Liaoning Patent Regulations (revised in 2022)

Chapter I General Provisions Article 1 In order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the use of patents, and maintain the order of market economy, these Regulations are formulated in accordance with the Patent Law of People's Republic of China (PRC) and other laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to patent work and related activities within the administrative area of this province. Article 3 Patent work shall follow the principles of encouraging creation, effective utilization, legal protection and scientific management. Article 4 The departments in charge of patent work in provinces, cities and counties (including county-level cities and districts, the same below) (hereinafter referred to as patent management departments) shall be responsible for patent management within their respective administrative areas.

The relevant administrative departments of development and reform, economy and informatization, finance, human resources and social security, agriculture, ocean and fishery, state-owned assets supervision, science and technology shall, according to their respective functions and duties, do a good job in patent management. Article 5 The people's governments of provinces, cities and counties shall incorporate patent work into the national economic and social development plan, establish a coordination mechanism for patent management, and take measures to promote the development of invention and creation, application of patent achievements and patent industrialization. Article 6 Departments of patent management, science and technology, education, culture, press and publication, radio and television, social organizations, educational and scientific research institutions and news media shall strengthen the publicity of patent laws and regulations, popularize patent knowledge, and enhance the awareness of the whole society to respect, use and protect patents. Chapter II Patent Promotion Article 7 The people's governments of provinces, cities and counties shall set up special funds for patents to finance patent applications and patent maintenance and promote patent implementation and industrialization.

Special funds for patents shall be earmarked for special purposes. The specific management measures shall be formulated by the provincial finance department in conjunction with the patent management department at the same level. Eighth provincial people's government shall give a one-time award to the units or individuals that have won the China patent award and the provincial patent award.

The people's governments of cities and counties may, according to local conditions, reward the units and individuals that have won the patent awards mentioned in the preceding paragraph. Article 9 A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation. The way and amount of reward or remuneration shall be implemented in accordance with the rules and regulations agreed by the parties or formulated according to law; If there is no agreement or provision, the following provisions shall apply:

(a) within 3 months from the date of the announcement of the patent right, the inventor or designer shall be awarded a bonus, which shall not be lower than the minimum standard stipulated by laws and regulations;

(2) After the patent is implemented, within the validity period of the patent right, not less than 5% or not less than 1% of the business profit from the implementation of the design patent shall be extracted from the business profit every year as remuneration to the inventor or designer, or the remuneration shall be paid to the inventor or designer in a lump sum with reference to the above proportion;

(3) Whoever transfers or licenses the patented technology to others shall, within three months after obtaining the transfer or license price, draw not less than 20% of the transfer fee and use fee collected and pay it to the inventor or designer as remuneration.

Bonuses and remuneration can be paid in cash, shares, equity income or other forms agreed by both parties. Article 10 If the independent patent right is transformed and used in this province for the first time, the people's government at or above the county level where the project is located shall give support in the aspects of project establishment, land and places. Article 11 The invention patent right formed by the scientific research projects funded by financial funds belongs to the units or individuals undertaking the scientific research projects, except those involving national security, national interests and major social interests. Article 12 The related patents of patent inventors or designers can be used as the basis for evaluating professional and technical titles. Patents that have played a significant role in technological progress or achieved significant economic benefits, and can issue tax and other related certificates, as well as patents that have won the Liaoning Patent Award and the China Patent Award, can be used as the basis for patent inventors or designers to declare corresponding professional and technical titles. Thirteenth city and county people's governments and relevant administrative departments shall support enterprises, scientific research institutions, institutions of higher learning and other organizations to carry out patent knowledge training and improve the professional quality of patent managers.

Encourage institutions of higher learning to incorporate patent knowledge into the curriculum education system. Encourage college, middle school and primary school students to carry out invention and creation competitions, and cultivate students' innovative ideas and patent protection awareness. Article 14 Enterprises, scientific research institutions and institutions of higher learning should improve the patent management system, establish patent management institutions and protection mechanisms, formulate preferential measures, provide material and technical conditions needed for invention and creation, attract high-level professionals to engage in R&D and entrepreneurship, and expand the ranks of high-level professionals. Chapter III Application of Patents Article 15 The patentee may implement the patent right by means of shareholding, pledge, transfer and licensing. Where the investment is made at the price of patent right, it may account for the statutory maximum amount of non-monetary property in the registered capital of the company. Article 16 Finance and other relevant administrative departments shall arrange certain funds from special funds for patents, and guide financial institutions to carry out patent pledge loan business by means of discount loans and risk subsidies, so as to provide financial support for patent technology industrialization projects.

The arrangement of government financial funds, the establishment of venture capital funds and venture capital institutions should give priority to supporting the investment and financing needs of patented technology industrialization projects.

Encourage guarantee institutions to give priority to providing investment and financing guarantees for patented technology industrialization projects.