Encourage domestic and foreign organizations and individuals to support the patent cause in the form of donations.
The relevant administrative departments of science and technology, economy and trade, industry and commerce, public security, quality and technical supervision, customs and so on shall do a good job in patent protection according to their respective duties. Article 4 A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation according to law; Those who exploit the patent by themselves or license others to exploit the patent shall pay remuneration to the inventor or designer of the service invention-creation according to law; Where a patent right is transferred, the remuneration paid to the inventor or designer of a service invention-creation shall be higher than the remuneration for licensing others to exploit the patent.
Awards or remuneration can be paid in cash, shares or other forms agreed by both parties. Article 5 No unit or individual may infringe the patent right, pass off the patent of others or pass off the patent; Shall not provide convenient conditions for counterfeiting other people's patents or impersonating patents.
Any unit or individual has the right to report patent violations to the department in charge of patent work. Article 6 In any of the following circumstances, a state-owned asset possessor shall be assessed by an asset appraisal institution with corresponding qualifications:
(1) Transferring the right to apply for a patent or the patent right;
(2) Patent assets need to be priced before asset reorganization, property right change or legal person change or termination;
(three) to invest in patented technology at a fixed price;
(4) Other circumstances under which patent assets should be evaluated according to the provisions of the state. Article 7 In any of the following circumstances, the applicant or the applicant shall submit a patent search report to the relevant administrative department:
(a) to declare the scientific research of applied technology and the development of new technologies and new products;
(2) Import and export trade of patented technology and equipment;
(3) Other circumstances in which a patent search report should be submitted in accordance with state regulations. Article 8 Where patented products or patented technologies are displayed in exhibitions, fairs and other exhibitions, the participants shall hold the patent certificate or patent license contract of the products or patented technologies. The department in charge of patent work shall supervise and inspect the patented products and technologies on display.
If the organizer of the exhibition finds that there are acts of counterfeiting other people's patents or impersonating patents, it shall report to the department in charge of patent work. Article 9 Where an advertisement is used to promote a patented product or patented technology, the advertising agent or publisher shall verify the valid certificate of the patent right of the patented product or patented technology issued by the patent administration department of the State Council or the patent administration department of the autonomous region. Article 10 Patent intermediary service institutions and their staff shall carry out intermediary services according to law, and shall not issue false reports, collude with the parties to seek illegitimate interests, or harm the legitimate rights and interests of other parties and social interests. Article 11 The patent administrative department of the autonomous region shall be responsible for mediating and handling patent disputes with great influence within and across the autonomous region, and investigating and handling counterfeit patents and patent impersonation with great influence.
State, city (prefecture) departments in charge of patent work are responsible for mediating and handling patent disputes within their respective administrative areas, and investigating and dealing with patent counterfeiting and patent impersonation. Twelfth requests for mediation to deal with patent infringement disputes shall meet the following conditions:
(a) the claimant has a direct interest in the patent dispute;
(2) Having a clear respondent, specific requests, facts and reasons;
(3) Accepted matters within the jurisdiction of the patent administrative department;
(four) the parties have not brought a lawsuit to the people's court. Article 13 The administrative department for patent affairs shall, within 7 days from the date of receiving the request for handling patent infringement disputes, make a decision on whether to accept or not, and notify the requester in writing; If it decides to accept it, it shall serve a copy of the request to the respondent within 7 days from the date of acceptance; The respondent shall submit the defense and relevant evidence within 05 days from the date of receiving the copy of the request.
The administrative department for patent affairs shall make a decision within four months from the date of accepting the patent infringement dispute. Under special circumstances, if a decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the patent administration department, and the requester and the respondent shall be informed; The longest extension period shall not exceed 30 days. Article 14 After accepting a patent infringement dispute, the administrative department for patent affairs may suspend the processing if the respondent requests invalidation of the patent right according to law and the Patent Reexamination Board accepts it, and the period of suspension of processing shall not be counted as the processing period.
In any of the following circumstances, the administrative department for patent work shall not suspend the processing:
(1) The applicant issues a search report on the patent for utility model made by the patent administration department of the State Council, which proves that the patent for utility model conforms to the provisions of the Patent Law on novelty or creativity;
(2) The requested party proves that the technology it uses is the existing technology;
(three) other circumstances that should not be suspended according to the relevant provisions of the state.