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【法规名称】 
【发文字号】 沪教委科[2010]50号
【颁布时间】 2010-09-06
【实施时间】 2010-09-06
【效力属性】 有效
【法规编号】 512488  什么是编号?
【正  文】

第3页 上海市教育委员会、市知识产权局关于开展本市高校2010年度专利调查工作的通知

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a4.请根据2009年您所在高校的专利转让及许可数量以及收支金额填写下表。【请在表格相应空格处填写具体的数字】。
  
  

 

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/


  说明:专利所有权转让及许可收入是指报告期高校向外单位转让专利所有权或允许专利技术由被许可单位使用而得到的收入。包括当年从被转让方或被许可方得到的一次性付款和分期付款收入,以及利润分成、股息收入等。
  a5.请根据您所在高校申请的全部专利的来源填写下表。【请在表格相应空格处填写具体的数字】
  
  

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】

 

 


  【专利意识】
  a6.您认为你校教师申请专利的首要动机是________,其次是_______,再次是_______ e0601-e0603/
  
  

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】 

 

  a7.您认为你校大部分科研人员、教师对专利技术转移与产业化工作的态度如何? 【单选】c1201/
  
  

1. 很重视

2. 一般了解

3. 需要时间了解

4. 基本不了解


  a8.您认为大学研究人员是否愿意紧密参与专利技术实施的技术和管理工作? 【单选】e0801/
  
  

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

不愿意过多参与专利的实施,可以做一般的技术服务·······························································

2

希望以转让的方式一次性买断··································································································

3

愿意以专利许可的方式,由企业自行组织实施·········································································

4


  【专利申请】
  a9.您所在高校申请专利的目的是什么?最主要目的是________,其次是_______,再次是_______
  【多选】c0701-c0703/
  
  

保护发明创造成果····························

01

 

培养高素质科研人员························

06

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

作为技术储备···································

03

 

获取行政资助···································

08

提高高校的知名度····························

04

 

 

 

市场行为,获取最大的经济效益·······

05

 

其他【请注明】 

 


  a10.您所在高校2011年申请专利的情况是: 【单选】a0601/
  
  

申请数量高于去年·········································································

1

è【跳至a12题】

申请数量和去年基本持平·······························································

2

申请数量低于去年·········································································

3

不再申请专利················································································

4

è【继续回答】

不清楚···························································································

5

è【跳至a12题】


  a11.您所在高校2011年不会申请专利的最主要的原因是?【单选】d1001/
  
  

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

所需费用太高,投入不值得··············

02

   

 

审查周期长,产品生命周期短,更替快·····················································

03

   

 

起不到保护作用,产品仍被仿冒·······

04

 

其他【请注明】 

 


  【专利管理】
  a12.您所在高校在知识产权管理方面属于哪种情况? 【单选】a0901/
  
  

有专门的知识产权管理部门·····································································································

01

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

高校内部人员兼职进行知识产权管理·······················································································

03

没有设置任何管理机构以及管理人员,目前在考虑建立···························································

04

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

其他【请注明】

 

  a13.您所在高校目前的专利管理规章制度建设情况如何? 【单选】c1101/
  
  

专利管理规章含在知识产权管理规章中····················································································

01

既有知识产权管理规章,又有单独的专利管理规章··································································

02

规章制度尚无建立···················································································································

03

其他【请注明】

 


  a14.您所在高校关于专利转让及许可合同的收费政策是怎样的?【单选】e1401/
  
  

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

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

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】

 


  a15.您所在高校主要针对专利的哪一个方面进行奖励?【单选】c1301/
  
  

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

主要针对专利实施进行奖励··············

2

 

尚未建立相应奖励制度·····················

4


  a16.您所在高校对专利的发明和实施人员如何进行奖励?  【多选】c1401-c1403/
  
  

按实施效益比例提成·························

01

 

精神奖励(晋升、荣誉称号等)·······

03

固定金额奖励···································

02

 

其他【请注明】

 


  a17.您所在高校在外商(包括外资中国研究院)资助下取得的专利的实施情况如何? 【单选】c1501/
  
  

双方共享专利,外方已经实施

01

   

 

你校独享专利,已经许可外方使用

02

 

其他许可情况【请注明】

 


  a18.您所在高校在横向委托项目(主要企业委托)中产生的专利的实施情况如何?【单选】c1601/
  
  

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

权利归属高校,许可委托方实施·········································

2

 

尚未进行明确·································································································

4


  a19.您所在高校是否设立了专利基金(或者类似的基金项目)?【单选】c1701/
  
  

是····································································································································

1

 

否····································································································································

2


  a20.您所在高校是否以技术为支撑,参股或控股校外的企业?如合办的企业数量较多,则列出规模最大的三家代表性企业即可。
  第一家______________________________________ c1801/
  第二家______________________________________ c1802/
  第三家______________________________________ c1803/
  【专利保护】
  a21.您认为目前阶段,我国的专利保护水平如何?【单选】a1501/
  
  

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


  a22.截至目前,您所在高校是否遭遇他人侵犯您的知识产权侵权,您是否提起相关诉讼?【单选】a1601/
  
  

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】

遇到过侵权,而且提起过诉讼·········································

3


  a23.您所在高校(1)遇到的知识产权侵权主要有哪些形式?(2)提起的知识产权诉讼主要有哪些形式?
  【请先回答(1)题再回答(2)题;若未提起过知识产权诉讼,则不填(2)题】 【多选】a1701-a1712/
  
  
 

(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】

商业秘密······························································································································ ···························································································································································································

01

a1701/

01

 

a1707/

商标····································································································································· ···························································································································································································

02

a1702/

02

a1708/

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/

其他【请注明】··················································································································

____________

________________

 


  a24.您所在高校遇到侵权,但是没有提起诉讼的原因是什么?è【跳至a26题】 【多选】a2001-a2005/
  
  

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】

 


  a25.在专利诉讼过程中,您所在高校遇到的首要问题是__________,其次是______,再次是________。
  【请将答案代号填写在上面横线上】a1901-a1903/
  
  

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】 

 

  【专利放弃】
  a26.您所在高校是否建立了专利权的放弃机制? 【单选】c2501/
  
  

是è【继续回答】···············································································

1

 

否è【跳至a28题】·······································································

2


  说明:放弃机制是指高校对于维护成本高但是所获得收益低的专利,主动放弃专利权的一种方式。
  a27.您所在高校选择放弃专利权的期限通常是多长时间? 【单选】c2401/
  
  

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


  a28.对于高校自身认定为价值不高的专利,您所在高校通常采用的做法主要有?【多选】c2601- c2603/
  
  

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】 

 

  a29.转让对于高校自身认定为价值不高的专利时,通常会选择转让给谁? 【多选】c2701- c2703/
  
  

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】 

 

  【专利质押】
  a30.您所在高校是否有使用专利权进行质押融资的意愿?如有,是否成功实现? 【单选】a2201/
  
  

1. 有,且成功实现了

2. 有,但并未成功实现

3. 没有


  a31.您认为您所在高校在质押融资过程中,存在的主要问题是什么? 【多选】a2301-a2306/
  
  

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】

 


  【专利中介】
  a32.您所在高校一般通过哪种方式渠道进行专利的转让与交易? 【多选】c3001-c3008/
  
  

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】 

 


  其中,您最信赖的中介结构类型是什么?______【请将上表答案代号填写在上面横线上】【单选】c3009/
  a33.您所在高校若想通过中介获得专利,最希望中介机构做什么? 【单选】a2401/
  
  

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


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