The administrative departments of development and reform, economic information, science and technology, public security, commerce, radio and television, industry and commerce, press and publication, quality supervision, entry-exit inspection and quarantine, and customs shall do a good job in patent protection within their respective functions and duties. Article 6 The people's governments at or above the county level shall set up patent funding funds to fund units and individuals within their respective administrative areas to apply for patents, implement patented technologies and implement patent protection. Article 7 Establish an incentive mechanism for patent transformation and application to promote the transformation of patented technology into real productive forces. The specific measures shall be formulated separately by the provincial people's government.
Encourage and support units and individuals to actively apply for patents, improve the level of patent application, and do a good job in patent protection. Article 8 The administrative department for patent affairs shall establish a public information platform for intellectual property rights and a patent database for key industries, provide intellectual property information services such as patents, and promote the dissemination, development and utilization of patent information. Develop and standardize the patent trading market, encourage and support the establishment of patent technology trading institutions, promote patent technology trading services, and accelerate the commercialization and industrialization of patent technology.
The department in charge of patent work shall guide the patent work of enterprises, institutions and other organizations, help enterprises, institutions and other organizations to train patent management personnel, encourage enterprises, institutions and other organizations to formulate patent strategies and establish patent management systems. Article 9 The people's governments at or above the county level and their relevant departments shall strengthen the publicity and popularization of patent knowledge.
News media should actively carry out the publicity of patent laws, regulations and other patent knowledge. Encourage units and individuals to support and participate in the publicity and popularization of patent knowledge. Chapter II Promotion and Protection of Patents Article 10 Expenses incurred by enterprises, institutions and other organizations in the process of research, development, introduction, purchase and bidding for patented technologies, products and equipment shall be deducted, depreciated and amortized before tax in accordance with the relevant provisions of tax administration. Encourage those who meet the preferential tax conditions to enjoy the corresponding preferential tax. Eleventh scientific research and development, high-tech industrialization and other projects supported by government financial funds should take obtaining patent rights as one of the indicators of project establishment, evaluation and acceptance; Technical transformation projects supported by government financial funds should take obtaining patent rights as one of the conditions for priority support.
Identification and evaluation of high-tech enterprises and innovative enterprises, etc. The quantity and quality of patent rights should be regarded as an important indicator. Twelfth venture capital funds and venture capital institutions set up by the government's financial funds shall give priority to supporting patent technology industrialization projects. Thirteenth government procurement and other procurement using fiscal funds, should be in accordance with national requirements, under the same conditions, give priority to the procurement of independent innovation products. Fourteenth invention patents of state-owned enterprises and institutions and invention patents mainly funded by scientific research projects, which the provincial people's government considers to be of great significance to national interests or public interests, may decide to popularize and apply them within the approved scope according to law. The implementing entity shall pay royalties to the patentee in accordance with state regulations. Fifteenth enterprises, institutions and other organizations that have been granted patent rights, and the inventor or designer of the service invention-creation has an agreement, the agreement shall prevail; There is no agreement, in accordance with the following provisions:
(1) After obtaining economic benefits from the exploitation of the patent, the inventor or designer shall be paid a remuneration not less than 5% of the commercial profit from the exploitation of the invention patent or utility model patent or 5% of the commercial profit from the exploitation of the design patent within the validity period of the patent;
(2) If anyone licenses another person to exploit a patent, he shall, within three months after obtaining the patent license fee, draw not less than 20% of the patent license fee and pay it to the inventor or designer as a reward;
(3) Where the patent right is transferred, within three months after obtaining the patent right transfer fee, not less than 20% of the patent right transfer fee shall be extracted from the patent right transfer fee and paid to the inventor or designer as a reward;
(4) Where a patent loss compensation is obtained for rights protection, a proportion of not less than 20% shall be drawn from the patent loss compensation within three months after the compensation is obtained and paid to the inventor or designer as a reward;
(5) Where the patented technology is converted into shares in the form of shares, the inventor or designer may obtain the shares or the remuneration not less than 20% of the price of the patented technology at the time of shareholding.
Awards and remuneration can be paid in a lump sum by quota or other forms, and the standard shall not be lower than the relevant provisions of the state.
The awards and remuneration of state-owned enterprises for patents are listed separately outside total wage base.