Interim Measures for the Administration of Patent Work of the Ministry of Aviation Industry

Chapter I General Provisions Article 1 These Measures are formulated for the purpose of encouraging inventions, safeguarding the property rights of the aviation industry, strengthening the leadership and management of the patent work of our department and promoting the development of the aviation industry. Article 2 The main bases for formulating these Measures are: the Patent Law of People's Republic of China (PRC), the detailed rules for the implementation of the Patent Law of People's Republic of China (PRC), the Notice on Establishing a Patent Institution in China approved by the State Council (No.130), the Interim Provisions on Patent Agency approved by the State Council and issued by China Patent Office, and the comprehensive words issued by China Patent Office. Article 3 The basic task of patent work is to use legal and economic means to protect the legitimate rights and interests of subordinate units and patentees, promote scientific research and production, develop patent projects, expand patent effects, promote technological progress and promote economic development. Article 4 Patent work is an important work involving science, technology, economy and law. All units must attach great importance to it. The development of patent work should be regarded as one of the important contents of assessing the working conditions of enterprises and institutions. Anyone who does not attach importance to patent work and causes great losses to the state and units shall not enter the advanced ranks. Chapter II Patent Management Article 5 The patent management agency of the Ministry of Aviation Industry is located in the Science and Technology Bureau (Patent Office for Scientific Research Management Achievements), and its main responsibilities are:

1. Draw up the patent work plan of the Ministry, organize and coordinate the patent work, and guide the patent work of subordinate units;

2. Manage the patent licensing trade within the Ministry and participate in the patent work in technology introduction;

3. To lead the work of the patent service agencies of the Ministry and provide business guidance to other patent service agencies within the Ministry;

4. Training and assessment of patent agents and enterprise patent workers of management departments and subordinate patent service institutions;

5. Organize publicity and education on patent work;

6. Mediation of patent disputes of subordinate units;

7. Organize the development and implementation of patented technology, and supervise the work of rewarding inventors or designers;

8. In conjunction with the Ministry's Security Committee, conduct confidential examination before patent application for projects involving national security or major economic interests of subordinate units;

9. Raise and manage patent funds and go through the formalities for examination and approval of patent funds;

10. Go through the examination and approval procedures for applying for patents abroad in conjunction with relevant departments. Article 6 Enterprises and institutions shall have a technical deputy director (manager or factory director) or chief engineer in charge of patent work. Large and medium-sized factories and research institutes may set up patent management institutions according to their own conditions, or the science and technology management institutions shall undertake patent management work; Small factories and research institutes can set up patent management in science and technology management institutions, and the person in charge is responsible for it. In order to ensure the normal development of patent work, the patent personnel of each unit should remain relatively stable. Article 7 The institution responsible for patent management of each unit is the patent management department of the unit, and its main tasks are:

1. Assist in formulating the scientific research, production, planning and development plan of the unit, formulate the patent work plan of the unit, and be responsible for organizing the invention-creation with patent conditions of the unit to apply for patents;

2. Manage the patent legal affairs of the entity, and handle and coordinate patent disputes related to the entity;

3 in conjunction with the security department, the patent application of the unit for confidential review;

4. Put forward examination opinions on whether the technology of the unit applies for a patent, and put forward examination opinions on whether the individual of the unit applies for a patent as a non-service invention;

5. Manage the patent licensing trade of this unit and participate in the technology introduction of related patents;

6 responsible for the training, reward, assessment and appointment of patent workers in this unit. Support the patent workers of this unit to participate in the activities organized by the Patent Management Department of the Ministry;

7. According to the detailed rules for the implementation of the Patent Law of People's Republic of China (PRC), put forward the opinions of rewarding service inventors or designers to encourage their inventions and creations;

8. Raise and manage the patent fund of the unit;

9 to publicize and popularize patent knowledge to the employees of this unit. Article 8 All units shall cherish their scientific research achievements, coordinate the relationship between patent work and scientific technology and production management, and carry out the following work for projects that need or are suitable for patent application:

1. Conduct scientific and technological achievements appraisal, technical exchange, paper publication, product acceptance and product listing;

2. Participate in various forms of trade fairs, exhibitions and technical tenders;

3. Technical cooperation, technology shareholding, technology development and technical consultation. Ninth enterprises and institutions should report the patent work to the Ministry in writing at the end of each year, and put forward the patent work arrangement for the next year. After applying for a patent to the Chinese Patent Office, each unit shall submit a copy of the application documents (request, acceptance notice, specification, drawings, claims and abstract) to the Patent Management Department. Article 10 Where a subordinate unit signs a contract to transfer the patent application right or patent right, it shall submit a copy of the contract and relevant documents (materials) to the Patent Management Department within one month after the contract comes into effect. Where a patent dispute has not been filed, the Patent Management Department will not accept it.

The transfer of patent application right or patent right by subordinate units to foreign countries and domestic and foreign units or Sino-foreign joint ventures must be approved by the patent administration department of the Ministry.