Science and technology, economy and trade, education, public security, customs, finance, development and reform, industry and commerce administration and other departments shall, according to their respective responsibilities, do a good job in patent management. Article 4 The municipal, district and county people's governments shall incorporate patent work into the national economic and social development plan, establish a patent evaluation system and an examination and reward system, set up a technological invention award, popularize patent knowledge, and coordinate the handling of major issues in patent management. The municipal, district and county people's governments shall set up special funds for patents and incorporate them into the fiscal budget. Article 5 The patent administrative department shall strengthen the guidance on the patent work of enterprises and institutions, assist enterprises and institutions to establish and improve the patent management system, publicize patent laws and regulations, and provide patent information services. Article 6 A patent search shall be conducted for projects included in the government plan or government investment. Where it is necessary to apply for a patent, the relevant administrative department and the project undertaker shall sign a written contract to clarify the patent management objectives and determine the measures for patent application, patent protection, patent implementation and promotion. Article 7 When awarding scientific and technological achievements and identifying high-tech enterprises and engineering technology research centers, the relevant administrative departments shall take the patent ownership and patent management system as important indicators. Article 8 The establishment of patent service institutions such as patent agency, patent technology trade, patent asset evaluation, patent information retrieval and patent consultation shall comply with the relevant provisions of the state. The municipal patent administration department shall strengthen the guidance and supervision of patent service institutions. Article 9 When publicizing and selling patented technologies and products, the documents certifying the validity of the patent right shall be marked.
Where patents are involved in advertisements, advertisers shall provide advertising agents and publishers with patent certificates issued by the patent administration department according to law. Article 10 The patentee or patent exploitation licensee has the right to indicate the patent mark and patent number on its products, product packages or product specifications. Eleventh enterprises and institutions should gradually establish a patent management system, and enterprises and institutions that have the conditions can set up institutions or equip full-time patent management personnel to adapt to the patent management work of their own units. Twelfth enterprises and institutions in research and development, technological transformation, technology trade, etc., should carry out patent information tracking, establish patent-related research and development files, and apply for patents in time for inventions and creations that meet the requirements and need to apply for patents. Article 13 Enterprises and institutions shall encourage and support employees to make inventions and creations, and respect employees to apply for patents for their non-service inventions and creations. Article 14 A patent right transfer contract, a patent application right transfer contract and a patent licensing contract shall enjoy the preferential tax policies of the state for technology transactions if they are legally recognized and registered. Article 15 Under any of the following circumstances, the parties may reach an agreement on matters such as the right to apply for a patent and the ownership of the patent right on 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;
(5) Signing scientific and technological research and development contracts. Article 16 Without the consent of the unit, no one may disclose or sell the technical data related to the service invention-creation to other units or individuals. Those 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. Article 17 A unit that has been granted a patent right shall pay bonuses and remuneration to the patent inventor or designer according to law. Article 18 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. Where a unit transfers a patent right, under the same conditions, the inventor or designer has the priority to transfer it. Article 19 Where the patentee makes a contribution at a fixed price with the patent right, it shall evaluate the patent assets, and the proportion of the investment at a fixed price with the patent right to the registered capital shall be agreed upon by the parties to the cooperation according to law.
If the patent right is invested at a fixed price and cooperates with state-owned assets, the evaluation results of patent assets shall be reported to the state-owned assets management department for the record. Article 20 In any of the following circumstances, the patentee or interested party shall provide valid proof of the patent right to the relevant competent department:
(a) to apply for the patent rights involved in science and technology and economic planning projects;
(2) The patent right is pledged;
(3) requesting the patent administration department or the customs to protect the patent right;
(four) to participate in all kinds of technology and products exhibitions, exhibitions, promotion meetings and trade fairs involving patent rights;
(five) other need to determine the validity of the patent right.