The patent promotion and protection activities mentioned in these Regulations include the creation, utilization, protection and management of patents and related activities. Article 3 The promotion and protection of patents shall follow the principles of encouraging creation, effective utilization, legal protection and scientific management. Article 4 The people's governments at or above the county level shall strengthen their leadership over patent work, incorporate patent work into the national economic and social development plan, guarantee the funds for patent promotion and protection, and establish and improve the patent management system and mechanism. Article 5 The patent administrative department of the people's government at or above the county level shall be responsible for the promotion and protection of patents within its administrative area.
Development and reform, finance, industry and information technology, state-owned assets supervision, science and technology, commerce, agriculture, forestry, education, customs, public security, quality supervision, food and drug supervision, industry and commerce and other relevant departments shall, according to their respective responsibilities, do a good job in patent promotion and protection. Article 6 The patent administrative department of the people's government at or above the county level shall, jointly with relevant departments, establish a system of publicity, education and training on intellectual property rights, carry out publicity and training on intellectual property knowledge and relevant laws and regulations, and strengthen the training of intellectual property talents in administrative departments, enterprises and institutions and intermediary service institutions. Article 7 The people's government of the province shall set up the Yunnan Patent Award, and the people's governments of states (cities) and counties (cities, districts) may set up patent awards as needed to reward units and individuals that have made outstanding contributions in patent work and achieved remarkable economic and social benefits. Chapter II Patent Promotion Article 8 Provincial, state (city) people's governments shall set up special funds for the development of patent undertakings, and county (city, district) people's governments may set up or arrange special funds for the development of patent undertakings. Special funds, special funds included in the fiscal budget at the same level, and gradually improve with the economic and social development.
Special funds and special funds for the following matters:
(a) patent application and maintenance funds;
(2) Cultivation and implementation of patents;
(3) patent publicity training and personnel training;
(four) patent administrative law enforcement and rights protection assistance;
(five) the construction of patent information service platform;
(six) the development of patent intermediary services;
(seven) other matters of patent promotion and protection.
Special funds and special funds shall be used for special purposes, and shall be subject to the supervision of the auditing and financial departments. Specific measures for the administration and use shall be formulated by the patent administrative department of the people's government at or above the county level in conjunction with the finance department at the same level. Ninth provincial people's government should establish a patent examination system for major economic activities, to avoid the blind introduction, repeated research and development, loss and patent infringement risk of patent technology. Article 10 The departments in charge of patent work of the people's governments of provinces and prefectures (cities) shall establish and improve the working mechanism of patent information service, rights protection assistance, complaint reporting and reward, and provide services such as patent information retrieval, analysis, early warning and rights protection assistance. Eleventh people's governments at or above the county level and relevant departments shall encourage and support the creation and application of core technology patents in key industries such as modern biology, optoelectronics, high-end equipment manufacturing, new materials, new energy and energy conservation and environmental protection.
Development and reform, industry and information technology, science and technology and other relevant departments should regard patent rights as an important indicator for the establishment, implementation, assessment, acceptance and reward of research and development, technological transformation and high-tech industrialization projects supported by government financial funds. Article 12 The department in charge of patent work shall provide guidance and services to the patent work of enterprises, scientific research institutions, institutions of higher learning, trade associations and other units and organizations within their respective administrative areas, and urge and help them to establish and improve the patent management system. Article 13 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. If there is no agreement, it can be implemented in accordance with the following provisions:
(a) within 3 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 0.5% of the operating profit from the exploitation of the design patent shall be paid to the inventor or designer as remuneration every year, or the remuneration may be paid at one time with reference to the above ratio.
(3) If the patented technology is transferred or licensed to others for exploitation, no less than 20% of the transfer fee and use fee collected shall be extracted and paid to the inventor or designer as remuneration within 3 months after obtaining the transfer or license price.
Bonuses and remuneration can be paid in cash, equity income or other forms agreed by both parties.