The departments in charge of patent work of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for patent management within their respective administrative areas.
Interpretation This article is about the patent administration system.
1. according to the provisions of the first paragraph of this article, the patent administration department of the State Council is responsible for the management of patent work throughout the country. The "the State Council Patent Administration Department" mentioned here refers to China National Intellectual Property Administration according to the current institutional setup in the State Council. According to the provisions of this Law and China National Intellectual Property Administration's "Sanding" Plan approved by the State Council, the responsibilities of the patent administration department in the State Council in managing the national patent work mainly include: studying and drafting the draft laws and regulations on patents, and formulating regulations on patent management; Accepting and examining patent applications in a unified manner (the specific work is entrusted to the Chinese Patent Office to which it belongs), and granting patent rights according to law to those who meet the conditions for granting patents as stipulated in this Law; Set up a patent reexamination board to handle the reexamination requests of the parties concerned on patent affairs according to law; According to the request of the parties concerned, handle and guide the local patent administration departments to deal with patent infringement disputes, and investigate and deal with acts of counterfeiting other people's patents and impersonating patents according to law; Responsible for international cooperation in patent work; Organizing the formulation of the national patent work development plan and the patent information network plan; Organize and promote the publicity and popularization of patent legal knowledge.
second, according to the provisions of the second paragraph of this article, the departments in charge of patent work of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for patent management within their respective administrative areas. The provincial government's "department in charge of patent work" mentioned here can be a department set up by the government at the corresponding level to specifically manage patent work, such as the Patent Office or the Intellectual Property Office (Bureau), or other departments in charge of patent work determined by the government at the corresponding level, such as the Science and Technology Commission. Specifically, which department shall be the department for the administration of patent work of the government at the corresponding level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the Organization Law of the People's Republic of China and local people's congresses and local people's governments at various levels. According to the provisions of this law, the responsibilities of the provincial government in managing the patent work within its administrative area are mainly to handle patent infringement disputes according to law at the request of the parties concerned, and investigate and deal with acts of counterfeiting other people's patents and impersonating patents according to law; And other duties entrusted by the patent administrative department of the State Council and the people's government at the corresponding level.
iii. this article only stipulates the responsibilities of the patent administrative department of the State Council and the patent administrative department of the provincial people's government. In the process of legislation, there was a view that it was not enough to stipulate the administrative management of patent work only in the State Council and provincial governments, and it should be stipulated that governments below the provincial level can also set up patent management departments to manage patent work in their own regions. After research, the legislature considers that the patent system has the characteristics of national unity and involves a wide and complex technical field, and the authority of patent management should be properly concentrated, and it is not appropriate to set up patent administrative departments at different levels. At present, the acceptance, examination, approval and reexamination of patent applications are all under the unified responsibility of the patent administration department in the State Council, which is also a common practice in the world. As for the investigation and handling of patent infringement disputes, not all municipal and county governments can accurately grasp and handle them because some of them involve complex technical problems and procedures for confirming rights. In the Patent Law, it is appropriate to stipulate only the management responsibilities of the patent administrative department of the State Council and the patent administrative department of the provincial people's government. At the same time, considering the actual situation of some cities with heavy workload in patent management, the Law Committee of the National People's Congress put forward in its report on the deliberation results of the draft patent law that "the handling of patent infringement disputes and administrative penalties for counterfeiting and impersonation can also be implemented by some cities with heavy workload in patent management and practical handling capacity", and accordingly, the provisions of the draft on handling patent infringement disputes and punishing administrative departments for counterfeiting and impersonation have been revised accordingly. As for the establishment of patent management departments by the people's governments of these key cities, it can be determined by the relevant local governments according to the provisions in the Organic Law of the People's Republic of China on Local People's Congresses and Local People's Governments at All Levels that the establishment, increase, decrease or merger of working departments of the people's governments of cities and counties shall be reported to the people's government at the next higher level for approval and reported to the Standing Committee of the People's Congress at the same level for the record, and there is no need to make any further provisions in the patent law.