Rules for the Implementation of the Patent Law of the People's Republic of China
Chapter VI Reward and Remuneration of Inventors or Creators of Service Inventions-Creations
Article 74 The State-owned enterprise or institution to which a patent right is granted shall, within three months from the date of the announcement of the grant of the patent right, offer a reward to the inventor or creator of a service invention-creation. The reward for a patent for invention shall not be less than 2000 yuan; the reward for a patent for utility model or design shall not be less than 500 yuan.
Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the State-owned enterprise or institution to which a patent right is granted shall offer a reward to him on favorable terms.
For the reward to the inventor or creator, the enterprise may have it included into its production cost, and the institution may have it disbursed out of its operating expenses.
Article 75 The State-owned enterprise or institution to which a patent right is granted shall, after exploiting the patent for invention-creation within the duration of the patent right, draw each year from the profits after taxation earned from exploitation of the invention or utility model a percentage of not less than 2%, or from the profits after taxation earned from exploitation of the design a percentage of not less than 0.2%, and award it to the inventor or creator as remuneration. The entity may, as an alternative, by making reference to the said percentage, award a lump sum of money to the inventor or creator as remuneration once and for all.
Article 76 Where any State-owned enterprise or institution to which a patent right is granted authorizes any other entity or individual to exploit its patent, it shall draw from the fees it receives for exploitation of the said patent after taxation a percentage of not less than 10% and award it to the inventor or creator as remuneration.
Article 77 The provisions of this Chapter may be implemented by any other Chinese entity by making reference thereto.
