Zhejiang province patent regulations

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Patent Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province, in order to encourage inventions, promote the use of patents, protect the legitimate rights and interests of patentees, and promote scientific and technological progress and economic and social development. Article 2 These Regulations shall apply to the creation, utilization, protection, management and service of patents within the administrative area of this province. Article 3 The people's governments at or above the county level shall strengthen their leadership over patent work and incorporate the creation, application and protection of patents into the assessment of government target responsibility; Formulate and implement the patent development plan, and bring it into the national economic and social development plan and statistical scope. Article 4 The patent administrative department of the people's government at or above the county level shall be responsible for the patent work within its administrative area in accordance with the prescribed responsibilities. Development and reform, economy and informatization, education, science and technology, public security, finance, human resources and social security, commerce, taxation, industry and commerce, quality and technical supervision, culture, customs and other departments shall do a good job in relevant work according to their respective responsibilities. Article 5 The people's governments at or above the county level shall arrange necessary funds for the creation, utilization, protection, management and service of patents. Article 6 People's governments at or above the county level shall establish and improve the patent law enforcement mechanism, integrate their work forces, strengthen patent administrative law enforcement, and protect the legitimate rights and interests of patentees. Article 7 The people's governments at or above the county level shall commend and reward the inventors, designers, patentees and implementing units of patented technologies that have produced remarkable economic and social benefits. Article 8 People's governments at or above the county level and relevant departments shall strengthen the publicity of patent laws, regulations, policies and patent knowledge through various channels such as media and school education, so as to raise the patent awareness of the whole society. Chapter II Patent Creation and Application Article 9 The people's governments at or above the county level shall establish and improve the incentive and guarantee mechanism for patent creation, and encourage inventions and creations through original innovation, integrated innovation, introduction, digestion, absorption and re-innovation in accordance with the industrial policies of the state and this province, so as to master core technologies and key technologies and obtain patents. Government procurement should give priority to products with China's own patented technology. Article 10 The patent application and authorization shall be implemented in accordance with the relevant provisions of the Patent Law. The patent administration department at or above the county level shall reward the authorized invention patent or give necessary subsidies to its application fee and other related expenses. Article 11 The people's governments at or above the county level and their departments of finance, science and technology, development and reform, economy and informatization shall give policy and financial support to major inventions and patent technology applications involving economic and social development, environmental protection, public health and safety of life and property. Twelfth to encourage and support financial institutions to carry out patent pledge loans, patent insurance and other businesses. Encourage and support investment companies and investment funds to invest in major patented technological achievements industrialization projects. Article 13 Enterprises and institutions shall reward inventors or designers when granting patents for invention-creation by taking advantage of their posts. Where a unit implements, permits others to implement, cooperates with others to implement or transfer a patent, it shall give reasonable rewards and remuneration to the inventors, designers and personnel who have made important contributions to the patent transformation according to the economic benefits obtained from the patent. The rewards and remuneration expenses of inventors, designers and personnel who have made important contributions to patent transformation in state-owned enterprises and institutions are included in the total wages of the unit in the current year, but they are not limited by the total wages of the unit in the current year and are not included in the total wage base of the unit. Article 14 Research and development institutions, institutions of higher learning and secondary vocational schools established by the government may independently decide to license others to implement, transfer or invest at a fixed price, but the price shall be determined by means of agreement pricing, listing in the technology trading market and auction. If the price is fixed by agreement, the patent name and the proposed transaction price shall be publicized in the unit. Research and development institutions, institutions of higher learning and secondary vocational schools established by the government. All the proceeds from self-exploitation, cooperation with others, licensing others to exploit and transfer the patent shall remain with the unit, and shall be mainly used for scientific and technological research and development and patent work after giving rewards and remuneration to inventors, designers and personnel who have made important contributions to patent transformation. Article 15 Where research and development institutions, institutions of higher learning and secondary vocational schools established by the government transfer their patents or license others to exploit them exclusively, inventors and designers shall enjoy priority under the same conditions. Article 16 Where research and development institutions, institutions of higher learning and secondary vocational schools established by the government license others to exploit or transfer the patents owned by them, they shall extract not less than 60% of the net licensed income to reward inventors and designers; Where a patent is used as a capital contribution, no less than 60% of the shares or the proportion of capital contribution formed by the patent shall be extracted to reward the inventor or designer. Research and development institutions, institutions of higher learning and secondary vocational schools established by the government. Those who exploit their own patents and cooperate with others can extract not less than 10% of the operating profit of patent exploitation every year within five years after the successful transformation of patented technology to reward inventors and designers. Where a research and development institution is restructured into an enterprise, it shall be implemented in accordance with the relevant provisions of the enterprise.