Article 19 The state strengthens the capacity building of basic research, respects the laws of scientific development and talent growth, strengthens the systematic layout of projects, talents and bases, and provides good material conditions and strong institutional guarantee for the development of basic research.
The state strengthens planning and deployment, promotes the organic combination of free exploration and goal orientation of basic research, and strengthens basic research of emerging and strategic industries around major key technical issues such as frontier science and technology, economic and social development, national security and people's life and health, and enhances the supply capacity of science and technology sources.
The state encourages scientific and technological research and development institutions, universities and enterprises to give full play to their own advantages, strengthen basic research and promote original innovation.
Article 20 The state finance shall establish a stable investment mechanism to support basic research.
The state encourages qualified local people's governments to reasonably determine the financial input for basic research according to the needs of local economic and social development and strengthen their support for basic research.
The state guides enterprises to increase investment in basic research, encourages social forces to invest in basic research through various channels such as donations and the establishment of funds, and gives financial, monetary, tax and other policy support.
Gradually increase the proportion of basic research funds in the total funds for scientific and technological research and development in the whole society to meet the requirements of building an innovative country and a strong country in science and technology.
Article 21 The State establishes a natural science fund to fund basic research and support personnel training and team building. The principles of macro guidance, independent application, equal competition, peer review and merit-based support shall be adhered to in determining the projects funded by the National Natural Science Foundation.
Conditional local people's governments can set up natural science funds to support basic research in light of local economic and social reality and development needs.
Article 22 The State shall improve the discipline layout and knowledge system construction, promote the interdisciplinary integration of disciplines, and promote the coordinated development of basic research and applied research.
Article 23 The State shall intensify the training of basic research talents, strengthen the stable support for basic research talents, and improve the quality and level of basic research talents.
The state establishes a resource allocation mechanism to meet the needs of basic research, establishes an evaluation system and an incentive mechanism suitable for basic research, creates a good environment for concentrating on basic research, and encourages and attracts outstanding scientific and technical personnel to participate in basic research.
Article 24 The State strengthens the construction of basic research bases.
The state strengthens the construction of basic conditions for basic research and promotes opening up.
Article 25 The state supports institutions of higher learning to strengthen the construction of basic disciplines and the training of basic research talents, enhance the ability of independent layout of basic research, and promote the high-quality development of basic research in institutions of higher learning.
Chapter III Applied Research and Transformation of Achievements
Article 26 The State encourages applied research to drive basic research, and promotes the integrated development and achievement transformation of basic research and applied research.
The state will improve the basic technology supply system, promote the deep integration of innovation chain's industrial chain, and ensure the safety of the industrial chain supply chain.
Article 27 The State shall establish and improve the coordination mechanism for tackling key scientific research problems, strengthen the integrated allocation of projects, talents, bases and funds around key areas such as economic and social development, national security needs and people's lives and health, promote close cooperation between Industry-University-Research and promote independent control of key core technologies.
Article 28 The state improves the national key technology research system, organizes and implements major scientific and technological tasks that reflect the national strategic needs, systematically arranges forward-looking and strategic major scientific and technological projects, and deploys research and development of core key technologies ahead of schedule.
Article 29 The state strengthens the construction of technology platforms and scientific and technological research and development institutions oriented to industrial development, and encourages local governments to build scientific and technological research and development institutions oriented to applied research around development needs.
The state encourages scientific and technological research and development institutions and institutions of higher learning to strengthen basic technology research, and encourages enterprises to take the lead in developing market-oriented and industrialized applied research and development activities.
Article 30 The State shall strengthen the pilot test, engineering, industrial development and application of scientific and technological achievements, and accelerate the transformation of scientific and technological achievements into practical productive forces.
Scientific and technological research and development institutions and institutions of higher learning established with financial funds should actively promote the transformation of scientific and technological achievements, strengthen the construction of technology transfer institutions and talent teams, and establish and improve the system for promoting the transformation of scientific and technological achievements.
Article 31 The State encourages enterprises, scientific and technological research and development institutions, institutions of higher learning and other organizations to establish cooperation mechanisms with complementary advantages, clear division of labor, achievement sharing and risk sharing, and jointly set up research and development platforms, technological innovation alliances and innovation consortia in accordance with market mechanisms to jointly promote research and development and transformation of scientific and technological achievements and improve the transfer and transformation effect of scientific and technological achievements.
Article 32 The project undertaker shall be authorized to obtain relevant intellectual property rights in accordance with the law for the scientific and technological achievements formed by the scientific and technological plan projects established with financial funds on the premise of not harming national security, national interests and major social interests. The project undertaker can invest in the transformation, transfer it to others, jointly implement the transformation, license others to use it according to law or invest at a fixed price.
The project undertaker shall implement the intellectual property rights stipulated in the preceding paragraph according to law, take protective measures at the same time, and submit an annual report on the implementation and protection to the project management institution; If it is not implemented within a reasonable period of time without justifiable reasons, the state may implement it free of charge, or license others to implement it with or without compensation.
The intellectual property rights stipulated in the first paragraph of this article obtained by the project undertaker according to law may be implemented by the state free of charge, or may be licensed to others for free or because of the needs of national security, national interests and major social interests.
The distribution of benefits arising from the implementation of the intellectual property rights stipulated in the first paragraph of this article shall be implemented in accordance with relevant laws and regulations; Where there are no provisions in laws and regulations, it shall be implemented in accordance with the agreement.
Article 33 The state implements a distribution policy oriented to knowledge appreciation, promotes the reform of the ownership and right distribution mechanism of intellectual property rights in accordance with the relevant provisions of the state, and explores the system of giving scientific and technological personnel the ownership or long-term use right of scientific and technological achievements.
Article 34 The intellectual property rights formed by scientific and technological projects established with financial funds are encouraged by the state to be used in China first.
The transfer of intellectual property rights specified in the preceding paragraph to overseas organizations or individuals, or exclusive use by overseas organizations or individuals, shall be subject to the consent of the project management institution; Where laws and administrative regulations provide otherwise for the examination and approval authority, such provisions shall prevail.
Article 35 The State encourages the application of new technologies, promotes the application experiments of new technologies, new products, new services and new models in accordance with the principle of inclusiveness and prudence, and creates conditions for the application of new technologies and new products.
Article 36 The State encourages and supports the applied research of agricultural science and technology, disseminates and popularizes agricultural science and technology knowledge, accelerates the transformation and industrialization of agricultural science and technology achievements, promotes the progress of agricultural science and technology, and uses agricultural science and technology to lead rural revitalization and agricultural rural modernization.
The people's governments at or above the county level shall take measures to support public agricultural science and technology research and development institutions and agricultural technology popularization institutions to engage in the research, development, application and popularization of new agricultural varieties and technologies.
Local people's governments at various levels shall encourage and guide agricultural science and technology service institutions, science and technology commissioners and rural mass science and technology organizations to provide scientific and technological services for the development of planting, forestry, animal husbandry and fishery, and provide scientific and technological training and guidance for farmers.
Article 37 The State advocates the combination of scientific and technological research and development with the formulation of product and service standards, and the combination of scientific and technological research and development with product design and manufacturing; Guide scientific and technological research and development institutions, universities, enterprises and social organizations to promote the research, formulation and legal adoption of national standards for major technological innovation products and services, and participate in the formulation of international standards.
Article 38 The state fosters and develops a unified, open, interconnected and orderly competitive technology market, encourages the establishment of intermediary service institutions engaged in technology assessment, technology brokerage and innovation and entrepreneurship services, and guides the establishment of socialized, specialized, networked, information-based and intelligent technology trading service systems and innovation and entrepreneurship service systems, so as to promote the application and popularization of scientific and technological achievements.
Technology trading activities should follow the principles of voluntariness, equality, mutual benefit, compensation and good faith.
Chapter IV Scientific and Technological Innovation of Enterprises
Article 39 The state establishes a technological innovation system with enterprises as the main body, market-oriented, and close cooperation between enterprises and scientific and technological research and development institutions and institutions of higher learning, guides and supports technological innovation activities of enterprises, supports enterprises to take the lead in tackling key national scientific and technological problems, gives full play to the main role of enterprises in technological innovation, and promotes enterprises to become the main body of technological innovation decision-making, scientific research investment and technological innovation. Organize scientific research and transformation of achievements, promote the concentration of various innovation elements to enterprises, and improve the technological innovation ability of enterprises.
The state cultivates influential and competitive leading enterprises in science and technology, and gives full play to their innovative role.
Article 40 The State encourages enterprises to carry out the following activities:
(a) to establish internal scientific and technological research and development institutions;
(two) to carry out cooperative research with other enterprises or scientific and technological research and development institutions and universities, jointly establish scientific and technological research and development institutions and platforms, set up scientific and technological business incubators and innovation and entrepreneurship platforms, or carry out scientific and technological research and development by entrustment;
(3) training, attracting and using scientific and technological personnel;
(4) Training professional and technical personnel and highly skilled personnel jointly with scientific and technological research and development institutions, institutions of higher learning, vocational colleges or training institutions to attract college graduates to work in enterprises;
(five) the establishment of postdoctoral workstations or mobile stations;
(six) combined with technological innovation and staff skills training, to carry out scientific and technological popularization activities, set up venues or facilities open to the public, and popularize science and technology.
Article 41 The state encourages enterprises to strengthen original innovation, carry out technical cooperation and exchanges, increase investment in research and development and technological innovation, independently set up research and development projects and carry out technological innovation activities.
The state encourages enterprises to digest, absorb and innovate imported technologies.
The research and development expenses incurred by enterprises in developing new technologies, new products and new processes can be charged before tax and deducted according to the facts, and the equipment used for scientific and technological research and development of enterprises can accelerate depreciation.