The patent administration department of the county (city, district) people's government shall be responsible for the patent protection within its administrative area, assist the patent administration department at a higher level in handling patent disputes, and investigate and deal with acts of counterfeiting other people's patents and impersonating patents.
Other relevant administrative departments shall, in accordance with their respective duties, do a good job in patent protection. Article 4 The provincial patent administration authorities shall employ technical experts to form a patent protection technical appraisal committee in accordance with relevant regulations.
Entrusted by the patent administration authorities, people's courts, arbitration institutions and other units and individuals, the Patent Protection Technical Appraisal Committee conducts technical appraisal in accordance with relevant laws and regulations. Chapter II Protection and Management of Patents Article 5 A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation; After the patent is implemented, the inventor or designer shall be given reasonable remuneration in accordance with the relevant provisions of the state and this province; An inventor or designer who has achieved remarkable economic benefits from the exploitation of a patent shall be rewarded handsomely. Article 6 No unit or individual may exploit another's patent, pass off another's patent or pass off a patented product or method with a non-patented product or method.
No unit or individual may intentionally provide convenient conditions such as funds, places, means of transportation, production equipment or printing marks for counterfeiting other people's patents or impersonating patents. Article 7 The patent administration authorities may investigate and deal with the following acts:
(a) counterfeiting the patent of others;
(2) Pretending to be a patent;
(3) continuing to infringe the patent right after being dealt with according to law;
(four) other major patent infringement. Article 8 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 may use patent anti-counterfeiting marks. Article 9 In the production of patented products and the trading of patented technology, the patentee or the patentee shall provide valid proof of the patent right. Article 10 An advertiser shall have or provide a certificate of validity of the patent right issued by the patent licensing authority when advertising patented products or patented technologies; Advertising agents and publishers shall not design, produce or publish advertisements for those who cannot provide valid certification documents. Eleventh state-owned patent assets in any of the following circumstances, the patent assets shall be assessed by an asset appraisal institution established according to law:
(1) Transferring the right to apply for a patent or the patent right;
(2) The patent assets need to be priced before the legal person changes or terminates;
(3) Establishing Sino-foreign equity joint ventures and Sino-foreign cooperative enterprises with patented assets;
(4) Establishing a limited liability company or a joint stock limited company at the price of patented technology;
(five) the introduction of patented technology from abroad in various forms;
(six) other patent assets that need to be evaluated.
Units and individuals with non-state-owned patent assets may also apply for evaluation of their patent assets in accordance with these Provisions. Chapter III Handling of Patent Disputes Article 12 The parties to the following patent disputes may directly bring a suit in a people's court or request the patent administration authority to handle it:
(a) patent infringement disputes, patent application rights disputes or patent ownership disputes;
(2) Disputes over the transfer of the right to apply for a patent, the transfer of the patent right and the licensing of patent exploitation;
(3) Disputes over the qualifications of inventors or designers;
(4) Disputes over the cost of implementing the invention after the publication of the application for a patent for invention and before the grant of the patent;
(5) Disputes over rewards and expenses of the inventor or designer of the service invention-creation patent;
(6) Other patent disputes. Thirteenth patent disputes that meet the following conditions shall be accepted by the patent administration organ:
(a) the claimant is a unit or individual that has a direct interest in the patent dispute;
(2) Having a clear respondent, specific request and factual basis;
(three) the parties have not brought a lawsuit to the people's court or there is no arbitration agreement;
(4) It belongs to the management scope of the patent administration organ. Article 14 After accepting a patent dispute, the patent administrative authority shall notify the respondent to make a defense within 10 days from the date of filing the case, and the respondent shall submit the defense and relevant evidence within 15 days after receiving the notification of defense.
If the respondent fails to submit the defense on time, it will not affect the handling by the patent administration authorities. Article 15 In handling patent infringement disputes, the patent administrative organ may apply to the Patent Reexamination Board to suspend the handling procedure if the respondent requests to declare the patent of the claimant invalid. After receiving the written application submitted by the respondent and the notification of acceptance by the Patent Reexamination Board, the patent administration authority shall make a decision on whether to suspend the processing procedure and notify the relevant parties in writing.