Shanghai to Subsidize Construction of Standard Essential Patent Pools
On April 22, 2024, the Pudong District of Shanghai, China released the Pudong New Area Science and Technology Development Fund Intellectual Property Funding Special 2024 Application Guide (浦东新区科技发展基金知识产权资助专项2024年度申报指南), which includes funding for the establishment of standard essential patent (SEP) pools. Fourteen other funding measures are also available including up to 2 million RMB for foreign invention patent funding/entity and foreign intellectual property rights enforcement.
The requirements for the SEP pool subsidy follows:
13) Subsidy for the construction of standard essential patent pool
1. Subsidy form and amount
Enterprises and institutions that participate in the formulation of international, national or Shanghai industry standards, take the lead in building a patent pool with the standard essential patents they own as the core, and carry out market-oriented operations, will be given a one-time subsidy of 500,000 RMB upon review .
2. Declaration requirements
( 1 ) Enterprises and institutions that participate in the formulation of international, national or Shanghai industry standards should take the lead in building a patent pool with their standard essential patents as the core;
( 2 ) The number of domestic invention patents entered into the patent pool is more than 30 (or more than 10 domestic invention patents and international patents authorized through PCT);
( 3 ) The patent pool carries out market-oriented operations.
3. Application materials
Project application form; materials for participating in the formulation of international, national or Shanghai industry standards; patent certificates and certification materials for standard essential patents; reports on the construction and operation of the patent pool; list of patents entered into the patent pool; other materials that need explanation.
For foreign IP rights enforcement, the requirements are:
9) Overseas rights protection service funding
1. Subsidy form and amount
Intellectual property service agencies, social groups and other organizations that have provided overseas intellectual property rights protection services to enterprises and institutions in Pudong since 2023 will be given a one-time subsidy of 200,000 RMB upon application and if they meet the conditions.
2. Declaration requirements
Applicants must meet all of the following conditions:
( 1 ) It has been established for more than two years and has good intellectual property service capabilities;
( 2 ) Provide legal services and technical support for Pudong enterprises and institutions in overseas intellectual property strategy, overseas intellectual property risk prevention and overseas intellectual property dispute response, and serve more than 10 clients every year ;
( 3 ) Organize overseas intellectual property public training and other services more than 2 times;
( 4 ) Form 2 legal environment reports or early warning reports , and allow the Pudong New Area Intellectual Property Office to use them for publicity and issuance.
3. Application materials
Project application form; subject qualification certificate; service list for providing legal and technical services such as overseas intellectual property strategy, risk prevention and dispute response; if a contract is signed, submit a copy of the contract and project service certification materials; if a contract is not signed, submit overseas rights protection services records or audio and video materials and other supporting materials; the full text of the legal environment report or early warning report; supporting materials for organizing overseas intellectual property public training, such as notices, sign-in sheets, photos, videos, etc.; other supporting materials.
4. Application acceptance date
September 18 – September 30 , 2024.
Pudong is providing funding for foreign invention patents although that will end in 2025.
(3) Foreign invention patent funding
1. Subsidy form and amount
Subsidies will be provided to enterprises and institutions that obtain foreign invention patent authorization through the PCT channel. The total amount of subsidies at all levels and types for each patent shall not exceed 50% of the officially prescribed fees paid to obtain the patent rights. The upper limit of the total subsidy for each patent shall not exceed RMB 20,000 . RMB. Each unit must give priority to apply for the municipal patent funding policy, and the total annual funding within the district for the same unit shall not exceed 2 million RMB.
2. Declaration requirements
( 1 ) The project applicant must be the first patent holder.
( 2 ) Foreign invention patents must be patents authorized after January 1 , 2023 ( inclusive).
3. Application materials
Funding application form and list; patent authorization certificate; municipal funding approval materials; other materials that need explanation.
4. Application acceptance date
August 5 – August 16 , 2024 .
The full text of the Guide is available here (Chinese only).
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