The relevant competent departments of the people's governments at all levels and the patent administration authorities should strengthen the guidance, supervision, coordination and service of enterprise patent work. Article 4 These Measures shall apply to state-owned enterprises in People's Republic of China (PRC), and other enterprises may refer to them. Chapter II Tasks and Management of Patent Work in Enterprises Article 5 Enterprises may, according to the actual needs of operation and management, independently determine the competent leadership, patent work institutions and centralized management departments, and be equipped with full-time or part-time patent staff. Article 6 The tasks of enterprise patent work are:
First, formulate the planning, planning and management measures for patent work, and incorporate them into the enterprise's technological progress plan;
2. To be responsible for publicizing and training employees on patent law and patent knowledge;
Third, support the invention and creation activities of enterprise employees and provide patent affairs consulting services for employees;
4. Entrusted by the enterprise, handle matters in the process of enterprise patent application, manage the patent rights held by the enterprise, and handle patent disputes and patent litigation;
Five, to participate in the organization and implementation of patented technology and the management of patent licensing trade;
Six, the management and utilization of patent documents and patent information related to enterprises. Study enterprise patent strategy, serve enterprise management decision-making, protect enterprise patent rights, and pay attention to prevent infringement of others' patent rights;
Seven, according to the invention patent inventor or designer's reward and remuneration;
Eight, do a good job in the import and export of technologies and products related to patent work;
9. Raising and managing enterprise patent funds. Chapter III Patent Workers in Enterprises Article 7 Patent workers in enterprises shall meet the following conditions:
First, adhere to the four cardinal principles, persist in reform and opening up, love the patent cause, and have good professional ethics;
Two, institutions of higher learning or secondary specialized schools graduated from science and engineering (or equivalent), with a certain degree of enterprise management or technology management experience and ability;
Three, received the training of patent law and related intellectual property knowledge, master the knowledge of patent agency, document retrieval and patent business;
4. Obtain the certificate of enterprise patent worker. Article 8 Duties of patent workers in enterprises:
First, publicize and popularize the patent law and patent knowledge, actively organize employees' invention and creation activities according to the authorization of enterprise leaders, be responsible for handling patent applications and safeguarding enterprise patent rights;
Second, actively carry out patent licensing trade and the implementation of patented technology;
3. Collect, sort out, master and study patent information, carry out patent literature retrieval and patent strategy research, and serve the technological progress of enterprises;
4. An invention-creation for which a patent is applied shall bear the responsibility of confidentiality, unless it has been published (announced). Article 9 Patent workers in enterprises shall enjoy the following rights:
1. has the right to make suggestions on the technological transformation and technology import plan of enterprises and patent matters related to product import and export;
Two, have the right to suggest, supervise and inspect the inventor or designer who has completed the enterprise service invention patent to cash the bonus and remuneration;
Three, who have made remarkable achievements in enterprise patent work, have the right to receive awards, the results should be used as one of the main basis for appointment or promotion of technical positions;
Four, have the right to priority access to patent business training and learning opportunities;
Five, have the right to accept the enterprise as a legal person entrusted to handle the patent application of the enterprise, and have the right to sign. Chapter IV Enterprise Patent Application Article 10 Inventions and creations made by enterprises in new products, new technology development, new materials, new technology research, technological transformation, digestion and absorption of imported technologies, etc. , should apply for legal protection in time. Article 11 Any invention-creation that applies for a patent shall first apply for a patent, and after the patent application is obtained, the appraisal of scientific and technological achievements, product finalization or product (trial) exhibition shall be organized. Before submitting a patent application, the relevant personnel of the enterprise shall be responsible for keeping the invention and creation confidential. Article 12 An enterprise shall, on the basis of timely analyzing and grasping the current and future market competition situation at home and abroad, make overall arrangements and arrangements for the timing, region and type of patent application, and strive for the initiative in market competition.