各有关高等学校: 根据《国家知识产权局关于开展2010年度专利调查工作的通知》(国知办规字〔2010〕76号)的要求,国家知识产权局继续开展2010年度专利调查工作,上海市共有21所高校的712件专利列入此次调查范围。为了保质保量和按时圆满完成国家知识产权局下达的任务,现将有关事项通知如下: 一、明确分管领导,落实责任部门。 此次抽样调查任务重、时间紧、数量多、要求高,各有关高校要明确分管本项工作的领导和职能部门,精心安排实施,确保按质、按量完成任务。 二、掌握时间节点,及时沟通联系。 各有关高校应按照《调查问卷任务表》(见附件1)要求的数量,安排工作进程,如果发现问题,应及时与市教委科技处、市知识产权局专利管理处沟通联系,调查问卷请于9月20日前报送市知识产权局专利管理处(地址:巨鹿路915号巨鹿大厦,邮编:200040),并抄送一份至市教委科技处(地址:大沽路100号330b,邮编:200003)。 附件:1.上海市各高校2010年度专利运用状况调查任务表 2.专利运用状况调查问卷(高校-专利信息) 3.专利运用状况调查问卷(高校-专利权人信息)
|
编号 |
大专院校 |
单位卷 |
专利卷 |
|
1 |
东华大学 |
1 |
65 |
|
2 |
复旦大学 |
1 |
68 |
|
上海医科大学 |
1 |
1 | |
|
3 |
华东理工大学 |
1 |
60 |
|
4 |
华东师范大学 |
1 |
53 |
|
5 |
上海大学 |
1 |
62 |
|
6 |
上海第二工业大学 |
1 |
11 |
|
7 |
上海电机学院 |
1 |
5 |
|
8 |
上海电力学院 |
1 |
17 |
|
9 |
上海东海职业技术学院 |
1 |
5 |
|
10 |
上海工程技术大学 |
1 |
31 |
|
11 |
上海工艺美术职业学院 |
1 |
3 |
|
12 |
上海海事大学 |
1 |
16 |
|
13 |
上海交通大学 |
1 |
59 |
|
14 |
上海交通大学医学院 |
1 |
2 |
|
上海第二医科大学 |
1 |
2 | |
|
15 |
上海理工大学 |
1 |
46 |
|
16 |
上海师范大学 |
1 |
47 |
|
17 |
上海海洋大学 |
1 |
5 |
|
18 |
上海应用技术学院 |
1 |
43 |
|
19 |
上海中医药大学 |
1 |
17 |
|
20 |
同济大学 |
1 |
58 |
|
同济大学建筑设计研究院 |
1 |
3 | |
|
21 |
中国人民解放军第二军医大学 |
1 |
32 |
|
第二军医大学东方肝胆外科研究所 |
1 |
1 | |
|
|
合 计 |
25 |
712 |
|
问卷审核记录 | |
|
第一审核 |
|
|
第二审核 |
|
|
|
是 |
否 |
|
|
1是否进行了相关技术的专利检索? ·················································· |
1 |
2 |
b0101/ |
|
2是否在研发过程中借鉴已经失效的专利和技术方案? ······················ |
1 |
2 |
b0102/ |
|
3.是否被用于企业的技术储备? ························································· |
1 |
2 |
b0103/ |
|
4.是否属于对核心技术的外围保护? ·················································· |
1 |
2 |
b0104/ |
|
5.是否考虑将该项专利技术用于质押融资?······································· |
1 |
2 |
b0105/ |
|
6.是否遭遇到了专利侵权? ································································ |
1 |
2 |
b0106/ |
|
不超过半年······································· |
1 |
2-3年(含3年)······························ |
4 | |
|
半年到一年(含1年)····················· |
2 |
3-5年(含5年)······························ |
5 | |
|
1-2年(含2年)····························· |
3 |
5年以上············································ |
6 |
|
1万元及以下···································· |
01 |
100万-500万元(含500万元)······ |
07 | |
|
1万-5万元(含5万元)·················· |
02 |
500万-1000万元(含1000万元)·· |
08 | |
|
5万-10万元(含10万元)·············· |
03 |
1000万-5000万元(含5000万元) |
09 | |
|
10万-30万元(含30万元)············ |
04 |
5000万元以上································· |
10 | |
|
30万-50万元(含50万元)············ |
05 |
没有研发成本··································· |
96 | |
|
50万-100万元(含100万元)························································ . |
06 |
说不清············································· |
99 |
|
|
预期收益总额 b0401/ |
截止目前的实际收益额 | ||
|
总计 b0402/ |
产品销售额 b0403/ |
许可或转让的 收益额b0404/ | ||
|
1万元及以下·································· |
01 |
01 |
01 |
01 |
|
1万-5万元(含5万元)················ |
02 |
02 |
02 |
02 |
|
5万-10万元(含10万元)············ |
03 |
03 |
03 |
03 |
|
10万-30万元(含30万元)·········· |
04 |
04 |
04 |
04 |
|
30万-50万元(含50万元)·········· |
05 |
05 |
05 |
05 |
|
50万-100万元(含100万元)······················································ . |
06 |
06 |
06 |
06 |
|
100万-500万元(含500万元)···· |
07 |
07 |
07 |
07 |
|
500万-1000万元(含1000万元) |
08 |
08 |
08 |
08 |
|
1000万-5000万元(含5000万元) |
09 |
09 |
09 |
09 |
|
5000万元以上······························· |
10 |
10 |
10 |
10 |
|
没有收益········································ |
96 |
96 |
96 |
96 |
|
说不清············································ |
99 |
99 |
99 |
99 |
|
与境内注册的企业合作研发·············· |
1 |
与国外机构合作研发························ |
4 | |
|
与国内高校合作研发························· |
2 |
与多方合作研发······························· |
5 | |
|
与国内科研单位合作研发·················· |
3 |
自行研发·········································· |
6 |
|
已经开始实施è【跳答b8题】······· |
1 |
没有开始实施è【继续回答b7然后结束】 |
2 |
|
能够生产出产品,但为防止已有产品被淘汰············································································ |
01 |
|
只是满足行政要求(摊派、优惠等)······················································································ |
02 |
|
联系不到投资方或生产企业···································································································· |
03 |
|
专利保护不力,专利产品一生产出来就被他人模仿,没有利润················································ |
04 |
|
专利暂时不能生产出产品,为了技术布局的需要····································································· |
05 |
|
实施该专利的市场机会不成熟································································································· |
06 |
|
改进型专利,实施整个技术方案会涉及侵权············································································ |
07 |
|
其他【请注明】 |
|
|
申请前····························· 1 |
申请后授权前······················ 2 |
授权后································ 3 |
|
产业化存在困难···························································································· |
01 |
缺少专利经营管理人才·············································································· |
05 | |
|
缺乏专利交易平台························································································ |
02 |
专利权被有意侵犯····················································································· |
06 | |
|
专利交易成本高···························································································· |
03 |
在后专利侵犯了在先专利的专利权···························································· 7 |
07 | |
|
专利代理水平不高导致市场保护范围不够··················································································· |
04 |
其他【请注明】 |
|
只自行实施··································································· |
1 |
|||
|
既有自行实施,又有转让实施······································· |
2 |
只转让实施··································································· |
5 | |
|
既有自行实施,又有许可实施······································· |
3 |
只许可实施··································································· |
6 | |
|
自行实施、转让实施、许可实施均有····························· |
4 |
既有转让实施,又有许可实施······································· |
7 |
|
制造产品·································································· |
1 |
è【回答b12-b13题后跳答b18题】 |
|
许可他人制造产品···················································· |
2 |
è【跳答b14题】 |
|
许可他人进口产品···················································· |
3 | |
|
转让········································································· |
4 |
è【回答b14-b16题后跳答b18题】 |
|
折价入股·································································· |
5 |
è【若只选择此三项,则跳答b18题】 |
|
进行广告宣传··························································· |
6 | |
|
招标投标·································································· |
7 |
|
产品研究试验阶段,尚未拿出样本···· |
01 |
试生产阶段······································ |
04 | |
|
小试阶段,已经拿出样本·················· |
02 |
规模产业化生产阶段························ |
05 | |
|
中试阶段,生产出产品····················· |
03 |
其他【请注明】 |
|
照样继续销售······································································································ |
01 |
自行改变产品生产策略,控制市场销售························· |
03 | |
|
联系专利权人进行谈判,取得许可······································································· |
02 |
到竞争对手商品销售范围之外的地点进行销售································· |
04 | |
|
|
|
其他【请注明】 |
|
会····················································· |
1 |
不会················································· |
2 |
|
是····················································· |
1 |
否······················································· |
2 |
|
境内注册的企业································ |
01 |
国内科研单位··································· |
03 | |
|
国内高校·········································· |
02 |
国外机构·········································· |
04 | |
|
|
|
其他【请注明】 |
|
独占许可·········································· |
1 |
普通许可·········································· |
3 | |
|
独家许可(排他许可)····················· |
2 |
交叉许可························································ 国外研究机构··································· |
4 |
|
领导不够重视······················································································································· |
01 |
|
相关规章制度不够健全········································································································· |
02 |
|
知识产权管理的专项资金匮乏,没有发挥有效引导作用························································ |
03 |
|
缺乏建立高校知识产权管理制度的必要指导·········································································· |
04 |
|
缺乏相关的知识产权管理人才,如技术经纪人等··································································· |
05 |
|
校方保护和运用知识产权的意识不足···················································································· |
06 |
|
缺乏技术成果的市场需求信息和中介资源············································································· 7 |
07 |
|
科研人员保护和运用知识产权的动机不足············································································· |
08 |
|
教师主要任务是科研与教学、无暇花费大量精力在知识产权转化上······································· |
09 |
|
业绩考核中知识产权占的权重太小,约束与激励机制均不足················································· |
10 |
|
其他【请注明】 |
|
问卷审核记录 | |
|
第一审核 |
|
|
第二审核 |
|
|
仍然有效的发明专利(件) |
|
c0201/ |
|
仍然有效的实用新型专利(件) |
|
c0202/ |
|
仍然有效的外观设计专利(件) |
|
c0203/ |
|
对外转让以及许可的发明专利(件) |
|
c0301/ |
|
对外转让以及许可的实用新型专利(件) |
|
c0302/ |
|
对外转让以及许可的外观设计专利(件) |
|
c0303/ |
|
|
投入生产的 发明专利 |
转让与许可的 发明专利 |
进行技术储备的 发明专利 | |||
|
具体数量(件) |
|
a0201/ |
|
a0202/ |
|
a0203/ |
|
占高校有效发明的比例(%) |
|
a0204/ |
|
a0205/ |
|
a0206/ |
|
|
数量(个) |
金额(万元) | ||
|
自行实施专利数量以及获得的实际收益 |
|
a0301/ |
|
a0306/ |
|
转让及许可专利数量以及获得的实际收益 |
|
a0302/ |
a0307/ | |
|
向他人购买专利数量以及支付专利许可费用 |
|
a0304/ |
a0309/ | |
|
其中向国外专利持有人(或有关机构)购买专利的数量以及支付费用 |
|
a0305/ |
a0310/ | |
|
来源于国家纵向课题的比例(%) |
|
c0501/ |
|
来源于省部级重大课题的比例(%) |
c0502/ | |
|
来源于企业横向科研合作的比例(%) |
c0503/ | |
|
来源于其他项目或者自筹项目的比例(%) |
c0504/ | |
|
其他【请注明】 |
|
|
量化管理·········································· |
01 |
上级要求·········································· |
06 | |
|
完成考核指标··································· |
02 |
报奖需要·········································· |
07 | |
|
受他人影响························································································· |
03 |
获得法律保护··································· |
08 | |
|
便于推广科技成果·········································································· |
04 |
占领某一科技领域···························· |
09 | |
|
较成果转让有更大的经济效益················································· |
05 |
其他【请注明】 |
|
1. 很重视 |
2. 一般了解 |
3. 需要时间了解 |
4. 基本不了解 |
|
只要高校在教学科研上给政策,愿意帮助企业有效实施专利···················································· |
1 |
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不愿意过多参与专利的实施,可以做一般的技术服务······························································· |
2 |
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希望以转让的方式一次性买断·································································································· |
3 |
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愿意以专利许可的方式,由企业自行组织实施········································································· |
4 |
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保护发明创造成果···························· |
01 |
培养高素质科研人员························ |
06 | |
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完成规定的科研指标,或项目要求···· |
02 |
上级主管部门单位要求····················· |
07 | |
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作为技术储备··································· |
03 |
获取行政资助··································· |
08 | |
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提高高校的知名度···························· |
04 |
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| |
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市场行为,获取最大的经济效益······· |
05 |
其他【请注明】 |
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申请数量高于去年········································································· |
1 |
è【跳至a12题】 |
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申请数量和去年基本持平······························································· |
2 | |
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申请数量低于去年········································································· |
3 | |
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不再申请专利················································································ |
4 |
è【继续回答】 |
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不清楚··························································································· |
5 |
è【跳至a12题】 |
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没有需要用专利来保护的技术··········· |
01 |
申请专利导致高校技术泄漏························································ . |
05 | |
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所需费用太高,投入不值得·············· |
02 |
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审查周期长,产品生命周期短,更替快····················································· |
03 |
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起不到保护作用,产品仍被仿冒······· |
04 |
其他【请注明】 |
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有专门的知识产权管理部门····································································································· |
01 |
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没有专门的知识产权管理部门,高校科技处或相关机构代为管理············································· |
02 |
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高校内部人员兼职进行知识产权管理······················································································· |
03 |
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没有设置任何管理机构以及管理人员,目前在考虑建立··························································· |
04 |
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没有设置任何管理机构以及管理人员,目前阶段没有必要建立················································· |
05 |
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其他【请注明】 |
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专利管理规章含在知识产权管理规章中···················································································· |
01 |
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既有知识产权管理规章,又有单独的专利管理规章·································································· |
02 |
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规章制度尚无建立··················································································································· |
03 |
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其他【请注明】 |
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高校对专利转让及许可合同收取的管理费与技术开发合同相同················································· |
01 |
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高校对专利转让及许可合同收取的管理费高于技术开发合同···················································· |
02 |
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高校对专利转让及许可合同收取的管理费低于技术开发合同···················································· |
03 |
|
其他【请注明】 |
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主要针对专利研发进行奖励·············· |
1 |
对研发和实施都进行奖励················· |
3 | |
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主要针对专利实施进行奖励·············· |
2 |
尚未建立相应奖励制度····················· |
4 |
|
按实施效益比例提成························· |
01 |
精神奖励(晋升、荣誉称号等)······· |
03 | |
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固定金额奖励··································· |
02 |
其他【请注明】 |
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|
双方共享专利,外方已经实施 |
01 |
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你校独享专利,已经许可外方使用 |
02 |
其他许可情况【请注明】 |
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专利权利共享,委托方可以实施········································· |
1 |
权利归属委托方,实施情况不清楚·································································· |
3 | |
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权利归属高校,许可委托方实施········································· |
2 |
尚未进行明确································································································· |
4 |
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是···································································································································· |
1 |
否···································································································································· |
2 |
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1. 太弱,不足以保护自己的专利 |
2. 还行,基本上满足需要 |
3. 太强,已经超过了必要的水平了 |
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没有遇到过侵权······························································ |
1 |
è【跳至a26题】 |
|
遇到过侵权,但是没有提起诉讼······································ |
2 |
è【继续询问】 |
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遇到过侵权,而且提起过诉讼········································· |
3 |
|
(1)知识产权侵权 |
(2)知识产权诉讼è【若无发生诉讼则继续回答a24题,否则不答】 | ||||
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商业秘密······························································································································ ··························································································································································································· |
01 |
a1701/ |
01 |
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a1707/ |
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商标····································································································································· ··························································································································································································· |
02 |
a1702/ |
02 |
a1708/ | |
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版权····································································································································· |
03 |
a1703/ |
03 |
a1709/ | |
|
发明专利······························································································································ ··························································································································································································· |
04 |
a1704/ |
04 |
è【若提起专利诉讼则回答a25题,否则不答】 |
a1710/ |
|
外观设计······························································································································ ··························································································································································································· |
05 |
a1705/ |
05 |
a1711/ | |
|
实用新型······························································································································ ··························································································································································································· |
06 |
a1706/ |
06 |
a1712/ | |
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其他【请注明】·················································································································· |
____________ |
________________ |
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侵权尚未达到一定规模,引而不发···· |
01 |
诉讼面临的资金压力较大················· |
04 | |
|
也侵犯他人专利,害怕被人反诉······· |
02 |
预期即便提起诉讼也达不到维权效果 |
05 | |
|
专利侵权判定较为困难····················· |
03 |
其他【请注明】 |
|
|
法院的法律适用及事实认定有问题······························································· |
01 |
专利代理人水平不高,申请文件撰写存在问题···························································· |
05 | |
|
专利诉讼的成本过高、时间过长··································································· |
02 |
专利审查质量不高,导致权利不稳定················································· |
06 | |
|
专利案件中难以取证···················································································· |
03 |
地区保护主义导致执法不力······························································· |
07 | |
|
侵权判断标准难以确定················································································· |
04 |
其他【请注明】 |
|
是è【继续回答】··············································································· |
1 |
否è【跳至a28题】······································································· |
2 |
|
6个月之内····················································································································· |
01 |
7年之内······························································································································ |
08 | |
|
1年之内························································································································· |
02 |
8年之内······························································································································ |
09 | |
|
2年之内························································································································· |
03 |
9年之内······························································································································ |
10 | |
|
3年之内························································································································· |
04 |
10年之内···························································································································· |
11 | |
|
4年之内························································································································· |
05 |
15年之内···························································································································· |
12 | |
|
5年之内························································································································· |
06 |
20年··································································································································· |
13 | |
|
6年之内························································································································· |
07 |
不清楚································································································································ |
99 |
|
继续维持专利权···························································································· |
01 |
è【跳至a30题】 |
考虑转让专利权è【继续回答】······································· |
03 |
|
主动放弃专利权···························································································· |
02 |
其它【请注明】 |
|
专利技术转让给内资高校·············································································· |
01 |
无所谓,转让给有实际需求的高校或机构 |
03 | |
|
转让给外资机构···························································································· |
02 |
其它【请注明】 |
|
1. 有,且成功实现了 |
2. 有,但并未成功实现 |
3. 没有 |
|
专利质量不高··································· |
01 |
银行质押总额小,每笔专利金额不高 |
04 | |
|
专利权利不稳定,存在潜在纠纷······· |
02 |
专利评估机制尚不完善····················· |
05 | |
|
银行认为风险大,顾虑多,高校担保资金来源单一 |
03 |
质押贷款风险补偿机制尚未建立······· |
06 | |
|
|
其它【请注明】 |
|
|
联系专利交易平台················ |
01 |
律师事务所············································· . |
05 | |
|
参与有关技术展会或交易会·· |
02 |
专利技术服务公司·································· |
06 | |
|
专利代理所··························· |
03 |
熟人、朋友············································· |
07 | |
|
高校自行成立相关促进转化的机构····································· |
04 |
教师自行处理,高校不帮与联系··········································· |
08 | |
|
|
其它【请注明】 |
|
|
担保该项专利法律有效之外,还担保该专利在技术上实用,能马上生产出产品························ |
1 |
|
只担保该项技术在法律上有效,不保证在技术上实用······························································· |
2 |