Interim Measures of Guiyang Municipality on the Administration of Patent Work

Article 1 In order to encourage invention and creation, encourage technological innovation, strengthen patent management, and protect the legitimate rights and interests of patentees and relevant citizens, legal persons and other organizations, these Measures are formulated in accordance with the Patent Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the patent application right and patent management, patent implementation and licensing, patent information dissemination and utilization, patent intermediary service agency management, patent administrative protection and other activities related to patent management within the administrative area of this Municipality. Article 3 The people's governments at all levels in this Municipality shall strengthen their leadership over the patent industry, raise the patent awareness of the whole society, incorporate the patent industry into the national economic and social development plan, and coordinate and handle major issues in patent management. Article 4 The Municipal Intellectual Property Office is the competent department of patent work of the Municipal People's Government, and is responsible for patent management within its administrative area. The departments in charge of patent work of the people's governments of all districts and counties (cities) shall be responsible for patent management within their respective jurisdictions. Other relevant departments shall, in accordance with their respective responsibilities, cooperate in patent management. Article 5 The municipal, district and county (city) people's governments shall commend and reward the units and individuals who have made remarkable achievements in patent work, made significant inventions and creations, achieved remarkable benefits from patent implementation, and made meritorious contributions in reporting and investigating patent counterfeiting. Article 6 The municipal, district and county (city) people's governments shall set up patent funds to subsidize and support the related expenses of patent applications for inventions and creations that are in line with the development direction of high-tech industries and have market prospects, as well as the investment in patent management such as patent strategy research and patent information database construction.

Patent funds are allocated by the special financial budget of the city, district and county (city), and are increasing year by year. Measures for the administration of patent funds shall be formulated separately. Article 7 Enterprises and institutions shall strengthen patent management and establish and improve the patent management system. The department in charge of patent work shall strengthen the guidance on patent work of enterprises and institutions.

Conditional enterprises and institutions can arrange certain special funds for the patent protection and management of their own units. Article 8 Units and individuals are encouraged to apply for patents at home and abroad in time for inventions and creations that meet the requirements for patent application. Article 9 Units shall encourage and support employees to make inventions and apply for patents, respect employees' job inventions and creations, and take employees' application for patents and patent rights as one of the main basis for performance appraisal. Article 10 A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation according to law; Anyone who exploits or licenses others to exploit a patent shall pay remuneration to the inventor or designer of the service invention-creation according to law; Where the patent right is transferred, remuneration shall be paid to the inventor or designer of the service invention-creation with reference to the provisions on licensing others to exploit the patent.

Where a service invention has a share of the patent right, the unit granted the patent right shall extract not less than 20% of the income from the share as the remuneration of the inventor or designer.

Where the unit granted the patent right has other written agreements with the inventor or designer on awards and remuneration according to law, such agreements shall prevail. Article 11 Where a non-service invention-creation is granted a patent, it belongs to an invention patent, a utility model patent and a design patent, and it may apply to the patent administrative department of the district or county (city) where it is located for an award. Article 12 A patent right may be invested at a fixed price. Involving state-owned assets, assets should be evaluated through legal institutions according to procedures. Where non-state-owned patented assets are involved, the owner or interested party shall entrust a qualified evaluation agency to evaluate them. The evaluation results shall be reported by the evaluation institution to the State Patent Administration Department for the record and copied to the Municipal Patent Administration Department. Article 13 When a person who undertakes a service invention-creation retires or terminates the labor relationship with the original unit, he shall return all the technical materials related to the patent application to the original unit. The unit should reach an agreement with the employees in this regard. Article 14 In any of the following circumstances, the applicant or the applicant shall submit a patent search report; If the applicant or the applicant fails to submit, the project will not be established, recognized or awarded:

(a) to apply for government-funded research and development or technological transformation projects;

(two) to declare the city's high-tech achievements transformation project;

(three) to declare the provincial and municipal science and technology progress award project.

All government-funded research and development or technological transformation projects, after achieving initial results and completing them on this basis, shall provide patent search reports to the project authorities.

Patent search reports can be issued by patent intermediary service agencies. Article 15 Under any of the following circumstances, the parties concerned shall reach an agreement on patent application, patent application fee, patent annual fee and benefit distribution 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;

(three) there are inventions during the study in other units;

(4) cooperating or entrusting to complete the invention and creation;

(five) to sign other scientific and technological research and development contracts. Article 16 The legal status of a patent shall be determined under any of the following circumstances:

(a) to declare the city's science and technology economic plan of the project contains a patent right;

(2) Using the patent right as the capital contribution or evaluating the patent assets;

(3) requesting the patent administrative department or the customs to protect the patent;

(four) the establishment of enterprises, asset restructuring, the introduction of overseas technology or overseas processing involving patent rights;

(five) the technology or product export project involves the patent right of the importing country or region;

(six) the sale of goods involves patent rights or patent applications;

(7) Holding exhibitions, exhibitions, promotion meetings and trade fairs of various technologies and products involving patent rights or patent applications;

(eight) other patent legal status that should be recognized.

Patent legal recognition shall be handled by the administrative department for patent work at or above the city level.