The people's governments at or above the county level shall commend and reward the patent projects that have produced remarkable benefits. Chapter II Creation and Application of Patents Article 8 Units and individuals are encouraged to make inventions and apply for patents at home and abroad. The people's governments at or above the county level shall formulate incentives and safeguard measures to encourage and support units and individuals to carry out technological innovation to form patents, and use patents in various forms such as patent right, pledge, transformation and license to realize the commercialization and industrialization of patented technology.
The people's governments at or above the county level shall give key support to major inventions and applications involving the development of key industries, ecological environment protection and personal and property safety. Article 9 The people's governments at or above the county level shall set up special funds for inventions, patent applications, patent awards, patent applications and industrialization guidance, patent protection and services, and the training and introduction of patent talents. Tenth relevant departments of the people's governments at or above the county level shall strengthen the patent management of financial support projects; Where a scientific research project may produce a patent, the competent department of the project shall reach an agreement with the project undertaker on the research and development objectives and acceptance criteria of the patent achievements. Eleventh encourage and support enterprises and institutions to establish and improve the patent management system, formulate patent development strategies, and strengthen scientific and technological research and innovation capacity building.
Encourage and support enterprises and institutions to collect, analyze and utilize information about domestic and international patent status, development trend and competition situation, carry out patent layout, patent reserve, patent navigation and patent early warning, and promote patent integrated operation.
The relevant departments of the people's governments at or above the county level shall guide and help small and medium-sized enterprises and start-up enterprises to establish and improve the patent management system, provide offices and production sites, financing, information and technical consulting services for small and medium-sized enterprises and start-up enterprises with patented technology, and improve the ability of patent creation and application. Article 12 The research and development fees, patent application fees and patent agency fees of enterprises and institutions shall be added and deducted when calculating the taxable income of enterprise income tax in accordance with laws, regulations and relevant provisions of the state.
In the process of scientific research and development, technological transformation and high-tech industrialization supported by financial funds, the expenses related to the formation and implementation of patents can be charged in the project funds. Article 13 The entity that has been granted the patent right shall reward and reward the inventor or designer in accordance with the agreement or relevant regulations, and shall not cancel or restrict the inventor or designer's right to receive rewards and remuneration according to law under unreasonable conditions.
The expenses paid by state-owned enterprises and institutions to the inventor or designer of service invention-creation are included in the total wages of the unit in the current year, but they are not limited by the total wages of the unit in the current year and are not included in the total wage base of the unit. Fourteenth to encourage institutions of higher learning and scientific research institutions to establish patent incentive mechanism. Institutions of higher learning and scientific research institutions may agree on the ownership of patents with inventors or designers according to law, and * * * has the same patent application and becomes a patent right.
Where a service invention-creation of an institution of higher learning or scientific research is granted a patent, but it is not implemented by itself or without the permission of others, the inventor or designer may implement it in agreement with the unit and enjoy the corresponding rights and interests in accordance with the agreement. Article 15 Where an enterprise or institution transfers the patent it owns or licenses others to exploit it, under the same conditions, the inventor or designer may give priority to accepting the patent or obtaining the license, except as otherwise provided by laws and regulations. Sixteenth to encourage enterprises and institutions to establish internal patent talent performance evaluation and incentive mechanism. The creation and application of patents can be used as an important evaluation index for performance appraisal, professional title evaluation and job promotion.
The main inventor or designer who won the China Patent Gold Award can make an exception to declare relevant technical titles and various talent plans; Won the China Patent Excellence Award, Hubei Patent Award, you can give priority to recommend the declaration of relevant technical titles.