No unit or individual may illegally implement, counterfeit or impersonate other people's patents; Shall not provide conditions for others to illegally implement, counterfeit or impersonate patents. Article 4 The patent administration organs of the people's governments at or above the county level shall be responsible for patent protection within their respective administrative areas, handle patent disputes according to law, and investigate and deal with patent counterfeiting and patent impersonation.
Science and technology, economy and trade, public security, customs, industry and commerce administration, technical supervision, taxation and other relevant departments. They shall, in accordance with their respective functions and duties, assist the patent administration authorities to do a good job in patent protection.
Enterprises and institutions shall establish a patent work system and do a good job in patent protection. Article 5 The provincial patent administration authorities may, as required, employ relevant experts to form an expert committee.
The expert committee may be entrusted by the people's court, the patent administration authority, the arbitration commission and other units and individuals to conduct technical appraisal related to patent protection in accordance with relevant laws and regulations. Article 6 People's governments at all levels and their relevant departments shall, in accordance with the high-tech product policy, give support to patented products with high technical content identified by the expert committee. Chapter II Right of Patent Application and Protection of Patent Right Article 7 Units and individuals are encouraged to apply for domestic and foreign patents for patented inventions and creations according to law.
Without permission, no unit or individual may apply for a patent for the invention and creation of others.
Before the patent application is made public, the personnel related to the patent application shall perform the obligation of confidentiality according to law, and may not transfer the technology without permission. Article 8 Patent service agencies and patent agents shall, after accepting the entrustment of patent applicants, patentees or inventors and designers, provide them with patent agency, consulting and other services according to law. Article 9 The owner or holder of the patent right shall, within 3 months after being granted the patent right, give the inventor or designer a bonus according to law; The inventor or designer shall, after obtaining economic benefits from the exploitation of the patent, pay remuneration according to law every year; Where another person is licensed to exploit his patent, the inventor or designer shall be paid according to law within 3 months after obtaining the licensed benefits. Article 10 The patentee and the patent exploitation licensee have the right to mark the patent mark and patent number on their patented products or the packaging of patented products, and affix the patent anti-counterfeiting mark supervised by the provincial patent administration organ. Article 11 The patent assets appraisal shall be undertaken by a full-time patent assets appraisal institution established in accordance with the law and having obtained the asset appraisal qualification certificate issued by the provincial state-owned assets management department, and the appraisal results shall be submitted to the provincial patent management authority for the record.
In any of the following circumstances, the state-owned patent assets possession unit shall apply to the state-owned assets management department for project establishment and patent assets evaluation:
(1) Transferring the right to apply for a patent or the patent right;
(two) the change or termination of the legal person needs to price the patent assets;
(3) licensing foreign economic organizations or individuals with state-owned patent assets to implement or conduct joint ventures or cooperation;
(4) Establishing a limited liability company or a joint stock limited company with patented assets as capital contribution;
(five) the introduction of patented technology from abroad;
(6) The property right in the patent right is pledged;
(seven) other circumstances in which the provincial state-owned assets management department considers it necessary to evaluate the patent assets.
Non-state-owned patent assets need to be evaluated, and an evaluation institution with asset evaluation qualification shall be entrusted for evaluation. Twelfth patent advertising, must obtain the "patent advertising certificate" issued by the patent administration authority authorized by the state, can go through the formalities for examination and approval of advertising.
Anyone who publicizes and promotes patented products and patented methods in other forms shall produce a certificate issued by the patent administration organ that the patent right is valid. Article 13 Any unit or individual that exploits the patent of others must conclude a written license contract with the patentee. After the signing of the contract, both parties may register with the patent administration authority at the place where the contract is signed or the place where the contract is performed.
Where the financial rights in the patent right are pledged, a written pledge contract must be concluded, and after examination by the provincial patent administration organ, the pledge registration and announcement formalities shall be handled with the state patent administration organ. The patent pledge contract shall take effect from the date of registration. Fourteenth the establishment of patent agency, consulting, information and other service institutions shall be subject to the examination and approval of the provincial patent management authority; The establishment of a unit with the name of "patent" shall obtain the consent of the patent administration organ. Fifteenth in any of the following circumstances, it shall submit the patent retrieval report issued by the patent literature retrieval institution recognized by the provincial patent administration authority to the relevant competent department:
(a) major scientific research and the establishment of new technologies and products;
(2) Import and export trade of patented technologies and equipment;
(3) Overseas economic organizations or individuals bid for Sino-foreign joint ventures or cooperative enterprises with patented technology and equipment as investment;
(4) Evaluation of scientific and technological achievements.