Treatment of patent application funds

Method of applying for patent grant: The entity that has been granted a patent right may conclude an agreement with the inventor or designer, or reward or pay remuneration according to law. Rewards and remuneration shall be handled in accordance with the provisions of the relevant state financial and accounting systems.

legal ground

Article 76 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC)

A unit that has been granted a patent right may agree with the inventor or designer or stipulate in its rules and regulations formulated according to law the way and amount of rewards and remuneration stipulated in Article 16 of the Patent Law.

The rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the provisions of the relevant state financial and accounting systems.

Article 77

Where there is no agreement between the entity granted the patent right and the inventor or designer, and the rules and regulations formulated according to law do not stipulate the reward method and amount stipulated in Article 16 of the Patent Law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right. The bonus for an invention patent is at least 3,000 yuan; The minimum bonus for utility model patent or design patent shall not be less than 1000 yuan.

Where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the entity, the entity that has been granted the patent right shall give a bonus from the superior entity.