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.
Explain that this article is about the patent management system.
1. In accordance with the provisions of the first paragraph of this article, the patent administration department of the State Council is responsible for the management of patent work throughout the country. The "the State Council Patent Administration Department" mentioned here refers to the China National Intellectual Property Administration established according to the existing institutions in the State Council. According to the provisions of this Law and China National Intellectual Property Administration's "Sanding Plan" approved by the State Council, the responsibilities of the patent administration department in the State Council in managing national patent work mainly include: studying and drafting draft patent laws and regulations, and formulating patent management regulations; Accepting and examining patent applications in a unified way (entrusting the specific work to the Chinese Patent Office to which it belongs), and granting patent rights to those who meet the conditions for granting patents stipulated in this Law according to law; Set up a patent reexamination board to accept the reexamination requests of the parties on patent affairs according to law; According to the request of the parties concerned, handle and guide the local patent administration departments to handle patent infringement disputes, and investigate and deal with acts of counterfeiting other people's patents and impersonating patents according to law; Responsible for international cooperation in patent work; Organizing the formulation of the national patent work development plan and the patent information network plan; Organize and promote the publicity and popularization of patent legal knowledge.
Two, according to the provisions of the second paragraph of this article, the departments in charge of patent work of the people's governments of provinces, autonomous regions and municipalities directly under the central government are responsible for patent management within their respective administrative areas. The "department in charge of patent work" of the provincial government mentioned here can be a specific department in charge of patent work established by the government at the corresponding level, such as the Patent Office or the Intellectual Property Office (bureau), or other departments in charge of patent work determined by the government at the corresponding level, such as the Science and Technology Commission. Specifically, which department is the department in charge of patent work for the government at the corresponding level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the Organic Law of People's Republic of China (PRC) Local People's Congresses and Local People's Governments at Various Levels. According to the provisions of this law, the responsibilities of provincial governments in managing patent work within their respective administrative areas are mainly: at the request of the parties concerned, handling patent infringement disputes according to law, and investigating and dealing with acts of counterfeiting other people's patents and impersonating patents according to law; Other duties entrusted by the patent administrative department of the State Council and the people's government at the same level.
Three, this article only stipulates the responsibilities of the patent administrative department of the State Council and the patent administrative department of the provincial people's government. In the process of legislation, there is a view that it is not enough to stipulate the administrative management of patent work only in the State Council and provincial governments, but it should be stipulated that governments below the provincial level can also set up patent management departments to manage patent work in their own regions. After research, the legislature believes that the patent system has the characteristics of national unity, involving a wide and complex technical field, and the authority of patent management should be properly concentrated, so it is not appropriate to set up patent management departments at different levels. At present, the acceptance, examination, approval and reexamination of patent applications are under the unified responsibility of the patent administration department of the State Council, which is also an international common practice. As for the investigation and handling of patent infringement disputes, not all city and county governments can accurately grasp and handle them, because some involve complex technical problems and confirmation procedures. In the patent law, it is appropriate to stipulate only the management responsibilities of the patent administrative department of the State Council and the patent administrative department of the provincial people's government. At the same time, considering the actual situation of some cities with heavy workload in patent management, the Law Committee of the National People's Congress put forward in its report on the deliberation results of the draft patent law that "the handling of patent infringement disputes and administrative penalties for counterfeiting and shoddy can also be implemented by some cities with heavy workload in patent management and strong practical handling capacity", and accordingly revised the provisions in the draft on handling patent infringement disputes and punishing administrative departments for counterfeiting and shoddy. The establishment of patent management departments by the people's governments of these key cities can be determined by the relevant local governments according to the provisions of the Organic Law of People's Republic of China (PRC) Local People's Congresses and Local People's Governments at Various Levels. The reduction or merger of the working departments of the people's governments of cities and counties shall be reported to the people's government at the next higher level for approval and reported to the Standing Committee of the people's congress at the same level for the record, and there is no need to make any further provisions in the patent law.