Notice of the General Office of Beijing Municipal People’s Government on Printing and Distributing the Measures of Beijing Municipality for Award of Invention Patents
Beijing Zhengban made [2007] No.33
The people’s governments of the districts and counties, the commissions, offices and bureaus of the municipal government, and the municipal institutions:
With the consent of the municipal government, we hereby print and distribute the Measures of Beijing Municipality for the Award of Invention Patents to you, please earnestly organize their implementation according to the actual situation.
May 14th, 2007
Measures of Beijing Municipality on Award of Invention Patents
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Article 1 In order to encourage innovation achievements to obtain patents, improve the quality of invention patents, promote the implementation and commercialization of invention patents, and commend patentees and inventors who have made outstanding contributions to Beijing’s economic and social development, these Measures are formulated in accordance with the Regulations of Beijing Municipality on the Protection and Promotion of Patents.
Article 2 "Beijing Invention Patent Award" (hereinafter referred to as "Beijing Invention Patent Award") is a special award item set up by the municipal government to select and commend invention patents with significant economic and social benefits within the administrative area of Beijing. The municipal invention patent award is selected every two years.
Article 3 The recommendation, evaluation and awarding of municipal invention patent awards shall follow the principles of openness, fairness and impartiality, pay attention to benefits, and reward the best.
Article 4 With the approval of the municipal government, a Municipal Office for the Selection of Invention Patent Awards (hereinafter referred to as the Selection Office) composed of the Municipal Intellectual Property Office, the Municipal Finance Bureau and the Municipal Personnel Bureau was established. The selection office is located in the Municipal Intellectual Property Office and is responsible for the organization, coordination and management of the Municipal Invention Patent Award.
The selection office is responsible for the establishment of the municipal invention patent award evaluation committee (hereinafter referred to as the evaluation committee). The review committee shall set up professional review groups according to different fields to be responsible for the review of the municipal invention patent award.
Article 5 The municipal invention patent award focuses on invention patents that meet one of the following conditions:
(1) It belongs to the key industries or key fields determined in the national economic and social development plan of this Municipality, and has achieved remarkable economic or social benefits;
(two) to solve the industrial structure adjustment, the transformation of economic growth mode, energy saving and emission reduction, as well as urban operation, management and safety, traffic congestion and other practical problems faced by the city;
(3) Playing a major role in the formation of national standards or international standards.
Sixth city invention patent award set up first, second and third prizes, including:
(1) Five first prizes, each of which is RMB 200,000;
(two) the second prize 15, each award of 100 thousand yuan;
(3) 30 third prizes, each of which is RMB 50,000.
Special prizes were awarded for invention patents that have made significant contributions to the national economic and social development of this Municipality, with 1 prize awarded and 1 million yuan awarded.
City invention patent award funds shall be paid by the municipal finance.
Seventh to declare the city invention patent award shall meet the following conditions:
(1) The applicant shall be the patentee who is registered in this Municipality or has the household registration and work residence permit in this Municipality, or other patentees who have made outstanding contributions to the public interests and people’s livelihood in this Municipality;
(2) The invention patent has been authorized by China National Intellectual Property Administration;
(3) The legal status of the invention patent is stable and the ownership is clear.
Article 8 The following invention patents shall not be declared as municipal invention patent awards:
(a) has won the national technological invention award, China patent award or municipal invention patent award;
(2) The ownership of the patent is disputed;
(three) the declaration of the previous municipal invention patent award has not won the award and there is no new substantive progress in the implementation.
Article 9 The patentee shall declare the municipal invention patent award according to one of the following procedures:
(a) to the municipal administrative department, the district and county departments for patent administration or related industry associations (hereinafter referred to as the recommended units) to declare;
(two) to declare the award of the invention patent recommended by experts, the patentee directly to the selection office.
Tenth recommendation units to review the application materials, put forward specific recommendations, and submit them to the selection office.
If the application materials do not meet the requirements, the recommendation unit or the selection office shall require the applicant to make corrections within the specified time; If it is not corrected within the time limit or still does not meet the requirements after correction, it will not be submitted for review.
Eleventh selection office to summarize and classify the application materials, and organize the corresponding professional review group for preliminary examination.
The professional evaluation team shall, by secret ballot, put forward suggestions on the award-winning invention patents and award grades to the evaluation committee.
The review committee deliberates the suggestions of various professional review groups, and makes a preliminary resolution on the award-winning invention patent and award grade by secret ballot.
Twelfth according to the preliminary resolution of the jury, the selection office will publicize the preliminary results in the designated media.
Organizations and individuals who have objections to the results of the preliminary examination may raise objections to the selection office in writing within 30 days from the date of publication.
The selection office organizes experts to review the contents of the objection, make a review opinion, and inform the objecting party of the result.
Thirteenth after the end of the publicity, the selection office will review the preliminary results and review opinions, and determine the list of proposed awards, which will be approved by the Municipal Personnel Bureau and reported to the municipal government.
After the approval of the municipal government, the list of winners will be published, and certificates and bonuses will be awarded to the winning patentees and inventors.
Article 14 The unit or personnel management department of the inventor who won the municipal invention patent award shall record the award and its main contribution in my file as one of the basis for promotion assessment.
Fifteenth invention patents that have won the second prize of the Municipal Invention Patent Award and meet the relevant reporting conditions shall be recommended by the selection office to declare the National Technological Invention Award or the China Patent Award.
Article 16 The experts and relevant staff participating in the evaluation shall not disclose the evaluation, and those who are involved in the patents declared for awards in the current year or have an interest in the patentee and inventor who declared for awards shall withdraw.
Seventeenth by fraud, plagiarism and other improper means to infringe upon the patent rights of others, to defraud the city invention patent award, the award shall be revoked and published in the relevant media.
Eighteenth in the process of evaluation of the municipal invention patent award fraud, favoritism, the evaluation experts cancel their qualification, the staff shall be given administrative sanctions in accordance with the relevant provisions.
Article 19 The Municipal Intellectual Property Office shall formulate detailed rules for implementation in accordance with these Measures.
Twentieth these Measures shall come into force as of January 1, 2008.