Do I have to pay patent fees to implement national defense patents?
(1) Whoever exploits another person's national defense patent shall pay remuneration to the patentee of the national defense patent. The implementation of national defense patents generated by scientific research activities with national defense research funds or other national defense funds directly invested by the state can only pay the necessary national defense patent implementation fees if it meets the purpose of using the national defense patent production funds; However, unless otherwise agreed in the scientific research contract or scientific research task book. The above-mentioned national defense patent implementation fees refer to the expenses incurred in the process of implementing national defense patents for providing technical information, training personnel and further developing technology. (two) the amount of the implementation fee or the use fee for the designated implementation of the national defense patent shall be determined by the national defense patentee and the implementing unit through consultation; If no agreement can be reached, it shall be decided by the national defense patent agency. (3) The state shall compensate the patentee of national defense. After issuing the national defense patent certificate, the national defense patent institution shall pay the national defense patent compensation fee to the national defense patentee, and the specific amount shall be determined by the national defense patent institution. For a service invention, the national defense patentee shall pay the inventor no less than 50% of the compensation fee. What are the requirements for the implementation of national defense patents (1)? The relevant competent departments of the State Council and China People's Liberation Army may allow their designated units to implement national defense patents in their own systems or departments; Where it is necessary to designate the system or the department outside to implement national defense patents, it shall submit a written application to the national defense patent institution, which shall report to the competent department of national defense science, technology and industry of the State Council and the General Armament Department for approval in accordance with the division of responsibilities stipulated in the regulations. The national defense patent institution shall register the designated national defense patents and publish them in the internal bulletin of national defense patents. (2) The entity that implements the national defense patent of others shall conclude a written implementation contract with the national defense patentee, pay the fees to the national defense patentee in accordance with the regulations, and report to the national defense patent institution for the record. The implementing entity shall not allow any entity other than those stipulated in the contract to exploit the national defense patent. (3) Where a national defense patentee is required to license a foreign unit or individual to exploit its national defense patent, he shall ensure that state secrets will not be leaked and that national defense and army building will not be affected, and submit a written application to the national defense patent institution, which will report it to the competent department of science and technology after preliminary examination. The Ministry of Science, Technology, Industry and General Armament for National Defense shall timely examine and approve according to the division of responsibilities stipulated in the Regulations. The competent department of science, technology and industry for national defense of the State Council and the General Armament Department shall make a decision of approval or disapproval within 30 days from the date when the national defense patent institution accepts the application; If it decides not to approve, it shall notify the applicant in writing and explain the reasons.