Patent application acceptance department

Legal analysis: 1, China National Intellectual Property Administration: managing patent work in China (including foreign-related matters of intellectual property rights; There is no administrative law enforcement power to directly handle and mediate patent disputes; It has the function of guiding the formulation and implementation of local laws and regulations and designating jurisdiction); Accept and examine patent applications in a unified way and grant patent rights according to law (local intellectual property offices have no function of examining and granting patent rights)

2. Establishment of local patent administration departments: provincial people's governments (intellectual property offices of provinces and autonomous regions; Municipal Intellectual Property Office); People's governments at or above the prefecture level (Intellectual Property Offices of the capitals of all provinces and autonomous regions; Intellectual property offices of cities under separate state planning; Prefecture (state) Intellectual Property Office; Intellectual property offices of municipalities directly under the Central Government; Intellectual Property Office of Xinjiang Construction Corps)

3, the functions of the local patent management department:

(1) Processing function: judge whether the patent infringement is established; Investigate and deal with patent counterfeiting.

(2) Mediation function: the amount of compensation for patent infringement; Disputes over patent application right and patent ownership; Disputes over the qualifications of inventors and designers; Disputes over rewards and remuneration of inventors and designers of service inventions; Disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of a patent right; Other patent disputes.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

Article 4 Where an invention-creation applying for a patent involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.