Article 2 (Competent Department) Shanghai Intellectual Property Office (hereinafter referred to as the Municipal Intellectual Property Office) is responsible for the examination, implementation and management of patent grants.
Article 3 (Types of Funding) The types of patent funding in these Measures include patent fee funding and special funding.
Article 4 (Patent Fee Subsidy) Anyone who submits patent application documents to the Shanghai Agency of China National Intellectual Property Administration Patent Office or applies for a patent abroad, and the first patent applicant meets one of the following conditions, may apply for patent fee subsidy:
(1) The first applicant for a patent is an enterprise, institution, organ or social organization registered in this Municipality;
(two) the first applicant for a patent is an individual with a household registration or residence permit in this city.
Article 5 (Items and Amount Funded by Patent Fees) The items and amount funded by patent fees are as follows:
(1) The application fee for a patent for invention, utility model or design shall be subsidized according to the actually paid fee;
(two) the substantive examination fee for the authorized invention patent is funded according to the actual fee paid;
(3) The authorization fee for the invention patent and the annual fee for the second and third years after authorization shall be subsidized according to the actually paid fees;
(four) the licensing fees for utility model and design patents shall be funded according to the actual fees paid;
(five) to apply for a patent for invention in Hong Kong or Macao, and after authorization, the maximum one-time subsidy for each item is 10000 yuan;
(6) Anyone who applies for a foreign invention patent will receive a maximum subsidy of 30,000 yuan for each authorization granted by 1 country, and each invention patent will receive a maximum subsidy of 3 countries.
Authorization fee refers to the patent registration fee, printing fee, annual fee for the year of authorization and maintenance fee for the invention patent.
Each patent application can only enjoy one patent authorization.
Article 6 (Special Grants) Where the applicant for the first patent belongs to the grantee of Article 4 of these Measures and is also included in the following scope, he may enjoy special grants in addition to the grant of patent fees:
(1) Enterprises and institutions voluntarily declared and approved by relevant government departments;
(two) enterprises and institutions that undertake major projects and major projects of the state or this Municipality;
(3) Participating units of major innovation activities organized by relevant government departments.
Article 7 (Special Funding Projects and Amount) The special funding projects and amounts are as follows:
Each domestic invention patent application is funded by RMB 3,000, each utility model patent application is funded by RMB 800 yuan, and each design patent application is funded by RMB 300 yuan.
Article 8 (Restrictions on Special Funding) Each patent application that meets the requirements of special funding can only enjoy one special funding.
Enterprises and institutions enjoy special funding with limited amount, and the specific amount shall be separately stipulated by the Municipal Intellectual Property Office.
The applicant for the same patent belongs to one of the following circumstances, and can only apply for a special grant for one of the patents:
(a) to apply for a patent for invention and a patent for utility model for the same technical scheme;
(2) applying for multiple invention patents for different combinations or proportions of related technical features of the same technical scheme;
(3) Apply for multiple design patents for combinations of similar patterns and colors.
Article 9 (Preliminary Examination of Special Funds) An application for special funds shall be submitted to the Municipal Intellectual Property Office for examination and handling after preliminary examination by the relevant government departments:
(1) Enterprises and institutions voluntarily declared and approved by the relevant government departments shall be examined by the government departments that approved the units;
(two) enterprises and institutions that undertake major projects and major projects of the state or this Municipality shall be examined by the competent government department of this unit;
(three) if it belongs to the participating units of major innovation activities organized by relevant government departments, the preliminary examination shall be conducted by the government departments that organize the activities.
Article 10 (Acceptance, Examination and Subsidy) Applicants for patent grants and special grants shall submit true and complete application materials to the Municipal Intellectual Property Office for acceptance and examination. No violation of the relevant provisions of these measures is found in the review, and the Municipal Intellectual Property Office shall make a decision on funding and notify the applicant to apply for funding.
If it is found in the evaluation that the applicant for funding has fraudulent behavior or other circumstances that do not conform to the provisions of these measures, the Municipal Intellectual Property Office shall make a decision not to grant funding.
The decision on whether or not to grant financial aid shall be made within 2 months after the financial aid applicant applies.
Article 11 (Legal Liability of Applicants for Funding) An applicant who refuses funding due to fraud shall not enjoy special funding within two years from the date of receiving a written decision not to grant funding.
If the applicant defrauds patent fee subsidies and special subsidies by improper behavior, and the circumstances are serious enough to constitute a crime, the Municipal Intellectual Property Office shall transfer it to judicial organs for handling.
Article 12 (Legal Responsibility of Examiners) Any staff member of the Municipal Intellectual Property Office who violates discipline or operating rules in the process of accepting, examining and verifying financial aid shall be dealt with according to the Civil Service Law of People's Republic of China (PRC).
Article 13 (Interpretation and Entry into Force) The Municipal Intellectual Property Office shall be responsible for the interpretation of these Measures.
These Measures shall come into force as of March 1 2007, and the original Shanghai Patent Funding Measures (No.41No.2005) shall be abolished at the same time.