Research On The Green Patent Fast Track Examination Program In China

The Green Patent Fast Track examination program in China is a special system for green patents,aiming at speeding up the examination of green patents,speeding up the transformation of green technological achievements,and further encouraging green technological innovation.The Green Patent Fast Track examination program in China is established on the basis of China's priority examination system.In 2012,the Intellectual Property Office promulgated "Measures for the Administration of Priority Examination of Invention Patents".Article 4 stipulates the technical fields that can apply for green patent priority examination.It marks the beginning of the establishment of the Green Patent Fast Track examination program in China.In 2017,the "Measures for the Administration of Patent Priority Examination",The promulgation of the Measures,on the premise that the original field of green technology remains unchanged,brings utility models and designs into the scope of priority review,which indicates that the Green Patent Fast Track examination program in China has made considerable progress.The promulgation of "the Notice on Rapid and Cooperative Protection of Intellectual Property Rights " in 2016 marks that the Green Patent Fast Track examination program in China has stepped up to a new level.Since 2017,there have been established 19 intellectual property protection centers for key industries in various regions.Eight of them are dedicated to the field of green technology.They cooperate with the State Intellectual Property Office carry out rapid pre-examination,rapid confirmation of rights.They have made important contributions to the construction of the Green Patent Fast Track examination program in China.But the implementation effect of the Green Patent Fast Track examination program in China is not ideal.The average time of the Green Patent Fast Track examination program in China is about 16 months,while Japan's is about 2-3 months,and Korea's is about 1 month.The reason is that the application conditions stipulated are ambiguous,which results in the applicants not being able to predict whether or not to apply,thus increasing the pressure of examination.Taking Korea as an example,Korea's Green Patent Fast Track examination program stipulates eight categories of green technology,which provides a clear basis for green patent application.Guidance.From the point of view of application procedure,for invention patents,it is stipulated that only the invention patents entering the stage of actual examination are eligible for application,while other countries' Green Patent Fast Track examination program does not stipulate this.In China,generally,three months from the date of application,entering the stage of actual examination will slow down the overall examination without accelerating the speed of initial examination.In terms of examination methods,it is unfair for general patent applicants to speed up the examination of green patents by crowding out the examination Resources of general patent applications.The combination of retrieval and examination in Britain provides enlightenment for enriching the Green Patent Fast Track examination program in China.And there is the problem of imperfect construction of green patent information platform.Technological developers are easy to put their research and development efforts into existing technology,and investors are difficult to find suitable partners.The entry conditions and filing requirements of the applicants of the Green Patent Intellectual Property Center are also problematic.The applicants only include large enterprises,but for small enterprises and individuals,the scientific research strength is weak.A patent may have a great impact on the operation of enterprises,so the need for priority review is more urgent.The filing time interval is too long and the waiting time cost of 6 months is too high.For green patent applications with priority review needs,it is easy to lose the value of priority review.In view of the above problems,the following suggestions are put forward.Firstly,the application conditions should be clarified and additional fees should be charged for the rapid application of green patents in order to control the number of applications.To solve the problem of green patents crowding out other patent examination resources,we should improve the examination methods and set up special green patent examiners.Or merge cumbersome application procedures to further speed up green patent review.We should improve the application procedure for rapid pre-examination,open small and micro enterprises and individuals to be the main body of application,reduce the time for filing appropriately,and finally strengthen international cooperation to promote the perfection of the green patent information platform,learn from the successful international experience of establishing PPH in China,and gradually work with the application conditions and examiners of the Green Patent Fast Track examination program.Countries with similar patterns have carried out international cooperation to promote international exchanges and cooperation in green technology.