Zhenjiang Enterprises and Institutions Patent Work Management System (Template)
Chapter I General Principles
Article 1 This system is formulated in accordance with the Patent Law of People's Republic of China (PRC) and its implementing rules and the Regulations of Jiangsu Province on the Administration of Intellectual Property Rights of Enterprises, in order to standardize the patent management of this unit and encourage inventions.
Article 2 The purpose of patent work is to make full use of the characteristics and functions of patents and patent systems in R&D production and operation activities, enhance the market competitiveness of the unit, and strive for the best economic and social benefits.
Article 3 The task of patent work: according to the business objectives and development strategy of the unit, formulate the patent work policy, patent strategy and specific work measures that are in line with the actual situation of the unit.
Article 4 Scope of implementation of the patent work management system: This system is implemented in all departments and subordinate units of this unit.
Chapter II Working Organizations and Their Duties
Article 5 This entity shall set up a patent department to be responsible for the patent management of this entity.
Article 6 This unit shall set up special funds for patent work, which shall be managed by the patent work department in a unified way, and be used for expenses such as patent training, patent awards, patent work affairs and patent information network construction.
Article 7 The basic duties of the Patent Office of this entity include:
1. Formulate measures for the administration of patent work;
2. Formulate long-term plans and annual plans for patent work;
3. Organize and participate in the formulation and implementation of patent strategy;
4. Organize, guide, coordinate and inspect the patent work of various departments;
5. Organize patent publicity and training;
6. Manage patent documents, establish patent information database and provide patent information retrieval and analysis services;
7. Manage patent applications and provide patent consulting services;
8. Handling patent applications, patent rights maintenance, patent assets evaluation, patent contract filing, patent pledge, patent advertisement certification, and handling patent disputes of the unit;
9. Implementing patent rewards and punishments;
10. Manage special funds for patent work.
Chapter III Application of Patent System
Article 8 This entity shall formulate and implement a patent strategy before making decisions on investment, project establishment, R&D, introduction, joint venture, cooperation, marketing, patent application and rights protection.
Article 9 Before making a commercial investment decision, the patent office shall analyze the patent information at home and abroad, apply the rules of the patent system, and put forward feasible investment decision suggestions.
Article 10 Before the approval of a project to develop a new technology or product, the patent department shall analyze the patent information at home and abroad, including invalid patent information, and put forward suggestions on introduction, cooperation or independent research and development by using the rules of the patent system.
Article 11 Before independently researching and developing new technologies and products, the Patent Office shall analyze the patent information at home and abroad to avoid repeated research, and apply the rules of the patent system to put forward relevant technical routes and technical solutions that can obtain the greatest market benefits.
Twelfth units before deciding to import technology and equipment, the patent department should analyze the domestic and foreign patent information, using the rules of the patent system, put forward the import plan; In particular, if the imported technology and equipment contain patents, the Patent Office should first verify their patent legal status, put forward suggestions on their effectiveness, and regularly monitor their legal status.
Article 13 When selling and exporting products, the patent office shall analyze the patent information at home and abroad, and use the rules of the patent system to clarify the patent legal status of the products at the place of sale and export, so as to avoid infringing others' patents.
Article 14 In production and business activities such as joint venture and cooperation, the patent department shall make a comprehensive analysis of the projects to be cooperated, and put forward reasonable suggestions for joint venture and cooperation by using the rules of the patent system.
Fifteenth units in the production and business activities, accused of patent infringement, the patent department shall use the patent information, the rules of the patent system, put forward countermeasures.
Article 16 When signing a patent trade contract, the patent office shall, according to the specific circumstances, apply the rules of the patent system, and put forward the requirements for legal documents provided by the partners, as well as suggestions on the corresponding legal responsibilities and loss compensation clauses.
Chapter IV Administration of Patent Property Rights
Article 17. The service invention of one's own unit refers to the invention and creation accomplished by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit. After the application is approved, the unit becomes the patentee.
Article 18 Before employing employees (including temporary workers), the unit shall sign a service invention-creation agreement formulated by the Patent Office with the employees.
Article 19 When this unit cooperates with other units or individuals to develop or entrust research, it shall sign a technical cooperation entrustment agreement, which must stipulate the ownership of the patent application right and the patent right of research and development achievements.
Twentieth units should apply for a patent for their service inventions before they can carry out activities that may lose their novelty, such as publishing papers, appraising and rewarding scientific and technological achievements, displaying and selling technologies and products.
Article 21 After the service invention-creation of the entity is completed, it shall be filed with the Patent Office. The Patent Office shall promptly organize experts to evaluate the service invention-creation. If it is suitable to apply for a patent, it shall conduct patent novelty retrieval, and determine whether to apply for a patent and the timing, type and country of application according to the specific conditions of the entity.
Twenty-second units to establish patent files, the patent department to monitor and manage all patents or patent applications, timely maintenance or abandonment.
Article 23 Units, production and sales departments that implement patent projects shall regularly report the implementation of patents to the Patent Office, which shall make a comprehensive analysis of the implementation of patents and put forward suggestions on whether to continue to implement or improve them.
Twenty-fourth units in the patent transfer, patent licensing, patent pledge, patent pricing shares, joint venture, the patent office shall organize the evaluation of patent assets; The patent department shall regularly evaluate the patent assets of the unit and bring them into the financial accounting management system.
Twenty-fifth units to transfer the patent right or patent proceeds, in accordance with the relevant provisions of the state into the patent special funds.
Twenty-sixth units in the implementation of patent protection and market monitoring, the patent department shall timely grasp the patent application and authorization of the industry, and shall promptly start the corresponding legal procedures for patents and patent applications of others that damage the rights and interests of the unit; We should make a comprehensive analysis of the infringement and put forward countermeasures.
Twenty-seventh units that implement the customs protection of patent rights, the patent department shall timely handle the customs protection of patent rights for the record.
Article 28 This unit shall establish a confidentiality system for service inventions and creations and a file management system. Before the patent application is made public, employees shall be obligated to keep confidential the technology or product for which the patent is applied, including employee confidentiality agreement, non-competition agreement, confidentiality reward and punishment agreement, lending management regulations, classification determination regulations and filing management regulations.
Chapter V Patent Reward and Punishment
Twenty-ninth units shall reward employees who use the characteristics and functions of the patent system to bring benefits to the unit.
Thirtieth units set up patent work awards, which are awarded annually according to the work performance of patent staff.
Article 31 The entity shall give moral or material encouragement to the service inventor or designer who applies for a patent.
Thirty-second units shall reward service inventors or designers who have been granted patent rights, and the reward standard shall not be lower than the relevant provisions of the state.
Article 33 This unit shall record the awards of the winners mentioned in Articles 29 to 32 in the business assessment files as an important basis for job promotion, job title evaluation and performance assessment.
Thirty-fourth units in violation of the provisions of this system, causing losses to the person responsible for the unit, be punished. If the circumstances are serious, criminal or civil liability shall be investigated.
Chapter VI Examination of Patent Work
Thirty-fifth units should have annual patent work evaluation index, and put it into the performance evaluation index system of various departments and their leaders.
Thirty-sixth assessment indicators refer to the application of the characteristics and functions of patents and patent systems, including patent ownership rate, implementation rate and return rate; Formulation and implementation of patent strategy; Patent affairs management; Funds for patent work; Patent rewards and punishments and other indicators.
Chapter VII Supplementary Provisions
Article 37 The patent office of this unit shall be responsible for the interpretation of this system.
Article 38 This system shall be implemented as of xx, xx, XX.