patent navigation projects related to industrial planning, to provide support for this Municipality to optimize the industrial layout and upgrade the industrial level. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, the Municipal Commission of Science and Technology, and all district people's governments)

V. Improving the Intellectual Property Operation System

18. Vigorously develop the intellectual property trading market, advance the improvement of intellectual property trading venues within this Municipality to improve functions such as intellectual property transaction verification, pricing guidance, and fund settlement, and optimize the business rules for intellectual property licensing, transfer, valuation for equity and value assessment, and asset disposal. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Economy and Informatization, the Municipal Commission of Science and Technology, and the Municipal Commission of State-owned Assets Administration)

19. Continuously optimize the intellectual property services market, and guide patent agencies to foster a service philosophy oriented towards promoting patent commercialization, to expand service areas, and to proactively offer integrated patent conversion and application solutions to innovative entities. Establish a network of market-oriented institutions that specialize in supporting patent commercialization and application. (Responsible unit: the Municipal Intellectual Property Administration)

20. Continue to promote the construction of intellectual property carriers such as Shanghai Municipal Intellectual Property Operation (Promotion) Center and functional parks of intellectual property operation service agglomeration areas, to strengthen the agglomeration of resource elements such as technology, information, capital, services and talents. Support Shanghai Caohejing Hi-tech Park, etc. in leveraging their function as a national base for intellectual property service export, and strengthen cross-border trade in services for intellectual property. (Responsible units: the Municipal Intellectual Property Administration, the Commission of Economy and Informatization, the Municipal Commission of Education, the Municipal Commission of Science and Technology, the Municipal Commission of Health, and all district people's governments)

21. Integrate the promotion of patent application and protection, and strengthen the protection of patents and trademarks related to patent-intensive products. Adhere to a holistic approach to national security, and implement the review system of this Municipality for intellectual property transfer to other countries. (Responsible units: the Municipal Intellectual Property Administration, and the Municipal Commission of Commerce)

22. Further promote the integrated development of the Yangtze River Delta in the field of intellectual property, focusing on promoting the interconnection of intellectual property operation networks of and between the Yangtze River Delta Ecological and Green Integrative Development Demonstration Zone and G60 Science and Technology Valley of the Yangtze River Delta. (Responsible units: the Municipal Intellectual Property Administration, the Municipal Commission of Development and Reform, Qingpu District People's Government, and Songjiang District People's Government)

23. Accelerate the development of a professional personnel team for intellectual property operation, continue to carry out programs aiming at training intellectual property chief operation officers, patent operation special personnel, and other programs. for small and medium-sized enterprises, to provide talent support for strengthening patent commercialization and application. (Responsible unit: the Municipal Intellectual Property Administration)

VI. Promoting the Quality and Efficiency of Financial Work for Intellectual Property

24. Support small and medium-sized enterprises to address financing problems by utilizing intellectual property. Leverage the role of Shanghai (Pudong) Intellectual Property Service Station for Enterprises to Be Listed on the Science and Technology Innovation Board, and intensify the services provision in intellectual property risk screening and investigation, and dispute response for the enterprises to be listed. (Responsible units: the Municipal Intellectual Property Administration, the Financial Office of the CPC Municipal Party Committee, and Pudong New Area People's Government)

25. Increase the supply of inclusive loans with pledge intellectual property, encourage banking institutions to include the performance of inclusive loans with pledge intellectual property as a plus in the annual assessment indicators of their branches and marketing teams, simplify the disposal process of non-performing loans, and implement the due diligence exemption system. By the end of 2025, the registered scale of financing with pledge patent and trademark in this Municipality is expected to exceed 30 billion yuan, benefiting more than 2,000 small and medium-sized enterprises. (Responsible units: the Municipal Intellectual Property Administration, Shanghai Branch of the National Financial Regulatory Administration, and Shanghai Branch of the People's Bank of China)

26. Foster the supporting policy incentives related to intellectual property finance, and implement the policies of interest discount, insurance discount and guarantee subsidy for loans with pledge intellectual property. Support banking institutions to carry out intellectual property financial service activities of "bank-enterprise docking" and "entering the industrial park to benefit enterprises". (Responsible units: the Municipal Intellectual Property Administration, and all district people's governments)

27. Promote the implementation of the "pre-compensation" system for financing risks of pledge intellectual property, and encourage the Municipal Financing Guarantee Center to use  intellectual property evaluation results accepted by the financial institutions cooperated therewith as the basis for evaluating business. (Responsible units: the Municipal Intellectual Property Administration, the Financial Office of the CPC Municipal Party Committee, the Municipal Bureau of Finance, Shanghai Branch of the National Financial Regulatory Administration)

28. Promote product models such as loans secured by intellectual property licensing proceeds and insurance for intellectual property transaction guarantees. Steadily advance intellectual property financial leasing, and explore the loan model combining "intellectual property + stock options" for pledging intellectual property as paid-in capital. (Responsible units: the Municipal Intellectual Property Administration, the Financial Office of the CPC Municipal Party Committee, and Shanghai Branch of the National Financial Regulatory Administration)

29. Support financial institutions to draw on the national standard "Patent Evaluation Guidelines" to establish an independent mechanism for evaluating the value of intellectual property rights. Encourage intellectual property service institutions to provide data supply for intellectual properties, information analysis, risk early warning and other services for financial institutions. (Responsible units: the Municipal Intellectual Property Administration, the Financial Office of the CPC Municipal Party Committee, Shanghai Branch of the National Financial Regulatory Administration, and Shanghai Branch of the People's Bank of China)

30. Enhance the efficiency of intellectual property financial services, guide financial institutions to carry out online whole-process handling of pledge patent registration, make good use of the function of the municipal pledge trademark registration window, and launch a batch of branches featured with loans with pledge intellectual property among banking institutions of this Municipality. (Responsible units: the Municipal Intellectual Property Administration, and Shanghai Branch of the National Financial Regulatory Administration)