Regulations of Tianjin Municipality on the Promotion and Protection of Patents (revised on 20 16)

Chapter I General Provisions Article 1 In order to encourage invention and creation, promote patent application, protect the legitimate rights and interests of inventors, designers and patentees, improve the ability of independent innovation, build an innovative city and promote economic and social development, these Regulations are formulated in accordance with 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) and other relevant laws and regulations, and combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the creation, utilization, protection and management of patents and related activities within the administrative area of this Municipality. Article 3 The patent work in this Municipality shall follow the principles of encouraging creation, effective utilization, legal protection and scientific management. Article 4 The municipal, district and county people's governments shall strengthen their leadership over patent work, incorporate patent work into national economic and social development plans, formulate and implement patent development strategies, take measures to promote patent creation and application, strengthen patent protection and management, and ensure the funds needed for the development of patent undertakings. Article 5 The leading institutions of intellectual property strategy of the municipal, district and county people's governments shall be responsible for coordinating the patent work of relevant departments and studying and solving major problems in intellectual property. Article 6 The administrative departments of the municipal, district and county people's governments shall be responsible for the patent work within their respective administrative areas.

The relevant departments and institutions of the municipal, district and county people's governments shall, in accordance with their respective responsibilities, do a good job in patent promotion and protection. Article 7 The municipal, district and county people's governments shall set up special funds for patents to ensure that the scale of special funds can meet the actual needs of patent work. Article 8 The Municipal People's Government shall set up patent awards to reward the units, inventors and designers of outstanding patent projects that have produced good economic and social benefits.

The district and county people's governments shall reward the outstanding patent projects that have produced good economic and social benefits in the region or the units and individuals that have made remarkable achievements in patent work. Chapter II Patent Creation Article 9 The patent creation work in this Municipality shall focus on the research and development of core patent technologies and key patent technologies that have a significant impact on industrial development, and promote original innovation, integrated innovation and introduction, digestion, absorption and re-innovation. Article 10 The investment expenses of enterprises, institutions and other organizations in research and development of patented technologies and products shall be deducted before enterprise income tax in accordance with relevant regulations, and they shall enjoy corresponding preferential tax policies.

The expenses incurred by enterprises in purchasing patents can be deducted before enterprise income tax in accordance with relevant regulations. Eleventh government financial funds to support scientific research and development, technological transformation and high-tech industrialization projects, approval, acceptance, should take the acquisition of patent rights as an indicator. The related expenses incurred in patent application and maintenance can be included in the project funds.

To apply for the project mentioned in the preceding paragraph, the applicant shall submit a patent search report on related technologies to the competent department of the project. If the applicant fails to submit the patent search report, the competent department of the project shall not initiate the project. Article 12 The invention and creation of a project supported by government financial funds shall belong to the project undertaker, except for national security, national interests and major social and public interests. The project undertaker can decide to implement, license others to implement, transfer, and share shares at a fixed price according to law, and get corresponding income.

The project undertaker shall actively promote the implementation of the patent formed by the government financial funds to support the project, and regularly report the implementation and maintenance to the competent department of the project. Thirteenth high-tech enterprises, engineering technology centers, engineering research centers, enterprise technology centers, key laboratories, engineering laboratories, etc. The quantity and quality of patent ownership and the construction of patent management system should be taken as important indicators. Article 14 A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation. After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained. Where the parties have agreed on remuneration or the manner and quantity of remuneration, such agreement shall prevail. There is no agreement, in accordance with the following provisions:

(a) within three 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 exploitation of the patent has achieved economic benefits, within the validity period of the patent right, not less than 5% or 1% of the operating profit from the exploitation of the patent for design shall be paid to the inventor or designer as remuneration every year, or the remuneration shall be paid to the inventor or designer at one time with reference to the above proportion.

(3) Where the patented technology is transferred or licensed to others, it shall, within three months after obtaining the transfer or license price, draw not less than 30% 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. Chapter III Application of Patents Article 15 The municipal, district and county people's governments and their relevant departments shall support the application of patents and promote the industrialization of patented technologies by means of special funds and discount loans. In the science and technology and industrialization projects supported by the government, priority should be given to projects with patent rights under the same conditions.

The patent administrative department shall formulate the project plan for the implementation of patented technology, focus on supporting the implementation of patented technology projects that conform to the industrial policies of the state and this Municipality, with high technical level and good market prospects, and promote the industrialization of patented technology.