Article 1 In order to standardize patent management and protect the legitimate rights and interests of patent holders and the public, in accordance with the Patent Law of the People's Republic of China and the Patent Regulations of Guangdong Province, combined with the actual situation of this city , formulate these regulations. Article 2 When engaging in patent management and related activities within the administrative area of ??this city, these regulations shall apply. Article 3 The Municipal People's Government shall strengthen patent management, popularize patent knowledge, and support patent applications and patent implementation. Article 4 The patent management department of the Municipal People's Government shall be responsible for the patent management within the administrative region of this city and organize the implementation of these Regulations.
Relevant departments such as science and technology, economy and trade, industry and commerce, taxation, public security, customs, culture, quality and technical supervision, radio and television, press and publication, etc., shall coordinate the implementation of these Regulations in accordance with their respective responsibilities. Article 5 Units or individuals conducting research and development within the administrative area of ??this city shall establish research and development project files and record the entire research and development process in detail.
When a patent ownership dispute occurs, the department responsible for managing patent work may require the parties to provide research and development project files. Article 6 If a unit has objections to an individual's non-service invention-creation patent application, it may request the patent administration department to handle the matter. The statute of limitations for requesting handling is two years, starting from the date the unit learns or should have learned of the matter. When an individual applies for a patent, if the name of the invention, patent application documents, patent application date, and patent application number have been registered with the unit, the unit shall be deemed to have been informed of it. Article 7 If an individual has any objection to the unit's service invention-creation patent application, he or she may lodge a complaint with the municipal patent management department. The municipal patent administration department shall file a case for investigation and handling, and keep the identity of the complainant confidential. Article 8 For service inventions and creations completed by personnel studying across units during their studies and further training, the right to apply for patents may be agreed upon in the study and further training contract between the sending unit and the receiving unit; if not agreed upon, the right belongs to the receiving unit. Article 9 Personnel who have terminated their labor relationship with the original unit shall return all relevant technical data, experimental materials, instruments and equipment, products and test records of completed or ongoing service inventions to the unit before leaving the unit. Relevant information shall not be leaked or sold to other units or individuals, and the original unit's service inventions shall not be patented. Article 10 When the relevant government departments sign a research and development project contract with the project undertaker, they shall specify the measures for patent application, patent protection, patent implementation and promotion. Article 11 In the event of any of the following circumstances, the patentee shall provide proof of validity of the patent right to the relevant department:
(1) The application for a municipal science and technology or economic planning project contains patented technology;
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(2) Pledge the patent right;
(3) Request the patent management department or customs to protect the patent right;
(4) Apply for patented products Tax incentives;
(5) Others that need to confirm that the patent right is valid. Article 12 When a patentee or a patent licensee publishes patent advertisements, they shall provide a certificate of validity of the patent rights issued by the patent administration department of the State Council or the department authorized by it to manage patent work.
No unit or individual may design, produce, or publish patent advertisements without providing valid certification documents for patent rights. Article 13 If the following circumstances require approval by relevant government departments, a patent search report shall be provided:
(1) Importing or exporting technology, complete sets of equipment or key equipment;
(2) The imported products and materials have never been sold in the country;
(3) The exported products and materials have never been sold in the importing country;
(4) Applying to be included in research and development projects planned by the government;
(5) Applying for identification, registration or award of scientific research results;
(6) Other needs for patent document retrieval.
After the project listed in item (4) of the preceding paragraph is completed, the project undertaker shall provide the project approval department with a patent search report on the results achieved by the project. Article 14 An entity that is granted a patent right shall, within the validity period of the patent right, provide bonuses and remuneration to the inventor or designer in accordance with national regulations.
Article 15 No unit or individual may leak or sell the contents of patent application documents that have not been published or announced by others. Article 16 To hold a patent information conference or patent product exhibition, the approval document issued by the patent administration department of the State Council or the department authorized by it to manage patent work shall be brought to the industrial and commercial administration department to handle relevant procedures, and shall be reported to the city before the event. Registration with the department that manages patent work. Article 17 If the patentee and the patent licensee mark the patent mark on the patented product, product outer packaging or instructions, they shall also mark the patent number. Article 18: The municipal patent management department is responsible for investigating and punishing acts of counterfeiting others' patents and passing off patents within the administrative area of ??this city, and handling patent disputes within the administrative area of ??this city. Article 19: The municipal patent management department may, based on complaints from right holders, investigate and deal with repeated infringements of the patent rights of others or infringement of the same patent rights by multiple parties, order the infringer to immediately stop the infringement, and impose penalties in accordance with the law.
The act of re-infringing the patent rights of others as mentioned in the preceding paragraph refers to the act of infringing the patent rights of others by an unit or individual that has been handled by the patent management department or ruled by the people's court, and then the patent rights are enforced. The act of infringement; the act of multiple parties infringing the same patent right refers to the act of three or more units or individuals infringing the patent right separately when they know that others own the patent right.