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 Staff and Institutions of Enterprises Article 5 Enterprises with conditions shall be equipped with full-time patent staff and set up 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 does not have the conditions to be equipped with patent staff, it may hire professionals with registered practice qualifications from social intermediary institutions as patent consultants to help enterprises 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 clearly 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 activities such as training and exchange of patents and business of other organs. 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 Patent Property Management 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) to regulate the activities related to the rights and interests of floating personnel in the development of patent technology;
(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 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.