In accordance with the provisions of paragraph 1 of this article, the patent administration department of the State Council is responsible for managing patent work nationwide. The “Patent Administration Department of the State Council” mentioned here refers to the State Intellectual Property Office according to the current institutional structure of the State Council. In accordance with the provisions of this Law and the "Three Decisions" plan of the State Intellectual Property Office approved by the State Council, the responsibilities of the Patent Administration Department of the State Council in managing national patent work mainly include: researching and drafting draft laws and regulations related to patents, formulating rules for patent management work; unified acceptance and Examine patent applications (the specific work is entrusted to the Chinese Patent Office to which it belongs), and grant patent rights in accordance with the law to those who meet the conditions for granting patents stipulated in this law;
Established The Patent Reexamination Committee handles the parties’ requests for reexamination of patent matters in accordance with the law; handles and guides local patent management departments in handling patent infringement disputes at the request of the parties; investigates and punishes counterfeiting of other people’s patents and counterfeit patents in accordance with the law; is responsible for international cooperation matters in patent work; Organize and formulate national patent work development plans and patent information network plans; organize and promote the publicity and popularization of patent legal knowledge, etc.
In accordance with the provisions of paragraph 2 of this article, the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions. The “department that manages patent work” of the provincial government mentioned here can be the department set up by the government at the same level to specifically manage patent work, such as the Patent Office or the Intellectual Property Department (bureau), or it can be other responsible departments determined by the government at the same level. Departments that manage patent work, such as the Science and Technology Commission and other departments. The specific department responsible for managing patent work at the same level of government shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the provisions of the Organic Law of the Local People's Congresses and Local People's Governments at All Levels of the People's Republic of China.
According to the provisions of this Law, the responsibilities of provincial governments in managing patent work within their own administrative regions are mainly to handle patent infringement disputes in accordance with the law at the request of the parties, and to Investigate and deal with counterfeiting of other people's patents and counterfeit patents; and other duties assigned by the patent administration department of the State Council and the people's government at the same level.
This article only stipulates the management expertise of the patent administration department of the State Council and the department management departments of provincial people's governments that manage patent work.Benefit work responsibilities. During the legislative process, there was an opinion that it was not enough to only stipulate the administrative management of patent work to the State Council and provincial governments. It should be stipulated that governments below the provincial level can also establish patent management departments to manage patent work in their regions. After study, the legislative body found that considering that the patent system is unified across the country and involves a wide range of technical fields and is complex, the authority for patent management should be appropriately centralized, and it is not appropriate to establish patent administrative departments at different levels.
Currently, the patent administration department of the State Council is responsible for the acceptance, examination, approval, and reexamination of patent applications. This is also an international practice. As for the investigation and handling of patent infringement disputes, because some involve complex technical issues and rights confirmation procedures, not all city and county governments can accurately grasp and handle them. It is appropriate to stipulate in the Patent Law only the management responsibilities of the patent administration department of the State Council and the patent management departments of provincial people's governments. At the same time, taking into account the actual situation in some cities with a large workload of patent management, the Legal Committee of the National People's Congress proposed in its report on the review results of the Patent Law (Draft) that "the handling of patent infringement disputes and the handling of counterfeiting and counterfeit patents Administrative penalties for acts of patent infringement can also be implemented by some municipalities with a heavy workload of patent management and actual processing capabilities." Accordingly, the provisions in the draft regarding handling patent infringement disputes and punishing administrative departments for counterfeiting and counterfeiting of patents have been made. Modify accordingly.
As for the issue of the establishment of patent management departments by the people's governments of these key cities, they can follow the "Organic Law of the Local People's Congresses and Local People's Governments at All Levels of the People's Republic of China" It stipulates that "the establishment, addition, reduction or merger of working departments of municipal and county people's governments shall be submitted to the people's government at the next level for approval and reported to the Standing Committee of the People's Congress at the same level for record", and shall be reported by the relevant local governments It is determined by oneself and does not need to be stipulated in the patent law.
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