Application for foreign patent must be closed to the cancellation of 4 program charging items

"Refreshing" the implementation rules of the patent law (interpretation of policy) interviewer: This reporter Qin Peihua interpretation of the people: the State Council's legal Office, the State Council recently announced the State Council on the amendment of the "PRC patent Law Implementation Rules" (the full text of the 15th Edition, 16th Edition), since February 1, 2010.　　　　The head of the Legal Office of the State Council answered the reporter's questions about the decision. Define the definition of genetic resources the patent law stipulates that the inventions completed in China apply for patents to foreign countries, and should be reported to the Patent Administration department under the State Council for confidential review beforehand. For the purposes of this provision, the decision provides the following: first, considering the increasing number of cross-border cooperation in research and development, the definition of "inventions or utility models completed in China" as the substantive content of the technical proposal, in order to define the scope of the need for confidential review, is the invention or utility model completed in China　　The second is to provide specific provisions for the procedures for the review of confidentiality. For the purposes of the patent law, the application of patents for inventions that rely on genetic resources should specify the source of genetic resources, and the decision defines the definition of "genetic resources" in accordance with the provisions of the Convention on Biological Diversity, providing that "genetic resources" refer to the human, animal, A material, such as a plant or microorganism, that contains a unit of genetic function and has actual or potential value. At the same time, considering that some inventions, although using biological resources, do not use genetic function, should not fulfill the disclosure of genetic resources information obligations, the decision to "rely on genetic resources to complete the invention" defined as the use of genetic resources to complete the genetic function of inventions.　　In addition, the decision provides for the disclosure of information on sources of genetic resources: patent applications for inventions that rely on genetic resources, and applicants should be described in the petition. The patent law combines the act of counterfeiting other people's patents with those of a patented product or method, and provides administrative penalties. Accordingly, the decision stipulates that: If the public is confused by labeling a patent on a generic product or its packaging, unauthorized use of another person's patent identification, forging or altering a patent document, the technology or design that has not been granted a patent is mistaken for the patent technology or the design of the patent, which constitutes the act of counterfeiting a patent.　　The decision also stipulates that the sale of a product not known to be a counterfeit patent and capable of proving the legitimate source of the product shall be ordered by the department that manages the patent to cease sale, but the penalty for the fine is waived. Cancellation of four procedures fee-charging project award criteria applicable to all units The decision also stipulates the following three systems, measures: one is to reduce the relevant fees and charges items.　　In order to lighten the burden of the parties, the decision cancels the four items, such as the request fee for suspending the procedure, the request fee for compulsory license, the request fee for the compulsory license fee, and the application for maintenance fee. The second is to relax the restrictions on the priority of the parties. The decision stipulates that the application date of the prior application shall be wrongly written and omitted in the request.The application number or the name of the original receiving institution, or two items, which are corrected within a specified period of time, shall not affect the priority of the applicant, and the applicant for the design patent requires a foreign priority, and its prior application does not include a brief description of the design,　　However, a brief description of the design submitted by the applicant in the latter application complies with the statutory requirements and does not affect its priority. The third is to improve the system of reward compensation for job invention. For the award of the patented unit and job inventor, the designer independently agrees to leave the necessary space for the reward and remuneration of the invention and design of the job, the decision stipulates that the authorized unit may, in accordance with the inventor, the designer, or in the rules and regulations established by the law, provide for the manner and amount of the reward and remuneration stipulated in the Patent law 16th At the same time, in order to further encourage innovation, the decision stipulates that the parties do not agree or prescribe the invention and design of the job in accordance with the aforesaid method of reward and compensation, the applicable statutory incentive, remuneration standards, and the scope of application of statutory standards from the original state-owned enterprises to all units. At the same time, the decision also increased the amount of legal incentives for job inventors and designers.