The relevant administrative departments shall, in accordance with their respective duties, do a good job in patent protection. Article 4 Local people's governments at or above the county level shall strengthen their leadership and support for patent work, promote the implementation and industrialization of patent technology, and promote the development of patent undertakings.
Local people's governments at or above the county level shall increase investment in patent protection funds, raise funds through various channels, and subsidize patent applications and patent technology development and popularization. Article 5 The department or institution in charge of patent work shall strengthen the publicity and popularization of patent knowledge and raise the public's patent awareness; Strengthen the guidance on the patent work of enterprises, universities, scientific research institutions and other units, and assist them to establish and improve the patent management system; Provide services for the society in patent information, patent application, patent technology implementation and patent protection.
Relevant trade associations shall encourage members to apply for and implement patents, support members to safeguard independent patents according to law, and urge members to respect other people's patents.
The departments or institutions in charge of patent work and relevant trade associations shall perform the obligation of confidentiality for inventions and creations before the publication or announcement of patent applications. Article 6 Units and individuals are encouraged to conduct patent search in technology development and import and export of new technologies and new products. Article 7 Under any of the following circumstances, the state-owned possessor of patent assets shall evaluate the patent assets:
(1) Transferring the right to apply for a patent or the patent right;
(2) Using patented assets as capital contribution;
(3) The patent assets need to be priced before modification or termination;
(four) joint ventures or cooperation with other enterprises, economic organizations or individuals to implement patents;
(five) other laws and regulations shall be assessed. Eighth provincial people's government agencies in charge of patent work can hire relevant experts to form a patent technology appraisal advisory committee to provide patent technology appraisal advisory services in accordance with relevant laws and regulations. Article 9 Advertisers who publish advertisements involving patents shall provide valid proof of patent rights.
Advertisers shall examine the valid patent certificates submitted by advertisers, and shall not publish advertisements involving patents if they fail to provide them. Article 10 Organizers of exhibitions, promotion meetings, trade fairs and other exhibitions shall require exhibitors to provide valid certificates such as patent certificates or patent licensing contracts for products or technologies displaying patent marks and patent numbers; If valid certificates cannot be provided, it is forbidden to participate in the exhibition in the name of patented products and patented technologies.
The department or institution in charge of patent work is responsible for the supervision and management of patented products and technologies involved in exhibitions, promotion meetings, trade fairs and other exhibitions. Eleventh to encourage the development of independent, fair and standardized patent agency, patent retrieval, patent assets evaluation and other patent intermediary service institutions.
Patent intermediary service institutions and their staff shall carry out intermediary services independently, objectively and fairly, and shall not issue false search and evaluation reports; Do not engage in business activities by improper means; Shall not harm the interests of the parties and other public; Before the patent application is published or announced, the contents of the client's invention and creation shall not be disclosed.
The department or institution in charge of patent work shall supervise and manage the patent intermediary service institutions in accordance with their duties. Article 12 Patents obtained by inventors and designers of inventions and creations can be used as the basis for evaluating relevant professional and technical titles. Thirteenth, no unit or individual may impersonate another person's patent, impersonate a patent or illegally implement another person's patent; Shall not provide convenient conditions for counterfeiting other people's patents, impersonating patents or illegally implementing other people's patents. Article 14 Where an infringement dispute arises from the exploitation of a patent without the permission of the patentee, it shall be settled by the parties through consultation; If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may request the department or institution in charge of patent work to handle it, or bring a suit in a people's court. Article 15 Where a department or institution in charge of patent affairs is requested to handle a patent infringement dispute, it shall submit a request for handling the patent infringement dispute and relevant evidence, and meet the following conditions:
(1) The claimant is the patentee or interested party;
(2) Having a clear respondent and specific requests, facts and reasons;
(3) Neither party has brought a lawsuit to the people's court;
(4) Being within the jurisdiction of the department or institution in charge of patent work. Article 16 The department or institution in charge of patent affairs shall, within seven days from the date of receiving the request for handling patent infringement disputes, make a decision on accepting those who meet the requirements; Do not meet the conditions will not be accepted, and explain the reasons in writing.
The department or institution in charge of patent work shall serve a copy of the request to the respondent within seven days from the date of acceptance. The respondent shall submit the defense and relevant evidence within fifteen days after receiving the copy of the request. If the respondent fails to submit the defense and relevant evidence, it will not affect the proceeding of the handling procedure.