The hottest issue on printing and distributing the

2022-10-15
  • Detail

Notice on printing and distributing the measures for the administration of special funds for supporting foreign patent applications

CJ [2012] No. 147

departments (bureaus) of finance of provinces, autonomous regions, municipalities directly under the central government and cities specifically designated in the state plan:

in order to support domestic applicants to actively apply for patents abroad and protect independent innovation achievements, Since 2009, the central government has set up a special fund for supporting foreign patent applications with red phosphorus flame retardant materials that are easy to oxidize and release harmful and highly toxic gases, and formulated the Interim Measures for the administration of special funds for supporting foreign patent applications (CJ [2009] No. 567). According to the implementation in the past three years, in order to give better play to the efficiency of financial funds and strengthen the management of financial funds, we have revised the Interim Measures for the management of special funds for financing foreign patent applications and formulated the measures for the management of special funds for financing foreign patent applications. It is hereby printed and distributed to you. Please comply with it

Annex: Measures for the administration of special funds for supporting foreign patent applications

Ministry of finance of the people's Republic of China

measures for the administration of special funds for supporting foreign patent applications

Chapter I General Provisions

Article 1 according to the requirements of the State Council on the implementation of the national intellectual property strategy, in order to support domestic applicants to actively apply for patents abroad and protect independent innovation achievements, The central government has set up a special fund to subsidize patent applications abroad (hereinafter referred to as the special fund). In order to strengthen and standardize the management of special funds and improve the efficiency of the use of funds, these measures are formulated in accordance with the relevant provisions of the budget law of the people's Republic of China and its implementation rules

Article 2 the "domestic applicants" mentioned in these measures are limited to domestic small and medium-sized enterprises, institutions and scientific research institutions that comply with the provisions of national laws and regulations. The term "patent application projects abroad" as mentioned in these Measures refers to patent applications filed abroad through the Patent Cooperation Treaty (PCT) and the Paris Convention

Chapter II Scope and standard of use of funds

Article 3 special funds are mainly used to fund the official fees paid by domestic applicants to the relevant patent examination institutions at the application stage and within three years from the year when the patent right is granted, the search fees paid to the patent retrieval institutions, and the service fees paid to the agencies when they apply for patents abroad

Article 4 special funds focus on supporting technology fields that meet the national strategic demand orientation of intellectual property, help to improve the ability of independent innovation, and support the development of China's high-tech industries and emerging industries

Article 5 special funds focus on supporting foreign patent application projects with the same protection type as China's invention patents. Applying for patents abroad should be entrusted to domestic agencies to apply for patents abroad, and help domestic applicants build patent pools, acquire core patent technologies, and participate in the formulation of international technical standards

Article 6 special funds shall be funded afterwards. Thus driving the development of the auto parts industry, the projects applying for patents abroad will be funded twice after the completion of the national publication stage and the official authorization in foreign countries (regions). Each patent project can be applied to five countries (regions) at most, and the total amount of funding in the two stages is no more than 100000 yuan for each country (region)

if the patent application abroad has been published by the country (region), it should have the conditions of novelty, creativity and practicality; Those who have been officially authorized should have a relatively stable legal status

Article 7 projects applying for patents abroad that have received the support of relevant scientific and technological research and development funds from the central government and relevant funds from local governments shall not apply for funding repeatedly

Chapter III allocation and appropriation of funds

Article 8 special funds are mainly allocated according to the factor method. The factors of fund allocation mainly include the number of patents applied for abroad by provinces (regions and cities) and the implementation of the special fund budget of the previous year

Article 9 the Ministry of finance, in consultation with the State Intellectual Property Office, shall issue the annual budget of special funds of all provinces (autonomous regions and municipalities) at the beginning of each year

Article 10 after receiving the special funds issued by the central government, the financial departments of all provinces (autonomous regions and municipalities) shall consult with the intellectual property department at the same level and organize the application of special funds of their own provinces (autonomous regions and municipalities) in accordance with the national intellectual property rights, which also reflects that our vehicle lightweight technology level needs to be improved according to the relevant business requirements of the Bureau

Article 11 special funds shall be managed locally. The domestic applicant applying for special funds shall submit the application materials to the local provincial (District, municipal) intellectual property department as required, mainly including the special fund application form (see the annex for details), the qualification certification materials of the unit, the relevant certification materials of applying for patent projects abroad, and the search report issued by the third-party institution recognized by the State Intellectual Property Office. The provincial (District, municipal) intellectual property department shall submit it to the financial department at the same level after examination and summary

Article 12 the provincial (District, city) financial department shall review and determine the funded projects together with the intellectual property department, and allocate the special funds in time after no objection is made after publicity. The appropriation of special funds shall be implemented in accordance with the relevant provisions of the treasury management system

Article 13 the provincial (District, municipal) financial department, together with the intellectual property department, shall submit the specific project arrangement and subsidy amount of the special fund of this year to the Ministry of Finance and the State Intellectual Property Office for the record at the end of each year

Article 14 the provincial (District, municipal) financial departments shall actively integrate with world enterprises and implement special management of special funds. The annual balance can be carried forward to the next year for further use

Chapter IV Supervision and management of funds

Article 15 domestic applicants should provide authentic materials and relevant vouchers. The State Intellectual Property Office and local financial departments shall strengthen the supervision and inspection of the implementation of projects and the use of special funds, and track and ask for results. Acts in violation of the provisions of these Measures shall be dealt with in accordance with the relevant provisions of the regulations on punishment and punishment of fiscal violations (order of the State Council No. 427)

Chapter V supplementary provisions

Article 16 These Measures shall be implemented as of the date of promulgation, and the original Interim Measures for the administration of special funds for financing foreign patent applications (CJ [2009] No. 567) shall be repealed at the same time

Article 17 the Ministry of finance is responsible for the interpretation of these measures

Copyright © 2011 JIN SHI