General rule
Article 1 This system is formulated in order to standardize the company's patent work, give full play to the important role of the patent system in the company's development, promote the company's technological innovation and the construction of the independent intellectual property system, and promote the management, protection and application of the company's intellectual property rights.
Article 2 The task of the company's patent work is to fully rely on and use the patent system, so that the patent mechanism can become the main power mechanism and guarantee mechanism to promote the company's technological innovation, encourage and mobilize the enthusiasm of the company's employees for invention and creation, and serve the whole process of the company's technological innovation and production and operation.
Article 3 The product marketing department, the patent management department and the president of * * * are responsible for the macro guidance and coordination of the company's patent work. The company's patent status index and patent management level are important basis for evaluating the company's management level and technological innovation performance.
Manage organizations and personnel
Article 4 At the initial stage of the company's patent system construction, the Patent Management Department shall be responsible for the construction of patent-related systems such as patent management, which shall be implemented after the approval of the President.
Article 5 The patent administrative department shall designate a special person to manage the company's patent application documents, and the patent administrative personnel shall sign the Enterprise Technical Confidentiality Agreement with the company.
Article 6 The patent administrator shall make the patent work plan for this year at the beginning of each year and report it to the patent administration department for the record.
Article 7 The product marketing department is responsible for the publicity and training lectures on patent work within the company, with the assistance of the patent management department.
Article 8 The president's office is responsible for applying for government-funded funds and preferential policies for all kinds of patents, and the patent administration department shall provide assistance.
Institutional functions and responsibilities
Article 9 Under the intellectual property policy, the Patent Management Department takes serving XX Company as its essence, project research and development as its purpose, market demand as its guidance, and under the guidance of the company's business strategy, carries out various patent value-added services and related project management.
Article 10 Main functions include: R&D and project innovation; Declaration of patent projects; Apply for government patent authorization; Comprehensive evaluation and appraisal of patent assets; Communication with patent offices and professional organizations; Rights protection of other patented technologies in this department; Organize the development of patented technologies and products, and implement patent applications in this system; The establishment of patent library and the formation and establishment of various patent project business systems; Authorization of patented technology projects and consultation, acceptance and business contact of business cooperation; Feasibility study, project establishment, declaration, business model composition and first draft of business plan of new patent project; The preliminary preparation and comprehensive evaluation of establishing a new commercial profit company in the core project of convertible patents; Pre-packaging and project promotion necessary for the capital and commercialization of new patent projects.
Management work specification
[patent application]
Article 11 Patent applications submitted by employees shall be reviewed by the Product Marketing Department and the Patent Management Department.
Article 12 Whether to apply for a patent for an invention-creation shall be reported to the company's decision-making body for approval by the Patent Management Department through comparative literature retrieval, investigation, analysis and evaluation.
Article 13 No individual or department may engage in scientific and technological evaluation, evaluation, reward, product display and sales before applying for a patent, which may lead to the loss of novelty in the disclosure of inventions and creations.
Article 14 After the application decision is made, the relevant personnel or departments shall prepare the technical materials for the patent application, and the patent administration department shall uniformly handle the patent application.
Article 15 The Patent Management Department is responsible for communicating patent technical documents with patent agents, with the product marketing department as the core, and working together with the Patent Management Department, * * * is responsible for business cooperation and negotiation.
Article 16 The submitted invention patent has been reviewed by the Product Marketing Department, the Patent Management Department and the President's Technology Innovation Department. After repeated inquiries, the patent management department submits it to the president's office leader for signature, and then submits a patent application.
Patent maintenance
Article 17 During the maintenance period of each patent of the company, the "Patent Management Department" shall contact the China National Intellectual Property Administration Patent Office, handle all patent-related procedures, and keep the contact materials and vouchers with the Patent Office.
[Patent waiver]
Article 18 The "patent management department" may apply to the company's decision-making body to give up the patent if it thinks that the company's patented products have lost their maintenance value. The application for patent waiver shall be signed and confirmed by the person in charge of the decision-making body before the patent waiver can be handled according to the prescribed procedures.
[Patent Licensing and Transfer]
Article 19 Where a company licenses or transfers another person to exploit a patent, or if a company exploits another person's patent, it shall sign a written patent license or transfer contract. The fees and related conditions for patent licensing or transfer shall be determined through consultation between the product market and the patent administration department, submitted to the President for approval, registered and announced with the patent administration department of the State Council in time, and reported to the local patent administration department for the record in time.
[patent protection]
Twentieth companies and their employees should always pay attention to the protection of the company's patent rights and safeguard the legitimate rights and interests of the company.
Article 21 If any infringement is discovered, it shall be reported to the "Patent Management Department" of the company or the company leaders in time, and the investigation and evidence collection shall be done well. When necessary, it may request the administrative department for patent affairs to mediate or bring a lawsuit to the people's court.
Article 22 We should consciously abide by the Patent Law and its relevant provisions, and shall not infringe upon the patent rights of others. For another person's patent that does not meet the conditions for granting a patent right stipulated in the Patent Law, he may file a request for invalidation of the patent right with the Patent Reexamination Board of the State Intellectual Property Office.
Management and Utilization of Patent Information
Article 23 Patent administrators are responsible for the daily collection of patent information: ① laws, regulations and rules related to patents promulgated by the state; (2) Patent documents related to the company's products and technologies;
Article 24 Patent managers are responsible for the daily preservation of patent information: ① various patent management regulations within the company; ② Work records and related documents in the process of research and development; (3) Technical contract documents, including technology development, technology transfer, technical consultation, technical service and project contracting agreement, etc. ; (4) Reports, reports and materials made public at academic or technical conferences, news media and exhibitions; ⑤ Articles of association and correspondence of participating societies, associations and organizations.
Article 25 Before the establishment of the company's patent information database, patent documents should be searched, and necessary follow-up searches should be conducted during and after the research and development. The company's R&D projects should have a patent search report at the time of appraisal and acceptance.
Article 26 For major R&D projects of new technologies and new products of the company, or technological innovations with great market prospects for which the company needs to apply for foreign patents, it is necessary to conduct research on the project patent strategy and submit a patent strategy analysis report.
Article 27 The Patent Management Department is responsible for studying the government's special patent fund allocation and preferential policies, actively creating conditions, and assisting the president to handle them after being approved by the company's president.
Definition and reward of patent
Article 28 An invention-creation that completes the task of the entity or mainly utilizes the material and technical conditions of the entity is a service invention-creation, and the right to apply for a patent belongs to the entity. The following four situations belong to service invention-creation:
(a) to complete their own inventions;
(2) Inventions and creations made by completing tasks in the posts delivered by the company;
(3) Inventions and creations made within 65,438+0 years after resignation, retirement or job transfer related to one's own job or tasks assigned by the company belong to the company;
(4) When employees leave their jobs due to reasons such as transferring from the company or retiring, they shall not take away the patented technical data of the company, and shall not apply for individual patents for inventions and creations that the company should apply for within one year.
Article 29. Where the company has a contract with the inventor or designer for the right to apply for a patent and the ownership of the patent right, the agreement shall prevail.
Article 30 Inventions and creations made by employees in their spare time without using the company's material and technical conditions (including funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public) are regarded as non-service inventions and creations, and the right to apply for patents belongs to the inventor or designer.
Article 31 Where an applicant applies for a patent for service invention, the company shall reward the inventor in accordance with the relevant provisions of the Patent Law, encourage employees to innovate and actively apply for a patent. The incentives are as follows:
(1) patent grading award: invention patent, utility model patent and design patent, and the company only applies for invention patent award; There is no application award for utility model and design patent. The patent level shall be subject to the application type recognized by the Patent Office at the time of patent application.
(2) The patent application bonus comes from the patent application subsidy fund of Heze Municipal Government. Within one month from the date of receiving the Notice of Acceptance of Patent Application (which will be paid together with the salary of the current month after the Finance Department receives the Notice of Acceptance of Patent for the record), the company will give the inventor a one-time cash reward of 1 000 yuan for each invention patent and a one-time cash reward of 500 yuan for the utility model patent.
(3) The government subsidy for each invention patent and utility model patent will be used as the company's income to enter the company's patent award fund.
(4) After the patent acceptance notice is issued, if the enterprise invests in patent research and development or starts the market-oriented operation of patent projects, the patent management department will apply to the government for "special funds for patent implementation" after the patent is authorized. After applying for patent implementation funds, the company will reward the patent management department with 2% of the total amount of "special funds for patent start-up".
(5) The inventor of this provision refers to the inventor of the invention scheme confirmed in the company's internal patent application form.
(6) If the inventor leaves the company, he shall not provide the patent he intends to apply for in the company to other units or individuals for application. After the inventor leaves his post, he can also provide his invention achievements to the company to apply for a patent, but the inventor's signature in the patent application is designated by the company, and the company can reward him according to the standard. For the patent application submitted by the inventor before his resignation, eligible companies will pay bonuses according to the standard.
Responsibility and punishment
Article 32 If an employee applies for a patent for a service invention-creation as a non-service invention-creation, or commits other acts that seriously violate the provisions of this system and damage the company's rights and interests, thus causing serious losses to the company, the company will take measures to investigate its legal responsibilities according to law.
Article 33 Where the patent management personnel of the company neglect their duties, perform their duties incorrectly or disclose secrets, thus causing losses to the company, they shall bear corresponding responsibilities in accordance with relevant laws, regulations and policies.
supplementary terms
Article 34 This system shall be interpreted by XXX Co., Ltd., Heze City, Shandong Province.
Article 35 This system shall be implemented as of the date of promulgation.
Finance (signature): President (signature):
I hope the above information is helpful to you!