Measures for the administration of patent grant funds shall be formulated separately by the Municipal People's Government. Article 6 The Patent Protection Appraisal Committee established in the city is entrusted by the municipal patent administrative department, the people's court and the arbitration commission or at the request of the parties concerned to conduct appraisal work related to the scope of patent protection. Article 7 The department in charge of patent work shall strengthen the guidance on patent work of enterprises and institutions, and assist enterprises and institutions in establishing patent management systems. Article 8 Enterprises and institutions shall keep track of patent information in research and development, technological transformation and technology import and export, establish research and development files related to patents, and apply for patents for inventions and creations suitable for patent application in time according to law. Article 9 Under any of the following circumstances, the parties concerned shall, on the principle of equality and voluntariness, reach an agreement on matters such as the right to apply for a patent, the patent application fee, the annual patent fee and the distribution of benefits:
(a) making use of the material and technical conditions of the unit to make inventions;
(two) individuals engaged in invention and creation part-time;
(3) cooperating or entrusting others to complete the invention and creation;
(four) making inventions during the study in other units;
(five) to sign other scientific and technological research and development contracts. Article 10 Units shall encourage and support employees to make inventions and apply for patents, and respect employees' post inventions and creations. Article 11 Before retiring or terminating the labor relationship with the original unit, the person who undertakes the invention-creation by taking up his post shall return all the technical materials related to the patent application to the original unit. Article 12 The entity that has been granted the patent right shall reward the inventor or designer within three months from the date of being granted the patent right.
Within the validity period of the patent right, the entity granted the patent right shall extract not less than 5% from the profits obtained from the exploitation of the invention patent or utility model patent or not less than 2% from the profits obtained from the exploitation of the design patent as remuneration, and pay it to the inventor or designer, or pay it to the inventor or designer in a lump sum with reference to the above ratio, or agree on the remuneration ratio with the inventor or designer.
Where a unit that has been granted a patent right transfers or licenses others to exploit its patent, it shall, within three months after receiving the transfer fee or license fee, extract not less than 30% of the after-tax fee as remuneration and pay it to the inventor or designer. Article 13 The patentee may invest his patent right at a fixed price, and the proportion of the patent right's fixed investment in the registered capital shall be agreed by the partners within the scope prescribed by the state.
Where a patent right is used as a capital contribution, an asset appraisal shall be conducted. Where state-owned assets are involved, the appraisal results shall be reported to the competent department of state-owned assets for the record.
Where a patent right is used as a share, the patentee shall withdraw not less than 30% of the share income and pay it to the service inventor or designer. Fourteenth for research and development projects included in the government plan or government investment, the project undertaker shall submit a patent search report in the technical field involved to the project management department after applying for project establishment, achieving phased results and completing the project.
Units involved in the import and export of technology or products shall issue a patent search report to the competent department of the project.
The patent search report shall be issued by the patent administration department at or above the municipal level and the patent service institution legally recognized by the administrative department of science and technology. Article 15 Where the patentee or patent exploitation licensee indicates the patent mark on its product, product package or product description, it shall also indicate the patent category and patent number.
The patentee or the patentee may use the patent anti-counterfeiting mark supervised by the municipal patent administration department. Article 16 Contracts, contracts for the transfer of patent application rights, contracts for the transfer of patent rights, contracts for the pledge of patent rights and contracts for the licensing of patent exploitation signed or performed in this Municipality shall be filed with the municipal patent administration department within 30 days from the date of conclusion of the contracts. Seventeenth departments in charge of patent work should strengthen the management of patent information, standardize patent information services, speed up the dissemination, development and utilization of patent information, and promote the implementation of patents.