The departments in charge of patent work in county-level cities and districts shall, under the guidance of the municipal patent management department, do a good job in patent management within their respective administrative areas.
The administrative departments of science and technology, economy and trade, foreign trade and economic cooperation, public security, customs, industry and commerce, press and publication, culture, radio and television, education, taxation and quality and technical supervision shall, according to their respective functions and duties, do a good job in patent promotion. Article 5 Special funds for patents shall be set up according to the financial budget level to support the application, protection and promotion of patents with high technical content, good market prospect or advanced nature in this industry. Article 6 Units and individuals are encouraged and supported to make inventions and apply for patents at home and abroad. Respect and protect non-service inventions and creations. Encourage and support the introduction, implementation and transfer of patented technology.
City set up outstanding patent awards to reward patentees and patent technology implementation units that meet the city's industrial policies, have good market prospects, and have entered industrialization.
Projects that have obtained patent rights for inventions or utility models and achieved remarkable economic or social benefits after implementation may directly declare the Municipal Science and Technology Progress Award. Article 7 The patent administrative department and relevant departments and units shall strengthen the publicity of patent knowledge, do a good job in the training of patent management and service personnel, and improve the patent awareness of the whole society and the quality of management and service personnel.
The patent administrative department shall promote the construction of patent information service network, strengthen the guidance of patent work, and organize and promote the implementation of major patented technologies. Eighth to encourage and support all kinds of industry associations to formulate and implement the patent promotion related management system, to carry out inter-industry exchanges, inter-industry cooperation, market development and other activities, to promote patent application, protection and popularization and application. Article 9 Enterprises and institutions shall establish a patent work system and specify the institutions and personnel responsible for patent work.
Enterprises and institutions in research and development, technological innovation and other work, should carry out patent information tracking, establish relevant patent technology files, to avoid repeated research, patent infringement.
Enterprises and institutions shall apply for patents in time for inventions and creations suitable for patent application, and take appropriate protective measures for other inventions and creations. Tenth research and development projects included in the government plan, the project centralized management department should take the improvement of the patent management system as an important condition to determine the project undertaker.
The project undertaker shall submit the feasibility analysis report of intellectual property rights of the project to the centralized management department of the project when applying for project establishment.
If the research results produced after the completion of the project need to apply for patent protection, it shall organize an appraisal after applying for a patent. Article 11 Where an enterprise or institution imports goods or raw materials or accepts entrustment for processing with supplied materials, which involves patents within the territory of China, it shall find out whether the exporter or the entrusting party is the legal owner of the patent right or the executor of the legal license, and may stipulate in the contract the subject and authority of investigation of patent infringement by a third party.
When introducing foreign technology, we should carry out patent literature retrieval and evaluate the novelty, creativity and market prospect of this technology. Where patent licensing and transfer are involved, the technology licensor or transferor shall be required to issue legal and effective patent certification materials.
When exporting or transferring technology or products abroad, we should search the patent documents of relevant countries or regions to avoid infringing others' patents. Article 12 Under any of the following circumstances, the parties concerned shall, on the principle of equality and voluntariness, reach an agreement on matters such as the right to apply for a patent, the patent application fee, the annual patent fee and the distribution of benefits:
(a) making use of the material and technical conditions of the unit to make inventions;
(two) individuals engaged in invention and creation part-time;
(3) cooperating or entrusting inventions and creations;
(4) Having made inventions while studying or working in other units;
(five) to sign other scientific and technological research and development contracts. Article 13 Without the permission of the unit, no one may disclose or sell the technical data and information related to the service invention-creation to other units or individuals.
Personnel who leave the original unit due to termination or dissolution of labor relations or other reasons shall submit the completed or ongoing experimental data, test records, sample prototypes and other technical data related to service inventions to the downsizing unit before leaving or leaving the company. Article 14 An inventor or designer who applies for a patent or requests patent protection but is unable to pay the patent service fee may apply to the patent administration department for service assistance. In line with the conditions, the patent service agency designated by the patent administration department shall provide service assistance.