The people's governments at or above the county level shall arrange necessary funds to promote the creation, utilization, protection, service and management of patents. Article 5 The patent administrative department of the people's government at or above the county level shall be responsible for the patent administrative work within its administrative area, and other relevant departments shall, within their respective functions and duties, do a good job in patent-related work. Article 6 People's governments at or above the county level and their relevant departments shall strengthen patent publicity and education, popularize patent knowledge and raise public awareness of patents. Chapter II Promoting Patent Creation and Application Article 7 The people's governments at or above the county level and their relevant departments shall establish and improve the incentive and guarantee mechanism for invention and creation, and take the patent ownership as an index to measure the innovation ability of units. Encourage and support units and individuals to make inventions and obtain patents through original innovation, integrated innovation, introduction, digestion, absorption and re-innovation. Article 8 Enterprises are encouraged to establish and improve the patent management system, increase investment in R&D of patented technologies and products, promote the invention and creation of employees and technicians of enterprises, and enhance the ability of scientific research, development and innovation. Article 9 Encourage and support R&D institutions, institutions of higher learning, secondary vocational schools and enterprises to jointly establish R&D platforms, technology transfer institutions or technological innovation alliances and other Industry-University-Research cooperation modes, so as to give full play to the leading role of enterprises in the choice of invention and creation direction and patent application, promote the utilization of patent resources and realize the industrialization of patent technology. Tenth people's governments at or above the county level and their relevant departments shall take measures to promote the effective use of patents and support the implementation of patented technology industrialization projects in line with national and provincial industrial policies. Eleventh people's governments at or above the county level and their relevant departments shall, in accordance with the regulations and standards, reward outstanding patented technology industrialization projects that have played a significant role in promoting technological progress and achieved remarkable economic benefits. Article 12 The patentee may transform the patent in the following ways according to law:
(1) self-realization;
(2) cooperative implementation;
(3) Licensing others to implement it;
(4) transfer;
(5) Proportion of fixed investment, share conversion or capital contribution;
(6) Other methods. Article 13 After a unit is granted a patent right and a transformed patent, it shall reward and remunerate the inventor or designer of a service invention-creation and the person who has made an important contribution to the transformed patent. The way and amount of rewards and remuneration may be stipulated by the unit or agreed with the inventors, designers and personnel who have made important contributions to patent transformation; If there is no agreement or agreement, rewards and remuneration shall be given according to the following standards:
(a) within three months from the date of the announcement of the patent right, a bonus not less than the minimum standard stipulated by laws and regulations shall be issued;
(2) If the patent is implemented by itself or in cooperation with others, within three to five years after the successful transformation, the proportion of not less than 5% shall be extracted from the patent operating profit every year;
(3) If another person is licensed to exploit or transfer a patent, the proportion of not less than 50% shall be drawn from the net license income or net transfer income;
(4) Where a patent is used as a price for investment, no less than 50% of the shares formed or the proportion of capital contribution shall be withdrawn.
State-established research and development institutions, institutions of higher learning and secondary vocational schools that license others to implement, transfer or invest in patents at a fixed price shall extract not less than 70% of the net income from licensing, net income from transfer or the proportion of shares and capital contribution formed, and reward and reward inventors and designers who have made important contributions to patent transformation. The share of rewards and remuneration for major inventors, designers and personnel who have made important contributions to patent transformation shall not be less than 50% of the total amount.
Inventors and designers of service inventions and creations and people who have made important contributions to patent transformation can safeguard the right to receive rewards and remuneration according to law. Fourteenth state-owned enterprises and institutions to reward and reward the inventor, designer and personnel who have made important contributions to patent transformation, included in the total wages of the unit, but not limited by the total wages of the unit, not included in the total wage base of the unit. Article 15 Where a research and development institution, institution of higher learning or secondary vocational school established by the state licenses all its patents to others for exclusive exploitation or transfer, the inventor and designer shall have priority under the same conditions.