Measures for the Administration of Patents of the Ministry of Electric Power Industry (for Trial Implementation)

Article 1 In order to strengthen the patent management of the Ministry of Electric Power Industry, encourage and protect inventions, and promote the progress of electric power science and technology, these administrative measures are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and the relevant provisions of the China Patent Office, and in combination with the specific conditions of the electric power system. Article 2 The patent management of the Ministry of Electric Power Industry shall be centralized by the Science and Technology Department, and a patent management office shall be established. The Patent Management Office has the following dual functions of patent management and patent law enforcement:

1. Publicize and popularize patent knowledge and organize the training of patent workers;

2. Drafting the planning, plans and related management measures for the patent work of the Ministry of Electric Power Industry;

3. Organize and coordinate the patent work of the department system; Organize the establishment and management of the system patent work network and station of the Ministry, and manage the subordinate patent offices;

4. Patent work in licensing trade and technology import and export of the management department;

5. Put forward opinions on the implementation of major patented technologies;

6. The system of mediation department for patent disputes;

7. Complete relevant business work required by China Patent Office. Article 3 Science and technology management institutions at all levels shall do the following patent management work:

1. Organize patent publicity of this department or unit;

2. To formulate the patent work plans and plans of the department or unit;

3. Organize and coordinate the patent work of the department or unit;

4. Organize and coordinate the patent work in licensing trade and technology import and export of this department or unit;

5. Assist the superior scientific and technological management institutions to mediate the patent disputes of their own departments or units;

6. Complete the related patent tasks assigned by the superior science and technology management institutions. Article 4 OFTA science and technology management institutions, provincial (autonomous region) electric power bureaus, universities directly under the central government, scientific research institutions, water conservancy and hydropower institutes, electric machinery bureaus, China Water Conservancy and Hydropower Engineering Corporation, Armed Police Hydropower Command and the centralized management unit of the Ministry submit the patent work situation of the previous year and the patent work plan of this year to the Science and Technology Department of the Ministry every year 1 month, and register the patent application, authorization and implementation of this department or unit in detail (see table 6544 for the format). Article 5 According to the needs of work, power patent work networks and workstations can be set up in different regions to serve as patent consulting services and patent information exchange centers for power systems in various regions. The science and technology management institutions of the corresponding subordinate units are responsible for the business of each network and station, and accept the guidance of the Science and Technology Department of the Ministry of Education. Article 6 The Ministry shall set up a number of patent offices, whose main duties are to undertake patent agency, patent technology transfer, patent consulting services and patent literature services for enterprises, institutions and individuals in the power system, and to undertake patent services to the society. Article 7 A patent office shall submit the patent work of the previous year and the patent work plan of this year to the Science and Technology Department of the Ministry every year 1 month. Where the inventor or designer applying for a patent in the Patent Office belongs to the Ministry system or its invention content can directly serve the power system, the Patent Office shall send a copy of the "request" in the application documents to the science and technology department of this newspaper for the record. Article 8 All units shall support employees' inventions and creations, and timely organize applications for patents for novel, creative and practical service inventions and creations. Non-service inventions and creations completed by individuals shall be encouraged and supported by their units. Article 9. The patent application may be handled by the Ministry Patent Office or the local patent office entrusted by the applicant, or the applicant may directly file an application with the Chinese Patent Office. Article 10 When applying for a patent for an invention-creation involving national security or vital interests, an application for a confidential patent shall be made in accordance with the administrative subordination and after examination by the superior competent unit or department. Article 11 Where it is necessary to apply for a patent for a service invention-creation completed in China, an application shall be filed with the Chinese Patent Office first, and then submitted to the Science and Technology Department of the Ministry for examination, and the applicant shall entrust a foreign-related agency to handle it. Twelfth units to transfer the right to apply for a patent and patent rights abroad, must be approved by the Ministry of science and technology department. The transfer of the application right or patent right in China shall be approved by the science and technology management institution of the superior competent unit or department according to the administrative affiliation, and reported to the Science and Technology Department of the Ministry for the record. Article 13. When applying for a patent for a service invention-creation, the entity shall actively organize the implementation or license others to implement it, so as to obtain the best economic benefits. For non-service inventions and creations with great economic benefits, social benefits and social benefits, I have difficulty in implementing them, and my unit has the conditions to assist in the implementation after consultation. Units assist individuals to implement patents, and units can extract certain expenses from the economic benefits obtained. Article 14 All OFTA, electric power bureaus directly under the provinces (autonomous regions), universities directly under the central government, scientific research institutions, water conservancy institutes, electric power research institutes, electric power machinery bureaus, China Water Conservancy and Hydropower Engineering Corporation, Armed Police Hydropower Headquarters and centralized management units shall, within three months after the contract comes into effect, report a copy of the patent licensing contract signed by the department or unit and the licensee to the Science and Technology Department for the record. Article 15 An inventor of a service invention-creation shall be rewarded and remunerated by his unit in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and other relevant provisions. Sixteenth management measures by the Ministry of science and technology department is responsible for the interpretation of. Seventeenth the management measures shall be implemented as of the date of promulgation.