Article 1 In order to encourage innovation, strengthen the creation, application and protection of intellectual property rights, and promote the construction of innovation-oriented Guangdong, these Measures are formulated in accordance with the Patent Law of the People's Republic of China, Patent Regulations of Guangdong Province and other relevant provisions, and in light of the actual conditions of this province。

Article 2 These Measures are applicable to the application, recommendation, self-recommendation, review, award and management activities of Guangdong Patent Awards。

Article 3 Guangdong Patent Award shall be established by the provincial People's Government, including China Patent Award and Guangdong Patent Award。

The China Patent Award is an award given by the provincial people's government to the units or individuals that have won the China Patent Award in their province。

Guangdong Patent Award consists of Guangdong Patent Gold Award, Guangdong Patent Silver Award, Guangdong Patent Excellence Award and Guangdong Outstanding Inventor Award。Guangdong Patent Gold Award, Guangdong Patent Silver Award and Guangdong Patent Excellence Award are selected from invention patents, utility model patents and design patents, and Guangdong Outstanding Inventor Award is selected from patent inventors or designers。

Article 4 The list of China Patent Awards shall be reviewed and confirmed by the patent administrative department of the provincial people's Government according to the list of China Patent Awards of each session and submitted to the provincial people's government for approval。

The provincial people's government shall apply to the units and individuals that have won the Gold Medal of China Patent or the Gold Medal of China Design，Give a reward of 1 million yuan for each item;Units and individuals that have won the China Patent Silver Award or the China Appearance Design Silver Award，Give a reward of 500,000 yuan for each item;Units and individuals that have won the China Patent Excellence Award or the China Appearance Design Excellence Award，Give a reward of 300,000 yuan for each item。

The prize money of China Patent Award shall be paid by the provincial finance。

Article 5 Guangdong Patent Award is selected once a year, with no more than 20 gold awards, no more than 40 silver awards, and no more than 60 excellence awards, of which no less than 70% of the same category of awards are awarded for invention patents;There are no more than 10 Outstanding inventor awards。

Provincial people's government to obtain Guangdong patent gold award units，Give a reward of 300,000 yuan for each item;The unit that won the Guangdong Patent Silver Award，Give a reward of 200,000 yuan for each item;To the units that won the Guangdong Patent Excellence Award，Give a reward of 100,000 yuan for each item;To the individual who won the Guangdong Outstanding Inventor Award，Give a reward of 100,000 yuan for each item。

According to the economic and social development of the province, the patent administration department of the provincial people's Government may, together with the finance and other relevant departments of the provincial people's government, put forward suggestions for adjusting the award standards of Guangdong Patent awards, and submit them to the provincial people's government for approval before implementation。

The prize money of Guangdong Patent Award shall be paid by the provincial finance。

Article 6 The application, recommendation, self-recommendation, review, award and management of Guangdong Patent Awards shall follow the principles of openness, fairness and justice。

Article 7 The patent administration department of the provincial people's Government is responsible for the organization and daily management of the application, recommendation, self-recommendation, review and award of Guangdong Patent awards。

Article 8 The Provincial people's Government shall establish the Guangdong Patent Award Review Committee (hereinafter referred to as the Review Committee) to be responsible for the review of Guangdong Patent Awards。

The members of the review Committee shall be composed of experts in the relevant fields and heads of relevant departments. The candidates shall be proposed by the patent administration department of the provincial people's Government and appointed by the provincial people's Government after being submitted to the provincial people's Government for approval. Each term of office shall be 3 years。

The review committee consists of offices and professional review groups。The office is located in the patent administration department of the provincial people's Government, and is responsible for the daily work of the evaluation committee;Each professional review group is composed of experts in the relevant fields and is responsible for the professional review work in their respective technical fields。

Article 9 To apply for Guangdong Patent Gold Award, Guangdong Patent Silver Award and Guangdong Patent Excellence Award, the following conditions shall be met:

(1) The filing unit shall be a patentee or implementing unit registered in the administrative region of this province with the status of an independent legal person;

(2) The project to be declared is a patent authorized by the State Intellectual Property Office (excluding national defense patents and secret patents), and the patent is valid and stable;

(3) the patent has strong innovation, high technical level or unique design, and has obtained significant economic or social benefits after implementation;

(4) The patent and its products conform to the relevant national and provincial industries and environmental protection policies;

(5) There are relatively complete protection measures for the patent。

Article 10 To apply for Guangdong Outstanding Inventor Award, the following conditions shall be met:

(1) The applicant is a Chinese patent inventor or designer who is resident in the administrative area of the province; 

(2) the applicant is law-abiding and has good social and professional ethics;

(3) the applicant has a strong sense of innovation and a high ability to invent and create, and is the first inventor or designer of the authorized patent;

(d) the patent after the implementation of significant economic benefits, social benefits or ecological benefits, to promote the relevant field of technological progress has made substantial contributions。

Article 11 Under any of the following circumstances, shall not apply for Guangdong Patent Award:

(1) The patent has won the China Patent Award or Guangdong Patent Award, and the individual has won the Guangdong Patent Award;

(2) There is a dispute over the ownership of the patent, a dispute over the invalidity of the patent right, or a dispute over the inventor or creator;

(3) Other circumstances that are not suitable for declaration as provided for by laws and regulations。

12th Guangdong patent Gold Award, Guangdong Patent Silver Award and Guangdong Patent Excellence Award, should fill in the "Guangdong Patent Award Declaration (Project category)", and submit the following materials:

(1) The legal person certification materials of the filing unit, and if the filing unit is a non-patentee, it is also necessary to provide materials that have the legal right to exploit the patent;

(b) the patent right valid certification materials, utility model and design patents also need to provide an independent patent right evaluation report or novelty search report;

(3) evidence of economic, social or ecological benefits arising from the implementation of the patent project;

(4) Description of the application and protection measures taken for the patent;

(5) the sample of the patented design product or the photograph of the physical object;

(6) Market access certificate for special products;

(7) Other relevant materials。

13th application for Guangdong Outstanding Inventor award, should fill in the Guangdong Patent Award application form (Invention of human), and submit the following materials:

(1) the applicant's identification materials;

(2) a description of the basic information about the invention-creation of the applicant;

(C) the patent right valid certification materials, utility model and design patents also need to provide an independent patent right evaluation report or novelty search report;

(4) the economic, social or ecological benefits obtained by the applicant in connection with the invention or creation, and the supporting materials for promoting technological progress in the relevant fields;

(5) Other relevant materials。

Article 14 The application for Guangdong Patent Award shall be made in the form of a combination of recommendation and self-recommendation。

The following units or experts can recommend the project and the inventor:

(1) Listed people's governments at the prefecture level;

(2) Relevant departments, institutions directly under the provincial People's Government, and Chinese units directly stationed in Guangdong;

(3) Academicians of the Chinese Academy of Sciences and the Chinese Academy of Engineering;

(4) provincial relevant industry associations;

(5) Other units that meet the requirements of the provincial people's government。

National intellectual property demonstration enterprises can recommend 1 project to participate in the evaluation。The patent administrative department of the provincial people's Government may appropriately adjust the scope of self-recommendation in light of the actual work of patent awards。

Article 15 The office of the Evaluation Committee shall conduct formal review after receiving the application materials and recommendations and self-recommendation opinions。If the formal review is qualified, the professional review group shall be organized to review through written review and on-site defense。

The office of the Evaluation Committee shall, according to the evaluation results of the professional evaluation groups, formulate proposals for the proposed award projects and propose defense suggestions for key projects, which shall be submitted to the evaluation committee for comprehensive review。

According to the comprehensive evaluation results, the evaluation committee will propose the list of Guangdong Patent Awards and publicize it on the website of the patent administration department of the provincial people's Government for a period of 15 days。

After the end of the publicity period, the patent administrative department of the provincial people's Government shall submit the proposed award list to the provincial people's Government for approval and publish it to the public。

Article 16 Experts and relevant staff participating in the review of Guangdong Patent Award shall not disclose the review, and those who have an interest in the reporting unit, the reporting project or the individual shall be avoided。

Article 17 The evaluation of Guangdong Patent Awards shall be subject to public supervision and a system of objection shall be implemented。Units or individuals who have objections to the list of projects to be awarded can submit them to the Office of the Evaluation Committee in written form during the publicity period。

After receiving the objection materials, the office of the Review Committee shall investigate and verify the contents of the objection and put forward handling suggestions. After the decision of the Review Committee, the opposing party, the reporting party and the recommending party shall be notified of the handling opinions。

Article 18 Units and individuals that have won the Patent Award of Guangdong Province shall be commended and rewarded by the provincial people's Government, and issued certificates and bonuses。

Article 19 The award of Guangdong Patent Award shall be recorded in the patent inventor (designer) file, and as an important basis for job title evaluation, job promotion, performance assessment and other work。

20th by providing false data, materials or other improper means to defraud the Guangdong patent award, the provincial people's government patent administrative department reported to the provincial people's government to revoke the award, recover the certificate and bonus, and announced in the relevant media, not to declare the Guangdong patent award within 5 years。If the case constitutes a crime, the party concerned shall be investigated for criminal responsibility according to law。

Article 21 Recommending units and experts to provide false data and materials，Assisting others to defraud Guangdong Patent Award，The patent administration department of the provincial people's Government issued a circular to criticize，Those recommended by experts，Cancel its recommendation qualification;Recommended by the unit，Suspend his referral status，And the relevant competent departments shall give sanctions to the persons in charge directly responsible and other persons directly responsible according to law。

Article 22 Experts or relevant staff involved in the review work divulge the review information during the Guangdong Patent Award review，Or practice fraud or practice favoritism，The experts shall be criticized by the patent administrative department of the provincial people's government，And report to the provincial people's government to cancel its qualification;The staff members shall be punished by the relevant competent departments according to law。

Article 23 The patent administration department of the provincial people's Government shall establish the integrity file of the Guangdong Patent Award, and record the illegal acts of the relevant units and individuals in the application, recommendation, self-recommendation, review, reward and management of the Guangdong Patent Award into the integrity file, and deal with them in accordance with the relevant provisions of the province。

Article 24 The patent administrative department of the provincial people's Government shall formulate implementation rules in accordance with these Measures。

Article 25 These Measures shall come into force as of May 1, 2019。Guangdong Provincial People's Government announced on August 27, 2014, the Guangdong Provincial Patent Incentive Measures (Guangdong Provincial People's Government Order No. 202) repealed at the same time。