The patent administrative department of the people's government at the county level shall be responsible for the patent administration within its administrative area.
The relevant departments or institutions of science and technology, commerce, industrial and commercial administration, quality and technical supervision, public security, customs, radio and television, press and publication of the people's governments at or above the county level shall do a good job in patent protection according to their respective functions and duties. Article 4 People's governments at or above the county level shall strengthen their leadership over patent work, raise the patent awareness of the whole society, and support, encourage and promote patent application and patent technology implementation. Chapter II Patent Management Article 5 The people's governments at or above the county level shall raise special funds for subsidizing the necessary patent application fees, patent application maintenance fees and annual patent fees of citizens, legal persons or other organizations within their respective administrative areas. Article 6 The relevant departments of the people's governments at or above the county level shall, when making decisions on industrial restructuring and high-tech industrialization, conduct patent literature retrieval as needed. Seventh people's governments at or above the county level to participate in the investment of science and technology projects involving patented technology, the competent department and the project undertaker shall analyze the intellectual property status of the technical field involved in the project; The project undertaker shall submit the patent retrieval report to the competent department as required. Article 8 Enterprises and institutions shall, when developing and transforming new technologies, new processes and new products, as well as import and export technologies, equipment and products, conduct patent literature retrieval as required. Article 9 Trade associations shall encourage their members to apply for and implement patents, and provide patent consultation and other services for their members. Tenth science and technology project evaluation, high-tech enterprise qualification, science and technology award evaluation, should take the economic or social benefits of the acquisition and implementation of patent rights as an important content. Article 11 State-owned enterprises and institutions that have been granted patent rights shall pay the inventors or designers of service inventions and creations bonuses and remuneration in accordance with the following provisions:
(a) within three months from the date of the announcement of the patent right, the inventor or designer shall be awarded a bonus; The bonus paid shall not be lower than the minimum standard stipulated by laws and regulations;
(2) If it is implemented by itself or in cooperation with others, it shall extract not less than 5% of the profits from the implementation of the invention patent or utility model patent every year, or not less than 0.5% of the profits from the implementation of the design patent, and pay it to the inventor or designer as remuneration;
(3) Where another person is licensed to exploit a patent, no less than 25% of the royalties collected from licensing the exploitation of the patent shall be extracted as after-tax remuneration and paid to the inventor or designer in one lump sum.
Bonuses or remuneration can be paid in cash, shares, proportion of investment or other forms agreed by both parties. Article 12 Those who carry out the transformation by themselves or introduce patented technology can extract not less than 2% of the profits after the patent implementation income tax every year for three to five consecutive years, as a reward for those who have made outstanding contributions to the patent transformation. Article 13 Under any of the following circumstances, the parties concerned may, in accordance with the provisions of relevant laws and regulations, reach an agreement on matters such as the right to apply for a patent and the ownership of the patent, the commitment of patent application and patent maintenance fees, and the sharing of rights and interests:
(a) Signing technical research and product development contracts;
(2) Employees make inventions and creations on a part-time basis;
(3) cooperating or entrusting inventions and creations;
(4) Inventions and creations made by employees while studying in other units or studying abroad;
(five) with the help of the material and technical conditions of the unit for invention and creation. Fourteenth state-owned and state-controlled enterprises and institutions involved in the change of property rights, asset restructuring, joint venture and cooperation with others, technology introduction or export, should be in accordance with the relevant provisions of the state patent assets evaluation. Article 15 When transferring the patent application right, patent right or patent license, the transferor or licensor shall explain the legal status and implementation of the technology to the transferee or licensee. Article 16 Where an advertisement is used to publicize patented technology and patented products, a marketing unit sells patented products, or a printing unit is entrusted to print patent marks or display patented technology and patented products, the patentee or a unit or individual that implements patents according to law shall provide valid patent certification documents to the relevant units. Article 17 When handling and mediating patent infringement disputes and investigating patent counterfeiting, the staff of the department in charge of patent work shall not commit any of the following acts:
(a) illegal inspection measures;
(2) taking advantage of his position to ask for or accept other people's property, and intercepting, privately dividing or privately dividing illegal gains or fines or confiscated property;
(three) failing to stop and punish the illegal acts that should be stopped and punished;
(4) Notifying the units or individuals that counterfeit other people's patents or impersonate patents to help them evade investigation;
(5) disclosing the business secrets of the parties concerned.