Science and technology, economy and trade, industry and commerce, taxation, public security, customs, culture, quality and technical supervision, radio and television, press and publication and other relevant departments. These Regulations shall be implemented in coordination according to their respective responsibilities. Article 5 Units or individuals engaged in research and development within the administrative area of this Municipality shall establish archives of research and development projects to record the whole process of research and development in detail.
In the event of a patent ownership dispute, the department in charge of patent work may require the parties to provide research and development project files. Article 6 Where an entity has any objection to an individual's application for a patent for a non-service invention-creation, it may request the administrative department for patent affairs to handle it. The time limit for processing the request is two years, counting from the day when the unit knows or should know. When an individual applies for a patent, the name of the invention-creation, the patent application documents, the date of patent application and the patent application number have been registered with the unit for the record, and the unit is deemed to be aware of it. Seventh individuals who have objections to the patent application for service invention-creation may complain to the municipal administrative department for patent work. The municipal administrative department for patent work shall file an investigation and handle the case, and keep the identity of the complainant confidential. Article 8 The right to apply for a patent for a service invention-creation completed by a person who is studying and studying in different units during the study and study period may be stipulated by the sending unit and the receiving unit in the study and study contract; If it is not agreed, it shall be returned to the receiving unit. Article 9 Before leaving the original unit, the personnel who terminate the labor relationship with the original unit shall return all the relevant technical data, experimental data, instruments and equipment, products and testing records that have been completed or are in progress. Shall not disclose or sell relevant information to other units or individuals, and the original unit shall not apply for a patent for service invention-creation. Article 10 When signing a research and development project contract with the project undertaker, the relevant government departments shall specify the measures for patent application, patent protection, patent implementation and promotion. Article 11 In any of the following circumstances, the patentee shall provide the relevant departments with valid proof of his patent right:
(a) the application of municipal science and technology and economic planning projects contain patented technology;
(2) The patent right is pledged;
(3) requesting the patent administration department or the customs to protect the patent right;
(four) to apply for preferential tax treatment for patented products;
(five) other need to determine the validity of the patent right. Article 12 When publishing a patent advertisement, the patentee or the patentee shall provide a valid patent certificate issued by the patent administration department of the State Council or its authorized department for patent administration.
No unit or individual may design, produce or publish patent advertisements without providing valid certification documents of patent rights. Thirteenth any of the following circumstances need to be approved by the relevant government departments, it shall provide a patent search report:
(a) the import or export of technology, complete sets of equipment or key equipment;
(2) Imported products and materials have never been sold in China;
(3) The exported products and materials have never been sold in the importing country;
(four) research and development projects that are applied for inclusion in the government plan;
(five) the application for identification, registration or award of scientific research achievements;
(six) other patent documents that need to be retrieved.
After the completion of the project listed in Item (4) of the preceding paragraph, the project undertaker shall provide the patent search report of the achievement to the project examination and approval department. Article 14 A unit that has been granted a patent right shall, within the validity period of the patent right, give the inventor or designer bonuses and remuneration in accordance with state regulations. Article 15 No unit or individual may disclose or sell the contents of patent application documents that have not been disclosed or announced by others. Article 16 To hold a patent information conference or patent product exhibition, you should hold the approval document of the patent administration department of the State Council or its authorized department for patent work, go through the relevant formalities with the administrative department for industry and commerce, and report to the municipal department for patent work for the record. Article 17 Where the patentee and the patentee indicate the patent mark on the patented product, product packaging or instructions, they shall also indicate the patent number. Article 18 The municipal administrative department for patent affairs shall be responsible for investigating and handling patent counterfeiting within the administrative area of this Municipality, and handling patent disputes within the administrative area of this Municipality. Article 19 The municipal administrative department for patent affairs may, according to the complaints of the obligee, investigate and deal with acts that infringe the patent right of others or infringe the same patent right in various ways, and order the infringer to immediately stop the infringement and punish it according to law.
The act of infringing the patent right of others mentioned in the preceding paragraph refers to the act of infringing the patent right of others by a unit or individual that has been dealt with by the administrative department for patent affairs or ruled by the people's court; Multi-party infringement of the same patent right refers to the infringement of the patent right by more than three units or individuals knowing that others have the patent right.