Wuhan patent management regulations?

Article 1 In order to strengthen patent management, protect the legitimate rights and interests of patentees, relevant citizens, legal persons and other organizations, encourage inventions, and promote scientific and technological progress and innovation, these Regulations are formulated in accordance with the Patent Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the patent application right and patent management, patent implementation and licensing, patent information dissemination and utilization, patent service agency management, patent administrative protection and other activities related to patent management within the administrative area of this Municipality. Article 3 The municipal and district people's governments shall strengthen their leadership over the patent cause, incorporate the patent cause into the national economic and social development plan, provide support from the aspects of funding guarantee, establish a patent evaluation system to measure the technological innovation ability, and coordinate and handle major issues in patent management. Article 4 The patent administrative departments of the municipal and district people's governments shall be responsible for patent management within their respective administrative areas according to their respective functions and duties, and other relevant departments shall do a good job in patent management according to the prescribed functions and duties. Article 5 The patent grant funds set up by the Municipal People's Government shall be used for subsidizing the patent application fees, patent application maintenance fees and patent annual fees of citizens, legal persons or other organizations within the administrative area of this Municipality. 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: (1) making use of the material and technical conditions of their own units to make inventions and creations; (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. Fifteenth in any of the following circumstances, the legal status of the patent shall be recognized: (1) the project applying for the municipal science and technology economic plan contains the patent right; (2) Using the patent right as the capital contribution or evaluating the patent assets; (3) requesting the patent administration department or the customs to protect the patent right; (four) the establishment of enterprises, the introduction of overseas technology or overseas processing involving patent rights; (five) the technology or product export project involves the patent right of the importing country or region; (six) the sale of goods involves patent rights or patent applications; (7) Holding exhibitions, exhibitions, promotion meetings and trade fairs of various technologies and products involving patent rights or patent applications; (eight) other patent legal status that should be recognized. The determination of the legal status of a patent shall be handled by the municipal patent administration department or other departments authorized by the patent administration department of the State Council. Article 16 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. Seventeenth contracts signed or performed in this city, the right to apply for a patent transfer contract, patent transfer contract, patent pledge contract and patent licensing contract shall be filed with the municipal patent administration department within 30 days from the date of conclusion of the contract. Eighteenth 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. Article 19 For advertisements involving patents, advertisers shall provide advertising agents and publishers with patent advertising certificates issued by the patent administrative department authorized by the State Council; If it is not provided, it shall not design, produce or publish advertisements. Advertisements involving patents shall indicate or explain the patent category and patent number. Twentieth held a patent information conference in this city, it should be reported to the municipal patent management department for examination and approval, and go through the relevant formalities according to law. Article 21 A patent service institution engaged in patent technology trade and information consultation shall be established. In addition to meeting the statutory requirements, there should be more than three professionals with corresponding patent service qualifications. The establishment or change of a patent service institution shall be examined by the municipal patent administration department in addition to handling relevant formalities according to law; If it is closed down, it shall be filed with the municipal patent administration department. Other institutions engaged in patent service business shall have more than two professionals with corresponding patent service qualifications; And report to the municipal patent administration department for the record. The establishment of a patent agency shall be handled in accordance with state regulations. Twenty-second patent agencies, technology trade, information consulting, asset evaluation and other institutions engaged in patent services shall not issue false patent literature retrieval and patent asset evaluation reports; Shall not collude with the parties to seek illegitimate interests and harm the interests of the state, the collective or others; Shall not mislead, deceive or coerce the parties to conclude a patent contract. Twenty-third patent disputes within the administrative area of this Municipality, the parties may bring a lawsuit to the people's court, or request the municipal administrative department for patent affairs to handle it. Twenty-fourth acts of counterfeiting other people's patents or impersonating patents within the administrative area of this Municipality shall be investigated and dealt with by the municipal patent administration department according to law. Encourage units and individuals to report acts of counterfeiting other people's patents or impersonating patents. The municipal administrative department for patent work shall be responsible for keeping confidential the informants and related contents. (1) Whoever, in violation of the provisions of Articles 20 and 21 of these regulations, publishes patent information or engages in patent service business without authorization shall have his illegal income confiscated and be fined one to two times his illegal income; There is no illegal income, and impose a fine of 2000 yuan and 20 thousand yuan; (2) Where an institution engaged in patent services violates the provisions of Article 22, its illegal income shall be confiscated and a fine of one to two times its illegal income shall be imposed. If there is no illegal income, a fine of more than 2,000 yuan and less than 30,000 yuan shall be imposed. In violation of this Ordinance, the relevant laws and regulations have been punished, from its provisions. Twenty-sixth in violation of these regulations, causing losses to others, shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 27 The staff of the patent administration department shall not participate in patent-related business activities, disclose the relevant secrets of the parties they know in their own work, or abuse their powers, neglect their duties or engage in malpractices for selfish ends. In violation of the provisions of the preceding paragraph, administrative sanctions shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. The twenty-eighth of this Ordinance since July 6, 2006.