(1) open directory project
1, the basis, conditions and procedures of administrative licensing matters and the basis and standards of administrative fees.
2. Commitments to the society
3, the use of special funds and funds
(2) Public Guide
1, the basis, conditions and procedures of administrative licensing matters and the basis and standards of administrative fees.
In order to standardize the administrative licensing procedures of our bureau and realize the legalization, standardization and openness of administrative licensing, according to the Administrative Licensing Law of People's Republic of China (PRC), the Decision of the Municipal People's Government on Simplifying and Adjusting the Administrative Examination and Approval Items (Zheng Wu [2003] No.85) and the relevant provisions, the following implementation measures are formulated for the administrative licensing items accepted by our bureau.
(1) Administrative license acceptance and decision organ: Wuhan Intellectual Property Office.
(2) Legal basis: Article 15 of Wuhan Patent Management Regulations.
(3) Conditions for administrative licensing:
In any of the following circumstances, the legal status of the patent shall be recognized: the project applying for the municipal science and technology and economic plan contains the patent right; Using patent rights as capital contribution or evaluating patent assets; Requesting the patent administration department or the customs to protect the patent right; The establishment of an enterprise, the introduction of overseas technology or the processing of overseas materials involve patent rights; In the export project of technology or products, the patent right of the importing country or region is involved; The sale of goods involves patent rights or patent applications; Hold exhibitions, exhibitions, promotion meetings and trade fairs of various technologies and products involving patent rights or patent applications; Other legal status that should be recognized.
(4) Materials to be submitted when applying for an administrative license:
An application for determining the legal status of a patent; Need to identify the basic situation of the patent, such as patent number, applicant, patent name, etc.
(5) Administrative licensing procedures
The applicant shall report to the administrative law enforcement department of the Municipal Intellectual Property Office with the application materials; Meet the acceptance conditions, the administrative law enforcement departments will fax the relevant content to China National Intellectual Property Administration; Upon receipt of a copy of the patent register in China National Intellectual Property Administration, a confirmation of the legal status of the patent will be issued to the applicant.
(6) Time limit for administrative license: In general, the administrative license decision shall be made within 10 working days from the date of acceptance.
(7) The result of administrative license: issue the certificate of patent legal status.
(8) charging standard: no charge.
(9) Precautions:
The legal status recognized by this Council is valid until the annual patent fee payable according to law in the next year; The real-time change of patent legal status affects the validity of patent.
2. Commitments to the society
As the functional department of the municipal government in patent management, the Municipal Intellectual Property Office is willing to provide some substantive services for enterprises and institutions in Wuhan, including foreign trade enterprises, in intellectual property management and protection.
(1) patent announcement. In patent publicity and training, we can provide publicity and training materials, send people to enterprises and institutions to give lectures or assist in organizing patent training.
(2) Intellectual property system. In terms of intellectual property system, enterprises and institutions can be guided to formulate relevant intellectual property management systems according to their actual conditions.
(3) patent application. In the aspect of patent application, we can subsidize the patent application, organize experienced patent agents to provide quality services for patent agents in related professions, and apply to the China National Intellectual Property Administration Patent Office to speed up the examination of major invention patents.
(4) In the patent literature. Wuhan under our bureau? China Optics Valley Intellectual Property Information Center can provide all-round services such as patent novelty retrieval, thematic retrieval, establishment of industrial patent database, and training of patent document users. The center was jointly established by China National Intellectual Property Administration and the Municipal People's Government, focusing on photoelectric patent information and taking into account all patent documents in other fields at home and abroad. At present, the second phase of the project has been fully completed. It has become a first-class professional consulting service organization integrating patent retrieval, patent strategy research and various intellectual property services in China, and has benefited a large number of high-tech enterprises such as Wuhan Chutian Laser, Shenlong Automobile, Red Heart K, Jianmin Medicine, Gaode Company and Yintai Technology Company.
(5) Patent strategy. In terms of patent strategy, our bureau and Huazhong University of Science and Technology jointly established the Intellectual Property Strategy Research Institute, which can study and formulate high-level patent strategies for enterprises and institutions, help enterprises make full use of the intellectual property legal system, occupy the commanding heights of market competition, and thus achieve rapid development.
(6) Patent administrative enforcement. In patent law enforcement, our bureau has the quasi-judicial function of dealing with patent disputes, and can sanction patent infringement in time and effectively, and so on. In short, our bureau will give full play to the role of government functions, guide and help enterprises and institutions to carry out intellectual property work, and provide enthusiastic and high-quality services for all units to use the intellectual property system, encourage protection and innovation, and enhance market competitiveness.
3, the use of special funds and funds
In order to give full play to the guiding role of patent grant funds and effectively serve the sustainable development of the patent industry in our city, in line with the guiding ideology of improving the quality of patent application and highlighting the key points, and according to the relevant spirit of the Intellectual Property Offices of China National Intellectual Property Administration and Hubei Province, we hereby notify our bureau of patent application grant work as follows:
(1) Conditions for applying for grant funds
The applicant for funding is a unit or individual within the administrative area of this Municipality (including non-residents who invest in this Municipality and apply for patents in this Municipality); Apply for a patent within this year, and get authorization from China National Intellectual Property Administration in the following years; Submit the originals and photocopies of the following documents for verification: Wuhan Patent Funding Application Form; Patent certificate; Original receipt for paying the patent application fee (issued by China National Intellectual Property Administration Patent Office or Wuhan Agency); Service inventions shall submit the business license of the unit and the identity certificate of the agent, and non-service inventions shall submit the identity certificate of the applicant for funding; If it is entrusted to others, the power of attorney and the client's identity certificate shall be submitted.
(2) Standards and payment methods of subsidy funds.
Appropriation standard:
Service invention: Invented 2000 yuan, utility model 200 yuan, design 200 yuan.
Non-service invention: invention 1000 yuan, utility model 100 yuan, design 100 yuan.
Payment method of funds:
The service invention shall be paid by transfer check after the patent applicant issues a receipt; Non-service inventions are paid in the form of cash or cash checks.
(3) the time, place and object of applying for funding.
Acceptance point of the Municipal Intellectual Property Office:
Processing time: 9th of each month (in case of rest day, it will be postponed to the nearest working day).
Venue: Wuhan Science and Technology Building, Hankou Development Avenue 164 13 Floor Municipal Intellectual Property Planning and Development Office.
Object: All patent applicants except enterprises registered in Donghu New Technology Development Zone and universities and research institutes in Wuchang area.
Municipal intellectual property office Donghu new technology development branch bureau handling Dian
Processing time: once every quarter.
Venue: No.546, Luo Yu Road, Donghu New Technology Development Zone Branch, Municipal Intellectual Property Office (west of 6th floor, Donghu New Technology Development Zone Management Committee).
Object: Enterprises registered in East Lake New Technology Development Zone, universities and research institutes in Wuchang area.
(4) the management of patent grant funds
Units that receive patent grant funds shall strengthen the management of grant funds and use them for special purposes so that they can play an active role in the patent application, implementation, management and protection of their own units. All relevant units shall report the use of patent grant funds and the development of patent management to this Council in written form before June 65438+ 10/5 of the following year. The Bureau will make a comprehensive evaluation according to the patent application, implementation, management and protection of each unit, and determine the arrangement of patent funding for the next year according to the evaluation.