| REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON AWARDS FOR INVENTIONS |
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| Thursday,December 28,1978 Posted: 14:38 BJT(0638 GMT) |
(Valid From:1978.12.28) Article 1. These regulations are formulated for the purpose of encouraging and rewarding inventions, promoting modernization of science and technology, and accelerating socialist construction.
Article 2. The inventions mentioned in these regulations refer to new major scientific and technical achievements which must at the same time meet the following three requirements:
(1) Never achieved before;
(2) Advanced;
(3) Proved applicable through practice.
Article 3. The State Science and Technology Commission of the People's Republic of China (hereinafter referred to as the SSTC) exercises unified leadership over the work of rewarding inventions throughout the country. The various departments of the State Council and the science and technology commissions of the provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the STC of the provinces, autonomous regions, and municipalities) are responsible for leading the work of reporting and examining inventions in their own departments and localities.
Article 4. The report of an inventor (collective or individual) on his invention should include the following details:
(1) Name of the invention;
(2) Detailed description of the invention;
(3) Name of the inventor;
(4) Justification for rewarding the effort as an invention;
(5) Date of completion of the process of the invention;
(6) Date of report;
(7) Reporting unit and its comments on the invention after examination.
Article 5. Procedures for reporting and approving inventions are as follows:
(1) Inventors should report their inventions through the chain of command in organizations they belong to. At the same time copies of the reports should be sent to the STC of the provinces, autonomous regions, and municipalities as well as the competent departments of the State Council;
(2) Upon receipt of reports on inventions, the departments and bureaus of the provinces, municipalities, and autonomous regions should promptly examine them and make reports on those which meet the provisions of Article 2 to the STC of the provinces, autonomous regions, and municipalities as well as to the competent department of the State Council;
(3) Science and technology associations and all kinds of societies at various levels under the provinces, autonomous regions, and municipalities may make recommendations on inventions to relevant departments and bureaus of the provinces, autonomous regions, and municipalities where the associations and societies are located. The China Association for Science and Technology and the various societies at the central level may recommend items of inventions to the competent departments of the State Council;
(4) The STC of the provinces, autonomous regions, and municipalities as well as the competent departments of the State Council should promptly organize examinations of the inventions upon receipt of the reports. And those meeting the provisions of Article 2 should be graded for awards and reported to the SSTC;
(5) The SSTC will set up a committee for invention evaluation to be responsible for evaluating inventions and working out the award grades for inventions. Evaluation of and awards for inventions will be re-examined by the SSTC, and awards will be issued by the SSTC after its approval;
(6) The procedures for reporting, examining, and approving inventions for special national defence purposes will be laid down separately by the Science and Technology Commission for National Defence and the Office of National Defence Industries (hereinafter referred to as the STCND and the ONDI, respectively). After being examined, graded for awards and approved by the STCND or the ONDI the inventions for special national defence purposes should be reported to the SSTC for verification, approval, and awards.
Article 6. In rewarding inventions, it is necessary to adhere to the principle of putting proletarian politics in command and combining spiritual encouragement and material rewards with emphasis on spiritual encouragement. A wards for inventions are divided into four grades according to their importance. The awards including honorary awards are as follows:
(See table b009.tbl)
Article 7. Extraordinarily important inventions shall be given special-grade awards. Such awards should be reported by the SSTC to the State Council for approval and then issued separately.
Article 8. Reward money for inventions by collectives (including units making cooperative efforts) should be rationally divided among those concerned, according to their respective contributions. Reward money for inventions by individuals should be issued to individuals concerned.
Article 9. All inventions belong to the state. All units throughout the country (including collective-owned units) may make use of inventions as needed.
Article 10. The competent departments of the State Council should offer suggestions on the publication of the details of inventions and on their classification as confidential materials, and then report them to the SSTC for approval. The publication of the details of inventions for special use in national defence and their classification as confidential materials are subject to approval by the STCND or the ONDI.
Article 11. Details of classified inventions which will be supplied to foreign countries for foreign trade or other reasons must first be approved by the SSTC.
Article 12. The overseas Chinese and foreigners may report their inventions to the SSTC. After their inventions are examined and approved, they will be given awards according to these regulations.
Article 13. Disputes over inventions may be reported to higher-level organs which should seriously investigate and handle such disputes.
Article 14. All departments and units should encourage the masses to make inventions, and take a serious scientific approach of seeking truth from facts in this regard. While enforcing the reward system, they must strengthen their ideological and political work, promote the socialist spirit of collaboration and oppose such unhealthy trends as selfish departmentalism, individualism, and refusing to cooperate with others. Those who attack people or repress persons making inventions, who resort to deception regarding inventions and who steal others' fruits of labor should be criticized and educated, and their wrong acts should be rectified. Disciplinary measures should be taken against those involved in serious offences, and they may, when necessary, be punished according to law.
Article 15. These regulations shall go into effect on the date of their promulgation by the State Council.
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