Regulations of Xinjiang Uygur Autonomous Region on the Promotion and Protection of Patents (revised 20 12)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and other relevant laws and regulations, in combination with the actual situation of the autonomous region, in order to encourage inventions, promote the use of patents, strengthen patent protection and management, and safeguard the legitimate rights and interests of patentees. Article 2 These Regulations shall apply to patent creation, utilization, protection, management, service and related activities within the administrative area of the autonomous region. Article 3 Patent work shall follow the principles of encouraging creation, effective utilization, legal protection and scientific management. Article 4 People's governments at or above the county level shall strengthen their leadership over patent work, incorporate patent work into the national economic and social development plan of their respective administrative regions, establish and improve the patent management system, organize and implement the patent development strategy, and promote patent creation, application of patent achievements and industrial development. Article 5 The people's governments at or above the county level shall provide financial assistance to small and medium-sized enterprises and individuals for patent application, utilization and transfer, as well as research and development of patented products. Article 6 The people's government of the autonomous region shall set up patent awards to reward the units, inventors and designers of patent projects that have produced remarkable economic and social benefits. Article 7 The patent administrative department of the people's government at or above the county level (hereinafter referred to as the patent administrative department) is responsible for the promotion and protection of patents within its administrative area.

Development and reform, finance, state-owned assets supervision and management, economy and information technology, science and technology, education, commerce, public security, industrial and commercial administration, quality and technical supervision, taxation and other relevant departments shall, according to their respective responsibilities, do a good job in patent promotion and protection. Article 8 People's governments at or above the county level and their relevant departments shall strengthen the publicity and popularization of patent knowledge. Radio, television, newspapers, internet and other media should publicize patent knowledge and patent laws and regulations to enhance the patent awareness of the whole society. Chapter II Patent Creation Article 9 The people's governments at or above the county level shall arrange special funds for patent work in the annual budget at the corresponding level and gradually increase them according to the financial situation.

The special funds for patent work are mainly used for the following matters: (1) funding patent applications; (2) Promoting the implementation of patents; (three) patent protection, early warning and emergency assistance mechanism construction; (four) the construction of patent public service platform; (5) Training, exchange and cooperation of patent talents; (6) Awards for patentees who have made outstanding contributions; (seven) other matters of patent promotion and protection.

The financial and auditing departments of the people's governments at or above the county level shall, in accordance with their respective duties, supervise the use of special funds for patent work at the corresponding level. Article 10 Enterprises, institutions or individuals are encouraged to research and develop technologies and equipment that can greatly promote industrial development, and promote original innovation, integrated innovation, introduction, digestion, absorption and re-innovation, and obtain patents at home and abroad.

Encourage enterprises and institutions to establish internal patent talent performance evaluation and incentive mechanism.

Encourage the innovation of traditional technologies and processes of ethnic minorities, and form new technologies, new products and new processes. Eleventh enterprises and institutions to apply for patents, handle other patent affairs and introduce advanced patented technology and equipment, etc., should be included in the cost of enterprises or listed as non-operating expenses according to law.

The expenses incurred by enterprises and institutions for research and development of patented products shall enjoy preferential tax treatment in accordance with the provisions of relevant laws and regulations. Article 12 The relevant departments shall, when evaluating the projects of science and technology awards, technological innovation awards and patent awards, and approving the projects of scientific research and development, technological transformation and high-tech industrialization supported by financial funds, take whether the projects have or can produce patented technology as an important condition for evaluation.

Where the project specified in the preceding paragraph has patented technology, the applicant shall submit valid proof of the patent right to the relevant departments when applying for awards; When applying for financial support, the applicant shall submit a patent search report to the relevant departments. Thirteenth units that have been granted patent rights shall reward the inventors or designers of service inventions in accordance with the relevant provisions of the state and autonomous regions; Anyone who exploits a patent by himself, licenses others to exploit a patent or transfers a patent right shall pay remuneration to the inventor or designer of a service invention-creation according to law.

Awards or remuneration can be paid in cash, shares, equity income or other forms agreed by both parties. Fourteenth major inventors or designers of patented technologies that have played a significant role in technological progress and achieved remarkable economic and social benefits can, without exception, declare relevant professional and technical titles. Chapter III Application of Patents Article 15 The people's governments at or above the county level and their relevant departments shall strengthen the application of patents and support the implementation of patented technologies that conform to the industrial policies of the state and the autonomous region; Special funds should be given to support self-developed patented technology industrialization projects. Sixteenth units and individuals with related patented technologies are encouraged to establish patent alliances to promote the full utilization of patent resources.

Encourage and support institutions of higher learning, scientific research institutions and enterprises to cooperate in research, development and implementation of patented technologies. Seventeenth enterprises, institutions and individuals can promote the use of patents by means of patent application right transfer, patent transfer, patent license or patent pledge according to law.

The technical income obtained from the transfer of patent application right, patent right transfer and patent implementation license shall enjoy tax preference in accordance with the provisions of relevant laws and regulations.