The patent administrative department of the people's government at or above the county level shall be responsible for patent protection within its administrative area.
The relevant administrative departments shall, in accordance with their respective duties, do a good job in patent protection. Article 5 Units or individuals are encouraged to apply for patents for their inventions and creations at home and abroad.
Encourage foreign units or individuals to implement patented technology in our province. Article 6 The people's governments at or above the county level or the departments in charge of patent work shall commend and reward the units or individuals that have made important contributions in patent protection. Chapter II Patent Management Article 7 The people's governments at or above the county level shall organize relevant departments to strengthen the research on patent work and guide the patent work of industries, enterprises and institutions.
The relevant departments of the people's governments at or above the county level shall strengthen patent management in the scientific and technological management such as project establishment, evaluation, achievement appraisal, reward and transformation of scientific and technological achievements. Article 8 The people's governments at or above the county level shall raise funds for patent grants through multiple channels to subsidize units or individuals within their administrative areas to apply for patents. Article 9 A patent search report shall be submitted to the relevant competent department when applying for a major scientific and technological project approved or funded by the state.
Advocate units or individuals to carry out patent retrieval before the establishment of scientific and technological projects. Article 10 Before the publication or announcement of the patent application, the persons concerned with the invention and creation shall bear the responsibility of keeping the contents of the invention and creation confidential. Article 11 A legal person or other organization that has been granted a patent right shall pay bonuses and remuneration to the inventor or designer of a service invention-creation in accordance with the standards prescribed by the state.
The administrative department for patent affairs of the people's government shall supervise and inspect the payment of bonuses and remuneration by legal persons or other organizations that have been granted patent rights. Article 12 An inventor, designer or patentee of a non-service invention-creation may take the quantity, quality and economic benefits of his invention-creation as one of the bases for assessing his professional and technical post qualifications. Article 13 Where a unit or individual exploits another person's patent, it shall conclude a written license contract with the patentee, and file it with the administrative department for patent affairs authorized by the patent administration department of the State Council within 3 months from the date when the contract comes into effect. Article 14 For advertisements involving patents, advertisers shall provide advertising agents and publishers with valid patent certificates issued by the patent administrative department of the State Council or its authorized administrative department for patent affairs; Without providing valid proof of patent right, advertising agents shall not provide patent advertisement design, production or agency services, and advertisement publishers shall not publish patent advertisements. Article 15 When holding exhibitions of patented technologies or patented products, such as exhibitions, exhibitions, promotion meetings, trade fairs, bidding meetings and auctions, the organizer shall file with the patent administrative department of the local people's government, which shall supervise and inspect them. Article 16 The patent administration department of the people's government shall strengthen the guidance and supervision of patent intermediary service institutions.
Patent intermediary service institutions and their staff shall carry out intermediary services according to law, and shall not issue false reports such as patent retrieval, patent asset evaluation and patent information consultation; Shall not disclose the technical secrets of the parties; Shall not collude with the parties to seek illegitimate interests; The legitimate rights and interests of patent applicants, patentees and other parties and the interests of the public shall not be harmed. Seventeenth state-owned patent assets possession units shall establish and improve the patent management system, strengthen the management of patent assets, and prevent the loss of patent assets. Eighteenth state-owned patent assets in any of the following circumstances, patent assets should be evaluated:
(1) Transferring the right to apply for a patent or the patent right;
(2) Using patented assets as capital contribution;
(3) The patent assets need to be priced before modification or termination;
(four) joint ventures, cooperation with domestic and foreign enterprises, other economic organizations or individuals to implement or license state-owned patent assets;
(five) the introduction of patented technology or equipment;
(six) other state-owned patent assets that need to be evaluated.
Patent assets evaluation shall be undertaken by a patent assets evaluation institution established according to law. The evaluation report shall be submitted to the state-owned assets management department in accordance with the relevant provisions, and submitted to the patent administration department of the provincial people's government for the record. Chapter III Patent Enforcement Article 19 No unit or individual may illegally exploit another person's patent, impersonate another person's patent, or impersonate a patented product or patented method with an unpatented product or unpatented method.
No unit or individual may provide conditions for infringement of patent rights, counterfeiting other people's patents or impersonating patents.