Other relevant administrative departments shall, in accordance with their respective responsibilities, cooperate in patent management. Article 5 The people's governments of cities, counties (cities) and districts shall set up special funds for patents. Patent special funds are used for patent applications, patent technology industrialization projects and major invention patent awards of citizens, legal persons or other organizations within their respective administrative areas.
Measures for the administration of patent special funds shall be formulated separately by the municipal and county (city) and District People's governments. Article 6 The departments in charge of patent work of the municipal, county (city) and district people's governments shall strengthen the guidance on patent work of enterprises and institutions, assist enterprises and institutions to establish and improve the patent management system, and train patent management personnel. Article 7 Enterprises and institutions shall track the patent information in research and development, technological transformation and other work, establish patent-related research and development files, and record the whole process of research and development. For inventions and creations that meet the requirements and need to apply for patents, they shall apply for patents in time. Article 8 Enterprises and institutions shall encourage and support employees to make inventions and creations; Respect employees' non-service inventions and do not suppress employees' application for patents for non-service inventions. Article 9 Under any of the following circumstances, at the request of one party, the two parties shall reach an agreement on matters such as the right to apply for a patent and the ownership of the patent right in accordance with the principle of equality and voluntariness:
(a) making use of the material and technical conditions of the unit to make inventions;
(two) individuals engaged in invention and creation part-time;
(3) cooperating or entrusting inventions and creations;
(4) Having made inventions while studying or working in other units;
(five) to sign other scientific research and development contracts. Article 10 Without the permission of the unit, no one may disclose or sell the technical data related to the invention and creation of the post to other units or individuals.
Personnel who leave the original unit due to termination, dissolution of labor relations or other reasons shall return the completed or ongoing experimental data, test records, sample prototypes and other technical data that have not been disclosed to the public to the unit before leaving the company. Article 11 A unit that has been granted a patent right shall, within 90 days from the date of announcement of the patent right, give a bonus to the inventor or designer. The bonus for an invention patent is at least 2000 yuan; The prize for a utility model patent or design patent shall be at least 500 yuan.
Where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the entity, the entity that has been granted the patent right shall give a bonus.
Bonuses awarded to inventors or designers can be included in the cost of enterprises, and institutions can be charged out of business expenses. Article 12 During the period of validity of the patent right, the entity granted the patent right shall extract not less than 5% from the profits obtained from the patent for invention or utility model or not less than 2% from the profits obtained from the patent for design as remuneration to the inventor or designer, or pay it to the inventor or designer in a lump sum with reference to the above ratio.
Where a unit granted a patent right transfers or licenses others to exploit its patent, it shall withdraw not less than 20% of the after-tax patent transfer fee or patent exploitation license fee as the remuneration of the inventor or designer.
Where a unit granted a patent right shares at the price of the patent right, it shall withdraw not less than 20% of the patented shares as the shares of the inventor or designer, or pay them to the inventor or designer at a discount.
Where there are other agreements between the unit and the inventor or designer on the remuneration and shares to be withdrawn as stipulated in this article, such agreements shall prevail. Article 13 If a service invention-creation is not implemented within two years after being granted a patent right, the inventor or designer may agree with the entity to implement it on his own without changing the ownership of the patent right. Where a unit transfers the patent right, the inventor or designer shall have the priority to the transferee under the same conditions. Article 14 An inventor or designer who needs patent application and consulting services but is unable to pay for patent services may apply to the patent administration department for service assistance. After examination, the patent service agency designated by the patent administration department shall provide service assistance if it meets the prescribed conditions. Article 15 Where the patentee shares at a fixed price with the patent right, it shall evaluate the patent assets, and the proportion of the patent right in the fixed-price share capital shall be agreed upon by the cooperative parties in accordance with the provisions of relevant laws and regulations.
Where the patent right is funded at a fixed price and involves state-owned assets, the evaluation results shall be reported to the state-owned assets management department for the record.