Within the validity period of the patent right, the patentee of a service invention-creation shall, after implementing his invention-creation patent, extract a proportion of not less than 0.5% from the sales revenue of the invention patent or utility model patent, or extract a proportion of not less than 0.05% from the sales revenue of the design patent as a reward to the inventor or designer; Or refer to the above ratio, give the inventor or designer a one-time reward.
Where the patentee of a service invention-creation licenses another entity or individual to exploit its patent, he shall, after paying taxes, extract not less than 20% of the royalties collected from licensing the exploitation of the patent as remuneration and pay it to the inventor or designer.
An enterprise in the form of shares may convert its shares into shares or reward or reward the inventor or designer in proportion to its capital contribution.
Where the patentee and the inventor or designer have other written agreements on awards and remuneration according to law, such agreements shall prevail. Article 6 Units or individuals are encouraged to apply for patents at home and abroad in a timely manner according to law for inventions and creations that meet the requirements for applying for patents.
Before the patent application is published or announced, the personnel related to the technical scheme of the invention and creation shall bear the responsibility of confidentiality for the invention and creation. Article 7 No unit or individual may prevent an inventor or designer of a non-service invention-creation from applying for a patent.
A service invention-creation that belongs to a unit according to law may not apply for a patent in the name of an individual unless the unit and the inventor or designer have otherwise agreed in writing according to law. Article 8 Where newspapers, radio, television, books, internet and other media are used to publicize and sell patented products and patented technologies, a certificate issued by the patent administration department of the State Council or the patent administration department of the provincial people's government must be provided. The relevant media communication units shall verify the certification documents in accordance with the provisions. Article 9 No unit or individual may illegally exploit another person's patent, impersonate another person's patent or impersonate a patent, print a patent mark for another person's patent infringement, impersonate another person's patent or impersonate a patent, or provide convenient conditions such as manufacturing, selling, promising to sell, using, storing, transporting and hiding. Article 10 In any of the following circumstances, a patent document search shall be conducted and a search report shall be submitted to the relevant competent department:
(1) Research and development of new technologies and products;
(2) Import and export trade of patented technologies and equipment;
(3) Joint ventures and cooperative enterprises applying for investment in patented technology and equipment;
(4) Domestic technology trade involving patents;
(five) other patent documents that should be searched according to the provisions of the state. Eleventh state-owned assets in any of the following circumstances, should be set up in accordance with the relevant provisions of the state assets appraisal institutions for patent assets appraisal:
(1) Transferring the right to apply for a patent or the patent right;
(two) the state-owned enterprises and institutions with legal personality need to price their patent assets before the change or termination;
(3) State-owned patent assets are jointly invested or cooperated with companies, enterprises and other economic organizations and individuals from overseas or Hong Kong, Macao and Taiwan regions, or licensed by companies, enterprises and other economic organizations and individuals from overseas, Hong Kong, Macao and Taiwan regions;
(4) Establishing a limited liability company or a joint stock limited company with patented assets as capital contribution;
(five) the introduction of patented technology from abroad;
(six) other patent assets that should be evaluated according to the provisions of the state.
Non-state-owned assets units and individuals applying for evaluation of their patented assets shall be implemented with reference to the provisions of the preceding paragraph. Article 12 A patent agency shall sign a written entrustment contract with the client and exercise the agency right according to the contract. Patent agencies shall not use their agents to infringe upon the legitimate rights and interests of clients.
Patent agencies shall announce the fees that can be deferred in a prominent position in accordance with the regulations.
Patent agencies shall accept the supervision and inspection of the departments in charge of patent work.