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  答:对于公示期间反映的意见和问题,我们坚持以下处理原则:一是做到耐心解释。省级受理机构负责将专家评审意见向企业反馈和解释,并争取企业的理解和支持。二是进行认真核实。对举报材料需要现场查实的,责成有关人员进行现场查实,根据调查情况提出处理建议。三是采取集体研究。对反映的意见和问题,与有关专家进行集体讨论,提出处理意见。四是坚持统一标准。同类问题坚持一个尺度,一视同仁。五是严格遵循程序。未经公示的产品原则上不再增补。
  第6问:公示期间反映意见的处理结果怎样?
  答:对于反映的意见,我们进行了认真的调查核实,并经会议集体讨论,提出处理意见。一是充分尊重专家意见和工作程序,对申请增补的但未列入公示稿中的产品不列入《推广目录》。二是举报取消的材料,经查证情况属实的予以取消,存在知识产权纠纷的,以法院判决为依据。三是属于公示稿中文字错误的,核查有关申报材料后予以更正。四是申请改变企业信息的,提供有效证明材料后予以更改。通过公示,取消了14企业的31个产品,更正了12家企业的相关信息。
  第7问:企业申报过程中存在哪些突出问题?
  答:从评审情况来看,主要存在五个方面问题:一是一些产品技术含量低,不够先进输送链、平顶链双节距空心销轴输送链、板式链、链条不锈钢输送用平顶链、工程塑料输送用不锈钢滚子链不锈钢滚子链及各种输送链、异型链等,平顶链种类多、规格全。。如单一功能的简易小型面粉机、碾米机、榨油机和稻麦脱粒机等不在申报范围内。有关性能指标达不到规定的要求,如发动机的油耗、挤奶机械的泄漏量、运动部件的安全防护等。二是个别企业申报信息不实,虚报产销量,缺乏诚实守信精神。三是一些企业规模小,不满足有关规定要求;有的产品批量小,生产时间短。四是企业资质不符合要求。一些申报单位是事业法人单位,有的是企业非法人。这次评审掌握的统一标准是,不具备企业法人资质的,不进入目录。五是产品名称不规范。一个产品应该具有一个规范的名称和型号,在申报材料中,个别产品名称或型号不一致,无法判定是否是同一产品。
  第8问:今后在改进工作方面有什么打算?
  答:一是合理调整国家和省级目录结构。进一步提高国家目录入选门槛,确保企业规模大、制造质量好、技术含量高、通用性强的产品进入国家推广目录。二是公开基础性评判条件,提高透明度,加强对入选产品的社会监督。三是扩大部级鉴定覆盖范围,加强鉴定工作的规范性和统一性。四是建立网上查询系统,方便企业和用户查询目录产品。
  第9问:对企业今后申报目录有哪些建议?
  答:有如下几点建议:一是按照标准规范产品名称和型号,保证产品名称和型号的规范一致。二是坚持诚实守信,申报信息要实事求是。三是认真仔细,避免出现差错,影响产品入选目录。四是准确理解相关规定,严格按照要求填报信息和提供材料。五是树立正面的企业形象,建立现代企业制度,突出品牌和商标的效应。六是提高科技含量,改进产品性能,加快产品更新换代的步伐。
  第10问:2011年度调整工作何时开始?
  答:下次调整工作计划于8月份开始网上申报,9月底前申报完毕。依然根据《国家支持推广的农业机械产品目录管理办法》的规定,进行省级推荐、专家评审、公示公布等程序。具体规定可查询中国农业机械化信息网的“国家支持推广目录”专栏。
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通過這些數據可以看出,近年來國內通信設備制造商非常重視專利申請,並且在專利申請數量上有了突飛猛進的提高。他們為何高度重視專利申請?為何在專利申請領域表現如此搶眼?這是因為,在高度競爭的通信設備和技術領域,知識產權是一項極其重要的發展戰略,是企業間競爭的制高點。也是關繫到企業市場地位、實際利益、話語權的重要法寶。國際一流企業的一個重要標準就是專利數量的多少。而且,專利權更是通信領域頂級遊戲規則之一。
自主創新,是我國通信設備企業近年來從小到大、從弱到強、從邊緣到主流的制勝秘訣之一。作為自主創新成果的直接體現,就是專利申請。對於一個企業來說,擁有的專利數量越多,其在國內國際市場所處的位置就越有利。
專利權關繫到企業的話語權。近年來,在國際電聯以及一些有影響的國際標準組織內,已經有越來越多的中國企業的專家擔任了很多專業技術委員會的委員,甚至擔任學術領導職務,參與國際通信技術標準的研究制定。這就使得我國企業能夠緊緊跟蹤國際通信技術的發展變革,參與變革,參與遊戲規則的制定。過去我國參加國際電聯的學術會議沒有什麼發言權,頂多是個旁聽者,而通信技術標準的制定權往往掌握在少數幾個國家的少數幾個超級企業手裡,制定出來的標準一定是對他們有利。而現在,通過多年努力,使我國企業在通信標準領域有了較多的話語權,這不僅是因為中國是全球最大的新興市場,更重要的是,中國企業在通信標準領域通過創新擁有很多技術專利,國際標準的研究制定需要聽取中國企業的意見和建議,需要吸納中國企業的科研成果,最後通過博采眾長,達到新的通信標準的完善性、廣泛性、通用性和一致性。而這種局面在幾年前是不可能的。
專利權關繫到企業的市場地位。華為、中興、大唐等企業如今都是通信領域有世界級影響的重要企業,特別是華為和中興,已經在全球通信設備領域位居前列,不斷在國際市場激烈的較量中戰勝跨國巨頭,贏得重要客戶的網絡建設合同。中國企業為何能在競爭堪稱殘酷的通信設備領域脫穎而出?通過自主創新擁有大量的技術專利,在許多重要的通信技術領域例如無線通信、光通信、數據通信占有一席之地,技術上不遜色於國際一流企業,甚至在某些領域有自己的專長和特色,這是其中的一條重要因素。而中國其他一些以代工、OEM或貼牌為主的企業,不管曾經有過多大的產業規模,但在技術上受制於人,每年交納給授權企業的專利費就是一筆巨大的開支,甚至完全抵消了微薄的利潤,這樣的企業最後都失去了市場地位,隨著技術的升級換代和產業競爭的洗牌,這樣的企業注定要在市場上消失。
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專利權關繫到企業的商業利益。商業利益是企業最重要的利益,也是企業生存發展的根本屬性。在通信領域有句很流行的話:“一流企業賣專利,二流企業賣產品,三流企業賣價格。”由此可見,專利是企業間競爭的最高級形式,誰擁有的技術專利多,誰就能夠獲取最大的商業利益。同時,專利也是抬高產業進入門檻、防止對手模仿及抄襲等非正常競爭手段的重要保障。
技術專利數量的迅速增長,需要企業在技術研發上舍得持續投入。據了解,華為每年堅持以不少於銷售收入10%的費用和43%的員工投入研究開發,並將研發投入的10%用於前沿技術、核心技術以及基礎技術的研究。中興通訊一直堅持將收入的10%投入研發,即使在金融危機最嚴重的2008年,對手迫於壓力而縮小研發規模的時候,中興通訊的研發投入增幅仍然超過了收入增幅,達到40億元。不重視技術創新、不舍得對研發進行高投入的企業,就不可能在專利申請上取得好的成績,也就談不上話語權、市場地位和商業利益。因此,專利權的背後,歸根結底還是自主創新。隻有以技術創新作為企業發展原動力的企業,纔有可能永葆生機和活力。
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