Measures for the administration of patent grant funds shall be formulated separately by the Municipal People's Government. Article 6 The Patent Protection Appraisal Committee established in the city is entrusted by the municipal patent administrative department, the people's court and the arbitration commission or at the request of the parties concerned to conduct appraisal work related to the scope of patent protection. Article 7 The department in charge of patent work shall strengthen the guidance on patent work of enterprises and institutions, and assist enterprises and institutions in establishing patent management systems. Article 8 Enterprises and institutions shall keep track of patent information in research and development, technological transformation and technology import and export, establish research and development files related to patents, and apply for patents for inventions and creations suitable for patent application in time according to law. Article 9 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 others to complete the invention and creation;
(four) making inventions during the study in other units;
(five) to sign other scientific and technological research and development contracts. Article 10 Units shall encourage and support employees to make inventions and apply for patents, and respect employees' post inventions and creations. Article 11 Before retiring or terminating the labor relationship with the original unit, the person who undertakes the invention-creation by taking up his post shall return all the technical materials related to the patent application to the original unit. Article 12 The entity that has been granted the patent right shall reward the inventor or designer within three months from the date of being granted the patent right.
Within the validity period of the patent right, the entity granted the patent right shall extract not less than 5% from the profits obtained from the exploitation of the invention patent or utility model patent or not less than 2% from the profits obtained from the exploitation of the design patent as remuneration, and pay it to the inventor or designer, or pay it to the inventor or designer in a lump sum with reference to the above ratio, or agree on the remuneration ratio with the inventor or designer.
Where a unit that has been granted a patent right transfers or licenses others to exploit its patent, it shall, within three months after receiving the transfer fee or license fee, extract not less than 30% of the after-tax fee as remuneration and pay it to the inventor or designer. Article 13 The patentee may invest his patent right at a fixed price, and the proportion of the patent right's fixed investment in the registered capital shall be agreed by the partners within the scope prescribed by the state.
Where the patent right is invested at a fixed price, an asset appraisal shall be conducted; where state-owned assets are involved, the appraisal results shall be reported to the state-owned assets management department for the record.
Where a patent right is used as a share, the patentee shall withdraw not less than 30% of the share income and pay it to the service inventor or designer. Fourteenth research and development projects included in the government plan or government investment, the project undertaker shall submit a patent search report in the technical field involved to the project management department after applying for project approval, the project has achieved initial results and the project is completed.
Units involved in the import and export of technology or products shall issue a patent search report to the competent department of the project.
The patent search report shall be issued by the patent administration department at or above the municipal level and the patent service institution legally recognized by the administrative department of science and technology. Article 15 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 administration department or the customs to protect the patent right;
(four) the establishment of enterprises, 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.
The determination of the legal status of a patent shall be handled by the municipal patent administrative department or other departments authorized by the patent administrative department of the State Council.