The patent administrative department of the county people's government shall, in accordance with the provisions of these regulations, carry out relevant patent work under the guidance of the Municipal Intellectual Property Office. Other relevant administrative departments shall, in accordance with their respective duties, do a good job in patent protection. Article 5 Relevant trade associations shall encourage members to apply for and implement patents, urge members to respect other people's patents, support members to safeguard independent patents, and provide patent consulting services for members. Article 6 Any unit or individual has the right to report patent violations to the patent administration department or other relevant departments. Chapter II Patent Management Article 7 The Municipal Intellectual Property Office, the patent management department of the district (county) people's government (hereinafter referred to as the patent management department) and other relevant administrative departments shall guide enterprises and institutions to carry out patent protection and establish and improve the patent management system. Article 8 Units and individuals are encouraged to apply for patents at home and abroad in time for inventions and creations that meet the requirements for patent application. Article 9 Enterprises, institutions and individuals are encouraged to conduct patent search by themselves or by entrusting an intermediary agency engaged in patent services when engaging in technology development, import and export trade or setting up enterprises at patent prices.
Under any of the following circumstances involving patented technology, the applicant or the applicant shall submit a patent search report to the relevant administrative department; If the applicant or the applicant fails to submit it, the relevant administrative department shall not establish, identify or reward the project:
(a) to apply for government-funded research and development or technological transformation projects;
(two) to declare the city's high-tech achievements transformation project;
(three) the project to declare the Municipal Science and Technology Progress Award. Article 10 The right to apply for a patent for a service invention-creation belongs to the entity; After the application is approved, the entity shall be the patentee.
A unit that has been granted a patent right shall, in accordance with the provisions of laws and regulations, reward the inventor or designer of a service invention-creation; Anyone who exploits a patent by himself or licenses others to exploit a patent shall pay remuneration to the inventor or designer of a service invention-creation in accordance with the provisions of laws and regulations; Where the patent right is transferred, the remuneration of the inventor or designer of the service invention-creation shall be paid with reference to the provisions on licensing others to exploit the patent.
Awards or remuneration may be paid in cash, shares, equity gains or other forms agreed by the parties, and the quantity, time and method of payment shall be agreed by the parties. The reward or remuneration shall not be lower than the minimum standards stipulated by laws and regulations. Article 11 Intermediaries engaged in patent services such as patent agency, patent retrieval, patent evaluation and patent licensing trade shall have corresponding qualifications, and can only engage in patent intermediary services after going through the registration formalities according to law. The registration institution shall send a copy of the registration information to the Municipal Intellectual Property Office. The Municipal Intellectual Property Office shall strengthen the guidance and supervision of the intermediary institutions engaged in patent services.
Intermediaries engaged in patent services and their staff shall abide by the provisions of laws and regulations, carry out intermediary services independently, objectively and fairly, and shall not issue false reports, collude with the parties to seek illegitimate interests, or damage the legitimate rights and interests of the patentee and other parties or social public interests. Article 12 Organizers of exhibitions, exhibitions, promotion meetings, trade fairs and other exhibitions may examine their patent certificates or patent licensing contracts for products or technologies marked with patents. For those who cannot provide patent certificates or patent licensing contracts, the organizer may refuse to participate in the exhibition in the name of patented products and patented technologies.
The organizer of the exhibition has the right to report to the patent administration department if he finds that there are acts of counterfeiting other people's patents or impersonating patents. Thirteenth patent management departments should strengthen the construction of patent information network, and provide patent protection information services and other related patent information services for the society. Article 14 The Municipal Intellectual Property Office and relevant departments shall strengthen the training of patent management and patent service personnel. Chapter III Administrative Handling and Mediation of Patent Disputes Article 15 No unit or individual may illegally exploit another person's patent or provide convenience for the production and operation of illegally exploiting another person's patent. Article 16 Where an infringement dispute arises from the exploitation of a patent without the permission of the patentee, the patentee or interested party may, in accordance with the provisions of laws and regulations, bring a civil lawsuit to the people's court or request the Municipal Intellectual Property Office to handle it.
If a party requests the Municipal Intellectual Property Office to handle it, the Municipal Intellectual Property Office shall accept it according to law.