Measures of Gansu Province on Patent Awards

Article 1 In order to further implement the innovation-driven development strategy, encourage invention and creation, strengthen the protection and application of intellectual property rights, and promote the construction of a strong intellectual property province, these Measures are formulated in accordance with the provisions of the Patent Law of People's Republic of China (PRC) and the Patent Regulations of Gansu Province, combined with the actual situation of this province. Article 2 These Measures shall apply to the declaration, recommendation, evaluation and award of patent awards in Gansu Province. Article 3 The Gansu Provincial Patent Award shall be established by the provincial people's government, including the patent award and the patent inventor award.

Patent awards are selected from invention patents, utility model patents and design patents; The patent inventor award is selected from the patent inventor or designer. Article 4 Gansu Patent Award adheres to the principles of encouraging creation, protecting innovation, guiding application, openness and fairness. The fifth provincial people's government set up the Gansu Provincial Patent Award Committee, and the provincial patent administration department is responsible for its daily work. Candidates for members of the Gansu Provincial Patent Award Committee shall be approved by the provincial patent administration department and submitted to the provincial people's government.

The Gansu Provincial Patent Award Committee employs experts and scholars to form the Gansu Provincial Patent Award Evaluation Committee, which is responsible for the evaluation in accordance with the provisions of these Measures. Article 6 The applicant for a patent award shall be the patentee or an implementing entity registered within the administrative region of this province and having the qualification of an independent legal person.

To declare a patent award, the following conditions shall be met:

(a) the patent has been authorized by China National Intellectual Property Administration;

(2) The patent right is valid and the ownership is clear;

(three) in the province for more than two years, the economic benefits, social benefits or ecological benefits are remarkable;

(four) the patent has perfect protection measures. Article 7 No patent award may be declared under any of the following circumstances:

(a) confidential patents or involving national defense and national security;

(2) The ownership is disputed;

(three) won the China patent award and the Gansu patent award;

(4) The patent right is in the process of invalidation. Article 8 The applicant for the patent inventor award shall be a permanent resident of this province and meet the following conditions:

(a) abide by the law, no record of bad social credit information;

(two) the main invention-creation activities are carried out within the administrative region of this province;

(three) the applicant has granted a large number of high-quality patents, and is the main inventor or designer of the patent;

(four) after the implementation of the patent, it has achieved remarkable economic, social or ecological benefits and made outstanding contributions to improving the added value of products, promoting technological progress in related fields and promoting industrial transformation and upgrading. Ninth Gansu province patent award selection once a year.

Patent awards are divided into the first prize, the second prize and the third prize, and the award ratio is 1: 4: 5, and the total number of winning projects does not exceed 50.

The number of patent inventor awards shall not exceed 15. Tenth Gansu province patent award is recommended by the following units or individuals:

(a) the relevant departments of the provincial people's government;

(two) the department in charge of patent work of the municipal and state people's governments;

(3) Central units stationed in Gansu;

(4) Academician of China Academy of Sciences or Academician of China Academy of Engineering;

(5) Provincial trade associations and societies;

(six) other units with recommended qualifications. Eleventh to declare a patent award, you should fill in the "Gansu Patent Award Declaration (Patent)" and submit the following materials:

(1) If the reporting unit is the unit, provide legal person certification materials; If the applicant is an individual, provide valid identity documents;

(2) Proof that the patent right is valid;

(3) Relevant materials on the economic, social or ecological benefits arising from the implementation of the patented project;

(4) A description of the protective measures taken for the patent;

(5) Samples or photos of the patented product of design. Twelfth to declare the patent inventor award, you should fill in the "Gansu Patent Award Declaration (Inventing Human Beings)" and submit the following materials:

(1) A valid identity document;

(2) A description of the invention-creation activities;

(3) Proof that the patent right is valid;

(four) the patent has achieved remarkable economic, social and ecological benefits, and related materials that have made outstanding contributions to improving the added value of products, promoting technological progress in related fields and promoting industrial transformation and upgrading. Thirteenth provincial departments in charge of patent work shall conduct a preliminary examination of the application materials and submit the qualified materials to the Gansu Provincial Patent Award Evaluation Committee.

Gansu Provincial Patent Award Evaluation Committee conducts comprehensive evaluation in accordance with professional fields and evaluation criteria, and independently puts forward evaluation opinions. Fourteenth people involved in the evaluation of Gansu patent award shall not disclose the evaluation situation, and if they have an interest in the reporting unit or individual, they shall withdraw. Fifteenth Gansu Provincial Patent Award Evaluation Committee according to the evaluation opinions, put forward the list of proposed awards and publicize it to the public, and the publicity period is 15 days.

During the publicity period, if any unit or individual has any objection to the publicity content, it shall submit the real name to the provincial patent administrative department in written form. The provincial administrative department for patent work shall, jointly with relevant departments, handle objections in a timely manner.

After the publicity, the provincial patent administration department will submit the list of proposed awards to the provincial people's government for approval and announce it to the public.