In accordance with the Patent Law of China and the Articles of Association of the Patent Fund Committee of China, for the export of new technologies and products; Apply to foreign countries and Hong Kong and Macao for patent rights to obtain legal protection; The Patent Fund (hereinafter referred to as the Fund) is specially established to provide convenience for exporting units and individuals lacking foreign exchange to apply for patents in foreign countries, Hong Kong and Macao (including application fees, agency fees, examination fees, maintenance fees, etc.). And opened a non-trade foreign exchange "patent fund" quota account in the head office of China Bank.
application and approval of the fund:
1. The fund is only used when it is necessary to apply for patents in foreign countries and Hong Kong and Macao for export projects of new technologies and new products. The required foreign exchange quota shall be exchanged in RMB.
2. Applications for invention patents and utility model patents need to be searched by the China Patent Office, and only when there is no problem with novelty can they apply for funds.
3. An entity or individual applying for a fund (hereinafter referred to as the applicant) must first conduct a reliability review, technical evaluation and international market forecast of the applied project by the patent administration authority, and sign an opinion after confirming the export prospect, and report it to the Patent Foundation Office of the China Patent Office for examination and approval.
4. When applying for the fund, the applicant must submit the following materials: a copy of the patent document applied for in China and a description of the invention height. Provide original data and test records when necessary; Novelty retrieval materials for patent applications; Copy of license contract, prospect report of export products or letter of intent signed with foreign manufacturers.
5. The applicant shall file a fund application within 8 months from the date of application for China patent, and fill in the "Fund Application Form" in triplicate. The application form shall be sealed by the applicant and signed by the person in charge, and the non-service invention shall be signed or sealed by the applicant.
6. the applicant shall submit one copy of the patent fund payment contract to the foundation office, and the non-service invention applicant shall issue a "guarantee letter" from a domestic guarantee unit with legal person status to guarantee the implementation of these provisions. The guarantee unit has the right to urge the applicant to implement these provisions and collect the necessary deposit after the applicant has economic benefits.
7. Any fund applicant who is approved by the Foundation to use the fund shall, according to the requirements of the Foundation Office, deposit the RMB to be converted into foreign exchange into the designated account at the current exchange rate, and the Foundation Office will transfer the foreign exchange to the Patent Agency Department of the Council for the Promotion of International Trade to handle the application. After approving the use of the fund, the fund applicant shall entrust an agency to handle the patent application formalities within one month from the date of approval. If the validity period of the fund approved by the Foundation needs to be extended, the extension time indicated in the approval opinion of the Foundation Office shall prevail.
8. In order to promote the transfer of technology using the fund to the outside world, applicants who use the patent fund should pay a temporary fee for promoting the export of patented technology to the Patent Foundation, which is charged at 1% of the approved use amount. After the applicant pays the foreign exchange commission to the Patent Foundation in accordance with the provisions of the Administrative Measures, the temporary fee will be refunded to the applicant. If the technology is not transferred within 6 years from the date of approval of the use of the fund, the temporary storage fee will not be refunded.