Shandong 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, strengthen patent protection and management, enhance the ability of independent innovation and promote economic and social development. Article 2 These Regulations shall apply to patent promotion, protection, management, service and related activities within the administrative area of this province. Article 3 Patent work shall follow the principles of encouraging creation, effective utilization, legal protection, scientific management and perfect service. Article 4 People's governments at or above the county level shall strengthen their leadership over patent work, incorporate patent work into the national economic and social development plan, improve the patent work system, support patent application and industrialization, and promote the development of patent undertakings. Article 5 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; The departments of development and reform, finance, human resources and social security shall, according to their respective responsibilities, do a good job in relevant work. Article 6 People's governments at or above the county level and their patent administrative departments shall strengthen patent publicity and education, popularize patent knowledge and raise public awareness of patents. Seventh people's governments at or above the county level shall, in accordance with the relevant provisions, commend and reward outstanding patent projects with significant economic, social and ecological benefits, as well as units and individuals that have made outstanding contributions in inventions and patent applications.

The provincial people's government established the Shandong Outstanding Inventor Award. Chapter II Patent Promotion Article 8 The people's governments at or above the county level and their relevant departments shall establish and improve the incentive and guarantee mechanism for inventions and creations, and support inventions and creations to form patents; Focus on supporting patented technology industrialization projects that are in line with national and provincial industrial policies, independent research and development, and high technical level, and promote patent application. Article 9 The people's governments at or above the county level shall set up special funds to promote the use of patents, grant and reward patents, train patent talents and protect patents according to the prescribed scope of use. Special funds should be earmarked and gradually increased according to the financial situation. Article 10 The relevant departments of the people's governments at or above the county level shall take the patent situation of patent inventors and designers as an important content of comprehensive evaluation when evaluating professional and technical positions.

The main inventors of invention patents that have played a significant role in promoting technological progress or achieved remarkable economic benefits, as well as individuals who have won the Outstanding Inventor Award in Shandong Province, may give priority to recommending and applying for relevant professional and technical post qualifications. The main inventors who have won the China Patent Gold Award and Excellence Award, if they meet the conditions for exceptional reporting, may apply for relevant professional and technical post qualifications. Article 11 A unit that has been granted a patent right shall pay the inventor or designer bonuses and remuneration according to law. Remuneration can be paid in cash, shares, equity income or other forms agreed by both parties. Twelfth venture capital fund management institutions set up by the government financial arrangements should increase investment in patented technology industrialization projects. Thirteenth to encourage and support banks and other financial institutions to carry out patent pledge loans; Give priority to credit support for patented technology implementation projects with development potential and good market prospects.

Encourage credit guarantee institutions to provide credit guarantee mainly based on financing guarantee for the implementation of patented technology.

Support guarantee institutions to carry out SME patent pledge financing guarantee business. Article 14 Enterprises, institutions and individuals are encouraged to implement patents by means of shares, pledge, transfer, licensing, etc. Shareholders' non-monetary contributions such as patents can reach 70% of the registered capital according to law.

New products formed by enterprises in the process of patent implementation and industrialization enjoy tax incentives to support new product development.

Units and individuals engaged in patent technology transfer, development and related patent technology consulting, services and other businesses shall enjoy tax concessions according to law. Fifteenth encourage and support enterprises and institutions to participate in the formulation of international standards, national standards, industry standards or local standards, and promote the combination of patent application and standard formulation. Sixteenth to encourage and support institutions of higher learning, scientific research institutions and enterprises to adopt various forms of invention and creation, and realize the industrialization of patented technology.

Patent management and other relevant departments shall establish a patent technology transfer mechanism to encourage and guide universities, scientific research institutions and enterprises to strengthen patent technology transfer. Chapter III Patent Protection Article 17 The patent administrative departments of the people's governments of provinces and cities divided into districts shall be responsible for handling patent disputes within their respective administrative areas.

The patent administrative department of the people's government at or above the county level shall be responsible for investigating and dealing with patent counterfeiting within its administrative area.

The patent administrative department of the people's government at or above the county level shall strengthen the construction of the patent administrative law enforcement team, strengthen the training of law enforcement personnel, and improve the level of law enforcement. Article 18 To request the patent administrative department to handle patent infringement disputes, the following conditions shall be met:

(1) The claimant is the patentee or interested party;

(2) Having a clear respondent;

(three) there are clear requests and specific facts and reasons;

(4) Belonging to the scope of accepting cases and jurisdiction of the patent administrative acceptance department;

(five) the patent infringement dispute has not yet entered the proceedings.

If it is considered that it does not meet the acceptance conditions after examination, it will not be accepted, and a notice of rejection will be issued. If a party refuses to accept it, he may bring an administrative lawsuit to the patent administration department according to law.

In the case of a patent infringement dispute whose request has been rejected or whose handling decision has been made, if the same claimant makes a request for handling the patent infringement dispute against the same respondent again with the same facts and reasons, the patent administration department will not accept it.