Article 2 The task of enterprise patent work is to fully rely on and apply the patent system, so that the patent mechanism can become the main power mechanism and guarantee mechanism to promote enterprise technological innovation, encourage and mobilize the enthusiasm of enterprise employees, and serve the whole process of enterprise technological innovation and production and operation.
Article 3 The patent administrative department and the macro-economic management department of the State Council are responsible for macro-guidance and coordination of the patent work of enterprises. The patent status index and patent management level of enterprises are important basis for evaluating enterprise management level and technological innovation performance.
Article 4 These Measures shall apply to state-owned enterprises and state-holding enterprises (hereinafter referred to as enterprises), and other enterprises may refer to them. Enterprises should establish and improve specific patent management rules and regulations according to these measures and their own conditions. Local patent management authorities at all levels and macro-control departments may formulate specific implementation measures suitable for local enterprises according to these measures and relevant laws and regulations.
Chapter I Patent Personnel and Institutions of Enterprises
Fifth qualified enterprises should be equipped with full-time patent staff and establish specialized institutions. Other enterprises may, according to the needs of their work, designate institutions and full-time or part-time personnel to undertake patent work. The specific organizational structure and management mode of the enterprise patent office can be flexibly established according to the requirements of these measures and the enterprise's own situation. The principal responsible person of an enterprise shall be in charge of and co-ordinate the patent work of the enterprise.
Article 6 If an enterprise is not equipped with patent staff, it may hire professionals with registered practice qualifications from social intermediary institutions as patent consultants to help the enterprise carry out patent work. Enterprise patent consultants should perform their duties in strict accordance with the requirements of practice and keep enterprise secrets.
Article 7 An enterprise shall define the tasks and responsibilities of enterprise patent workers and enterprise patent consultants, provide working conditions, guarantee their due rights, and support them to participate in patent training and exchange activities and other related businesses.
Article 8 Patent administrative authorities at all levels shall provide professional guidance to enterprise patent consultants and their practice activities. It is necessary to organize enterprise patent workers and enterprise patent consultants to carry out business training and business exchanges in a timely manner.
Chapter II Administration of Patent Property Rights
Article 9 An enterprise shall formulate a patent property management system that is suitable for its own situation and covers all relevant links of the enterprise. The contents of enterprise patent property management include:
(1) patent technology development;
(two) the determination of patent application, maintenance and abandonment, and the examination of service and non-service inventions;
(3) Patent evaluation and evaluation;
(4) Patent asset operation, including patent transfer, licensing trade, application and implementation, patent pricing investment, patent pledge, etc. ;
(5) To manage the technical files related to patent applications formed in the technological activities of enterprises and standardize the business activities of technicians;
(six) regulate the activities related to the rights and interests of patent technology development of floating personnel;
(seven) patent protection, including patent infringement monitoring, patent litigation and patent border protection;
(eight) other enterprise patent property management matters.
Article 10 An enterprise shall establish a system for reporting and examining employee inventions and patent applications, and formulate specific procedures and measures for reporting and examining. Large and medium-sized enterprises can designate part-time patent liaison officers in grass-roots technical units (project teams) and other necessary enterprise grass-roots units, and the patent liaison officers will cooperate with enterprise patent agencies or enterprise patent consultants to carry out inventions and patent applications.
Article 11 An enterprise shall analyze and evaluate its inventions, and if it should apply for a patent, it shall apply for a patent at home and abroad in time. For inventions that meet the requirements of patent application, patent application should be filed first, and then scientific and technological evaluation, evaluation, awards, product display and sales should be carried out after patent application is obtained, which leads to the loss of novelty of technological inventions. Inventions and creations that are not suitable for patent application, except those that need to be disclosed from the perspective of enterprise patent strategy and business practice, should generally be included in the scope of enterprise technical secret protection.
Article 12 Before an enterprise applies for a patent for a service invention-creation, the relevant personnel shall keep the secret of the invention-creation. Before leaving the enterprise, the employees of the enterprise are transferred from their posts, retired or go abroad to study and study. Temporary workers should hand over the technical data they are engaged in and participate in the technical work of the enterprise, and bear the obligation of confidentiality. Without the permission of the enterprise, no articles involving confidential contents shall be published, and no individual patent shall be applied for inventions and creations belonging to the enterprise.
Article 13 Where an employee applies for a patent for his non-service invention-creation, the enterprise shall support it and shall not suppress or infringe upon his patent application right and patent right. If an enterprise is required to issue a certificate, it shall issue a non-service invention certificate after examination and confirmation by the enterprise. Any dispute between an employee and an enterprise over the job or non-job nature of his invention and creation may be submitted to the local patent administration department for handling. If it is confirmed as a non-service invention, the patent administration department shall issue a decision on handling it.
Article 14 When an enterprise signs a technology development contract or other contracts that may lead to invention-creation in the future with other units, it shall clearly define the right to apply for a patent for invention-creation and the ownership of the patent right. For those who study, cooperate and work across units and those who are temporarily employed by enterprises, enterprises should sign contracts with themselves and the receiving or dispatching units in advance on the patent application right and patent ownership of inventions and creations made by the personnel during their study and work. If no contract is signed or the contract is unclear, the ownership of the patent application right and patent right shall be handled in accordance with the relevant provisions of the state.
Fifteenth projects that need to apply for patents abroad, enterprises should conduct feasibility studies. When an enterprise establishes a Sino-foreign joint venture or cooperative enterprise, if the foreign party contributes capital with technology, equipment and products, the enterprise shall conduct patent search and demonstration on the patents involved and related technical fields. When an enterprise signs a foreign-related contract involving a patent or possibly involving a patent issue with a foreign party in the future, it shall make a clear agreement on the patent matters or the patent matters that may be involved.
Article 16 An enterprise shall timely pay the annual fee or application maintenance fee of a patent or patent application in accordance with the law to maintain its validity. Patents and patent applications abandoned or terminated before the expiration of the statutory time limit shall be demonstrated and confirmed, and management files shall be established.
Article 17 Enterprises shall safeguard patent rights and interests according to law. In case of infringement, or patent infringement dispute or other patent dispute with other parties, measures shall be taken in time, and if necessary, the patent management authority shall be requested to handle it, or a lawsuit shall be brought to the people's court. Enterprise employees have the right to protect the patent rights of enterprises from infringement. If any infringement of the enterprise's patent right is found, it shall be reported to the enterprise in time and assist in the investigation and evidence collection. Where an enterprise's patent rights and interests involve customs protection, it shall, in accordance with the requirements of the Regulations on Customs Protection of Intellectual Property Rights, timely apply to the General Administration of Customs for customs protection of patent rights for the record. Enterprises should avoid infringing others' patent rights.
Article 18 An enterprise shall regularly make statistical analysis and evaluation on the patent rights and patent applications, estimate the patent assets of the enterprise, and incorporate them into the enterprise accounting management system as the basis for enterprise management decisions. Joint venture, merger, Sino-foreign joint venture, cooperation and major technology trade, enterprises involved in patents, should be evaluated in accordance with the relevant provisions of the state. The enterprise shall entrust an intermediary agency that meets the requirements of practice to complete the above patent assets evaluation.
Chapter III Utilization of Patent Information
Nineteenth enterprises should establish a patent information utilization mechanism suitable for their own enterprises. Large and medium-sized enterprises should gradually establish enterprise patent information database, and qualified enterprises should establish enterprise patent information computer management system. Enterprises that lack the conditions to establish a patent information database can use patent information by relying on social patent information intermediaries and patent information networks. Patent workers and patent consultants in enterprises should collect and study patent information related to enterprises in time and put forward countermeasures for technological innovation, management and other related activities of enterprises.
Twentieth local patent management departments and macroeconomic management departments should take measures to promote the dissemination, development and utilization of patent information. Encourage and support the construction of patent information network in this region, and gradually establish the China patent information network website in this region. Encourage and support social patent service intermediaries to carry out patent information services.
Article 21 An enterprise shall conduct patent literature retrieval before the project of product and technology research and development, and conduct necessary follow-up retrieval during and after research and development. The enterprise R&D project should have a patent search report when it is appraised and accepted. Where an enterprise's technological innovation project is applied to be included in the government's economic and technological plan or the government participates in the investment, the project examination and approval department shall require the project undertaking enterprise to provide a patent search report as one of the bases for project examination and approval. When the undertaking enterprise reports to the project examination and approval department after the project has achieved phased results or completed, the application materials shall provide a new patent search report in the technical field involved in the project, and an explanation of whether the invention and creation generated in the project have applied for a patent.
Twenty-second enterprises to carry out foreign trade in any of the following circumstances, it should be the project patent search:
(a) the import and export of technology, complete sets of equipment and key equipment;
(2) importing raw materials and products that are not sold in China;
(3) exporting raw materials and products that have not been sold to other countries and regions.
Article 23 For major R&D projects of new technologies and new products of enterprises, or technological innovations that need to apply for foreign patents because of their great market prospects, enterprises shall carry out research on project patent strategy and submit patent strategy analysis reports.
Chapter IV Assessment, Evaluation and Support Measures
Twenty-fourth enterprise patent status indicators as the main assessment indicators to evaluate enterprise technological innovation and patent work, including:
(a) the number of patents and patent application rights, including patents and patent application rights independently developed and introduced;
(2) Patent development rate indicators, including the ratio of annual patent right, patent application weight to R&D investment in the same period, and the ratio of annual patent right, patent application weight to the number of enterprise technicians, etc. ;
(3) patent income indicators, including independent patent development and patent introduction income;
(4) Enterprise patent management, including comprehensive level of patent management, patent property right management, patent information utilization, patent strategy formulation and implementation, patent income distribution and reward, etc. The enterprise shall incorporate the enterprise patent status indicators and patent management requirements into the term assessment objectives of the relevant person in charge of the enterprise.
Twenty-fifth the State Council patent administrative departments and macro-control departments * * * combined with the development of enterprise patent work standards and excellent secondary evaluation standards to evaluate enterprises. Voluntary declaration by enterprises shall be evaluated by patent administration authorities at or above the provincial level and macroeconomic regulation and control departments. Enterprises with excellent patent work and meeting relevant requirements shall be included in the relevant enterprise support plan or other policy support scope.
Article 26. Except as agreed in the contract, the new technological achievements obtained by the scientific and technological projects supported by the government should be popularized or kept confidential. The project undertaking enterprise can apply for a patent, transfer it with compensation or implement it by itself, and the proceeds shall be owned by the undertaking enterprise.
Twenty-seventh patent management authorities at all levels and macro-control departments should give priority to recommending high-tech projects with independent patent rights and meeting relevant conditions to be included in the relevant national economic and technological plans. Give priority to recommending high-tech products with independent patent rights to the society. We will adopt an inclined support policy for new products and technologies with independent patent rights, certain industrial scale and market prospects. Local governments can formulate specific measures according to local conditions to encourage and support the implementation and industrialization of patented technologies. Encourage and support local governments to establish patent funds, and encourage enterprises to establish enterprise patent funds.
Twenty-eighth to encourage and support enterprises to rely on institutions of higher learning, research institutes and other social and technical forces to carry out technological innovation activities for the purpose of patents. Support institutions of higher learning, research institutes and technology holders to share shares with patent rights and cooperate with enterprises to form new business entities. Encourage enterprises to introduce patents from institutions of higher learning or research institutes for technological innovation.
Article 29 The local patent administration authorities shall encourage the development of social patent intermediary service institutions serving enterprises, guide and help the establishment of enterprise patent workers' associations, patent consultants' associations and other social organizations related to enterprise patent work in the region, and give professional guidance. Chapter V Benefit Distribution and Reward
Article 30 An enterprise shall, in accordance with the Patent Law, its implementing rules and the requirements of relevant national policies, establish a reasonable patent benefit distribution and reward system within the enterprise. Regularly evaluate the patents made by enterprise patent inventors or designers and their implementation benefits, and cash in the benefits and rewards that should be distributed. The distribution and reward of patent benefits should correspond to the contributions of patent inventors and designers and the benefits of patent implementation. The distribution and reward of patent benefits can take the form of equity distribution, one-time payment of the amount to be distributed, or royalty according to a certain proportion of the implementation benefits, which is in line with national policies.
Article 31 When distributing and rewarding patent benefits, an enterprise may, in accordance with the evaluation requirements stipulated by the state, organize a special committee to evaluate patents and their implementation benefits.
Article 32 If the inventor or designer of a service patent has a major objection to the enterprise's evaluation, benefit distribution and reward of its service patent and its implementation benefits, he may appeal to the patent administration authority where the enterprise is located and request for handling. If the complaint is substantiated, the patent administration organ may urge the enterprise to re-evaluate and distribute the award, or directly deal with it according to law. An enterprise shall fulfill the decision made by the patent administration organ.
Article 33 In the technological innovation activities carried out by enterprises relying on the cooperation of Industry-University-Research, enterprises shall pay the remuneration equivalent to their actual contributions to the patent completers and patent implementers of universities and scientific research institutes, and may pay remuneration in the form of equity income distribution and other forms in line with national policies. An enterprise may stipulate in the contract signed before the research and development the distribution ratio of the patentee after the completion of the research and development.
Article 34 An enterprise shall take patented inventions and design achievements as an important basis for evaluating the work of technical personnel. Enterprises in the appointment of technical personnel positions and give relevant incentives, it should be its application for patents and patents, as one of the main basis for assessment. If the service patents made by enterprise technicians have produced outstanding benefits, they can be promoted to professionals with outstanding contributions when evaluating technical positions.
Thirty-fifth enterprises to carry out the identification, acceptance and reward of technological innovation projects should take the application for patents and patents as an important basis for evaluation.
Article 36 The patent administrative organs and macro-control departments at all levels shall timely commend enterprises, outstanding projects and advanced individuals who have made outstanding achievements in patent technology innovation, as well as patent offices, patent workers, patent consultants and other patent workers who have made outstanding contributions in enterprise patent work. Persons who have made outstanding achievements in the patent work of enterprises and won commendation and awards shall regard their achievements as one of the main basis for post appointment and promotion. Chapter VI Responsibility and Punishment
Article 37 An enterprise may formulate its own specific accountability system according to these Measures. In violation of the provisions of these measures, resulting in the loss of patent assets and other property of enterprises, the responsible personnel shall be given administrative sanctions.
Thirty-eighth failure to apply for a patent in time or neglect the patent protection work to cause serious losses to the enterprise, the relevant person in charge of the enterprise and the person directly responsible shall bear the responsibility according to the national policies and regulations and enterprise rules and regulations. Where an employee applies for a patent for a service invention-creation as a non-service invention-creation, or there are other serious violations of the provisions of these Measures, which infringe upon and damage the rights and interests of the enterprise and cause serious losses to the enterprise, the enterprise shall take measures according to law and investigate its due responsibilities.
Article 39 Where an enterprise patent consultant neglects his duties, improperly performs his duties or divulges secrets, thus causing losses to the enterprise, he shall bear corresponding responsibilities in accordance with relevant laws, regulations and policies. The patent administrative organ may, according to the fault of the patent consultant, make corresponding punishment according to the relevant provisions. Supplementary rules