The patent administrative department of the county (city, district) people's government shall, in accordance with the provisions of these regulations, carry out relevant patent protection work.
Other relevant administrative departments shall, in accordance with their respective duties, cooperate in patent protection.
The management committees of high-tech development zones, economic and technological development zones and agricultural high-tech industrial demonstration zones approved by the State Council are responsible for patent protection in the development zones. Article 5 The people's governments at or above the county level and their departments in charge of patent work shall commend and reward the units and individuals that have made remarkable achievements in patent protection. Chapter II Patent Management Article 6 People's governments at or above the county level shall strengthen patent publicity and education, enhance the awareness of patent protection of the whole society, and encourage units and individuals to apply for patents in China and foreign countries in time for inventions and creations that meet the requirements for applying for patents.
The people's governments of provinces and cities divided into districts shall set up patent funding funds to subsidize qualified units and individuals within their respective administrative areas to apply for or implement patents. Article 7 Enterprises and institutions shall establish internal patent protection and management systems, publicize patent laws and regulations and relevant patent knowledge, educate employees to respect the patent rights of others and safeguard their legitimate rights and interests.
Relevant trade associations shall encourage members to apply for and implement patents, urge members to respect other people's patents, support members to safeguard their own patents, provide members with information and consulting services on patented technologies in their own industries, and promote the implementation and application of patented technologies in their own industries. Article 8 A unit that has been granted a patent right shall, in accordance with the provisions of patent laws and regulations, reward the inventor or designer of a service invention-creation; Anyone who exploits a patent by himself or licenses others to exploit a patent shall pay remuneration to the inventor or designer of a service invention-creation in accordance with the provisions of laws and regulations; 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.
Awards or remuneration can be paid in cash, shares, equity gains or other ways. The amount, time and method of payment shall be agreed upon by the parties, but shall not be lower than the minimum standards stipulated by laws and regulations. Article 9 Students who participated in the service invention-creation before resignation, retirement or transfer of employees and before graduation shall return all the technical materials related to the service invention-creation to the restoring unit and be responsible for keeping them confidential.
The right to apply for a patent belongs to the invention-creation related to the job or the task assigned by the original unit within one year after the employee resigns, retires or transfers his job.
Where the inventor, designer and service invention-creation entity have otherwise agreed on the ownership of patent application right and patent right, such agreement shall prevail. Article 10 State-owned enterprises and institutions shall, before engaging in technology development, import and export trade or establishing joint ventures or cooperative enterprises at the price of patent rights, conduct relevant patent searches by themselves or entrust patent intermediary service agencies. Eleventh patent technology in any of the following circumstances, the relevant administrative departments shall examine the applicant or the patent search report submitted by the applicant; Not submitted, the relevant administrative departments shall not project or award:
(a) to apply for government-funded research and development or technological transformation projects;
(two) to declare the transformation project of high-tech achievements;
(three) to declare the science and technology award. Article 12 An institution engaged in patent intermediary services shall meet the qualification requirements stipulated by the state, and carry out corresponding patent agency, patent search, patent evaluation and patent licensing trade business after being registered according to law.
Patent intermediary service institutions shall not issue false patent literature retrieval reports or patent assets evaluation reports, and shall not harm the legitimate rights and interests of patentees and other parties or the interests of the public.
The department in charge of patent work shall strengthen the guidance and supervision of patent intermediary service institutions. Article 13 The patentee or licensee has the right to mark the patent mark and patent number only belonging to the patented product on its patented product, product packaging and publicity materials. Marking the patent mark and patent number shall conform to the specification requirements of the patent administration department of the State Council. Article 14 Where an advertisement is used to publicize patented technology and patented products, a marketing unit sells patented products or entrusts a printing unit to print patent marks, the patentee or a unit or individual that implements patents according to law shall provide the advertising examination and approval department, the marketing unit and the printing unit with patent certification documents issued by the patent administrative department of the State Council and its authorized department for patent administration. If the patent certification documents are not provided, advertisements or sales or printing shall not be published.