Chapter I General Provisions Article 1 In order to promote the technological progress of building materials industry, strengthen the role of patent management in scientific research, and improve the scientific degree of scientific and technological decision-making, these provisions are formulated in accordance with the Patent Law of People's Republic of China (PRC) and relevant regulations, combined with the actual situation of scientific research in building materials industry. Article 2 The Science and Technology Development Department of State Building Materials Industry Bureau (hereinafter referred to as "State Building Materials Bureau") is responsible for organizing the implementation of these Provisions. Article 3 The scientific research and design units directly under the State Building Materials Bureau and the scientific research management institutions affiliated to colleges and universities, as the functional departments of patent management of their own units, are responsible for patent management, and accept the guidance of the Science and Technology Development Department of the State Building Materials Bureau in business. Chapter II Contents of Patent Work in Scientific Research Management Article 4 In the process of demonstrating the novelty, creativity and practicability of various major scientific research projects applied by the state and departments, the technical status quo, indicators and corresponding international standards in this field at home and abroad should be analyzed, and the novelty of core technologies should be mainly searched. The declared scientific research project must be accompanied by a novelty retrieval report in addition to the materials submitted according to the corresponding plan management regulations. Where there is a relevant patent, a copy of the specification and the patent claim must be submitted at the same time. Article 5 For the results of application for appraisal, a novelty retrieval report and detailed comparison materials with domestic existing similar technologies shall be submitted, which involve the core content of the technology to be appraised. Article 6 In the examination and certification of technology import projects, patent examination must be conducted on the patented technology involved in the imported technology, so as to provide a basis for accurately identifying the patentee, obligee, patent validity period, protected area, technical secrets and other issues. Submit the current situation of domestic similar technology or materials digested and absorbed. Article 7 The export technology must be searched and examined for novelty patents in the international scope. If there is any content related to other people's patents, it is necessary to organize a review of the relevant legal conditions such as the country where the patent has been applied, the protected area, the limitation period, etc., provide a report on the status quo of similar technologies, and explain the property rights and export nature of the technologies to be exported. In the process of technology export, special attention should be paid to investigating the relevant legal situation of the technology receiving country or region. Article 8 The patent retrieval and novelty retrieval materials mentioned in Articles 4, 5, 6 and 7 of these Provisions shall be based on the reports issued by legal patent agencies or information retrieval agencies. Chapter III Daily Patent Management of Scientific Research Institutions Article 9 The scientific research and design units and universities directly under the State Building Materials Bureau should strengthen their understanding of the importance of carrying out patent management, add a main leader in the scientific research department and department (room) of their own units to be responsible for patent management services, and designate a special person to be responsible for specific business work (no separate establishment). Tenth national building materials bureau directly under the scientific research and design units and universities patent management business is:
(a) to formulate plans and plans for patent work;
(2) Organizing publicity and education on patent law and patent knowledge for scientific researchers;
(3) Organizing and handling patent applications;
(four) to assist in organizing the implementation of patented technology and participate in the negotiation and signing of patent licensing trade;
(five) to manage the patents owned by the entity and handle the maintenance, extension and termination of the patents;
(six) tracking the domestic and foreign patent applications and market trends related to the business of the unit, paying attention to protecting the patent rights of the unit and preventing infringement of the patent rights of others;
(seven) to participate in the mediation of disputes over patents and achievements within the unit, and to assist the legal representative of the unit in handling related patent litigation affairs;
(eight) to handle the identification of non-service inventions of the unit according to law, and to handle relevant patent applications;
(nine) to be responsible for the patent work in the import and export of technology or products of this unit;
(ten) the management and application of patent information related to the unit;
(eleven) regularly report to the superior business management department on the development of patent work.
(twelve) to be a good staff member in scientific research management decision-making and participating in project management. Eleventh scientific research and design units and universities directly under the State Building Materials Bureau should attach importance to the role of patent documents. According to the business development direction of the unit, in the process of scientific research project, technology development, technology trade and technical cooperation and exchange, we should make full use of the technology and product information provided by patent documents, broaden our horizons, make scientific research decisions more scientific, and safeguard our legitimate rights and interests in a timely and effective manner. Twelfth scientific research and design units and universities directly under the State Building Materials Bureau should report their scientific research projects, achievements, patent applications, patents or achievements to the Science and Technology Development Department of the State Building Materials Bureau before July 10 and the following year 1 0. Chapter IV Supplementary Provisions Article 13 The competent building materials departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning may, with reference to these Provisions, give guidance to the patent business management of scientific research units and key enterprises under their jurisdiction within the scope of scientific research management, and report the business development to the Science and Technology Development Department of the State Building Materials Bureau before the end of1February each year. Fourteenth these Provisions shall be interpreted by the Science and Technology Development Department of the State Building Materials Bureau. Fifteenth the provisions shall come into force as of the date of promulgation.