Science and technology, economy and trade, public security, industry and commerce administration and other relevant departments shall, according to their respective responsibilities, do a good job in patent protection. Article 4 The municipal and district (city) people's governments shall set up special funds for patents, which shall be used to subsidize the units and individuals in this Municipality to apply for domestic and foreign patents and support the patent technology transformation in this Municipality. Article 5 The patent administrative department shall strengthen the publicity and popularization of patent protection knowledge, guide citizens, legal persons and other organizations to carry out patent protection work, and guide enterprises and institutions to establish and improve their own patent management systems.
The patent administrative department shall strengthen the construction of patent information network and provide patent protection information and other patent information services for the society. Article 6 Relevant trade associations shall encourage their members to apply for and implement patents, support their members to safeguard their independent patent rights, and educate and urge their members to respect the patent rights of others. Seventh research and development projects and technological transformation projects included in the government plan or government investment shall be searched for patents. Where it is necessary to apply for a patent for a possible invention-creation, the relevant administrative department and the project undertaker shall clarify the ownership of the patent application right and patent right, as well as the measures for patent protection, patent implementation and promotion. Article 8 The relevant administrative departments shall regard the quantity and quality of patent rights and the perfection of patent management system as the important contents of identifying high-tech enterprises and enterprise technology centers. Article 9 Patent intermediary service institutions engaged in patent agency, patent evaluation and other businesses shall go through the registration formalities according to law. The registration institution shall send a copy of the registration materials to the patent administration department. The patent administrative department shall strengthen the guidance and supervision of patent intermediary service institutions.
Patent intermediary service institutions and their staff shall abide by the provisions of laws and regulations, and shall not collude with the parties to seek illegitimate interests, disclose the business secrets of the parties, or damage the legitimate rights and interests of the parties such as patent applicants and patentees or social public interests. Article 10 Where the patentee or interested party considers that the patent right has been infringed, it may request the municipal patent administration department to handle it, or bring a lawsuit to the people's court.
Citizens, legal persons or other organizations may request the municipal patent administration department to confirm that they have not infringed the patent rights of others. Article 11 To request the municipal patent administration department to handle the patent disputes listed in Article 10 of these Provisions, the following conditions shall be met:
(1) The claimant is a citizen, legal person or other organization that has a direct interest in the case;
(2) Having a clear respondent;
(3) Having specific requests, facts and reasons;
(4) accepting matters belonging to the municipal patent administration department;
(five) the parties have not brought a lawsuit to the people's court. Article 12 Anyone who requests the municipal patent administrative department to handle a patent infringement dispute shall submit a letter of request and relevant evidence, and submit a copy of the letter of request according to the number of respondents.
When requesting the municipal patent administration department to handle the dispute of confirming that the patent right is not infringed, it shall submit the written request, the text of the patent authorization announcement, the evidence that the patentee or interested party thinks it infringes the patent right, and the relevant carrier of the technology that thinks it infringes the patent right, and submit a copy of the written request according to the number of the respondents. Article 13 The municipal patent administrative department shall decide whether to accept or not within seven days from the date of receiving the request for handling patent disputes and relevant evidence, and notify the requester in writing. If it decides to accept the application, the municipal patent administration department shall send a copy of the request to the respondent within five days from the date of acceptance.
The respondent shall submit the defense within 15 days from the date of receiving the copy of the request. If the respondent fails to submit the defense, it will not affect the handling of the case by the municipal patent administration department. Article 14 In the process of handling patent infringement disputes, if the respondent makes a request for invalidation of the patent right and it is accepted by the Patent Reexamination Board, it may request the municipal patent administration department to suspend the handling. But in any of the following circumstances, the municipal patent administration department shall not suspend the processing:
(1) The reasons for the respondent's request for invalidation of the patent right are obviously untenable or the evidence provided is obviously insufficient;
(two) the retrieval report issued by the claimant did not find any technical documents that led to the loss of novelty and creativity of the patent for utility model;
(3) The technology implemented by the respondent is not within the protection scope of the patent right;
(4) The evidence provided by the respondent proves that the technology it implements belongs to the existing technology before the patent application date;
(five) other circumstances in which the patent administration department believes that the processing should not be suspended.
Where the respondent requests to suspend the handling of patent infringement disputes, it shall submit the request for invalidation of the patent right and relevant evidence materials, as well as the notice of acceptance of the request for invalidation issued by the Patent Reexamination Board.