Patent Law of the People's Republic of China (Adopted at the 4th Meeting of the Standing Committee of the Sixth National People's Congress on March 12,1984 and promulgated by Order No.11 of the President of the People’s Republic of China on March 12,1984; amended for the first time in accordance with the Decision of the Standing Committee of the
大课间活动
Seventh National People's Congress on Amending the Patent Law of the People's Republic of China at its 27th Meeting on September 4,1992 and amended again in accordance with the Decision of the Standing Committee of the Ninth
National People's Congress on Amending the Patent Law of the People's
Republic of China adopted at its 17th Meeting on August 25, 2000)
Contents
Chapter I General Provisions
Chapter II Conditions for the Grant of Patent Rights
Chapter III Application for Patents
Chapter IV Examination and Approval of Patent Applications
Chapter V Term, Termination and Invalidation of Patent Rights
Chapter VI Compulsory Licence for Exploitation of a Patent
Chapter VII Protection of Patent Rights
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to protect patent rights for
inventions-creations，encourage invention-creation，to facilitate the wide酸汤肥牛的家常做法
application of inventions-creations, promote the progress and innovation of
science and technology，and meet the needs of the socialist modernization drive.
Article 2 For the purpo of this Law, "invention-creation" means inventions, utility models and designs.
Article 3 The patent administration department under the State Council is
欲之祸responsible for the patent work throughout the country. It accepts and examines patent applications and grants patent rights for inventions-creations in
accordance with law.
The administrative authority for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central
Government are responsible for the administrative work concerning patents in their respective administrative areas.
Article 4 If an invention-creation for which a patent is applied involves national curity or other vital interests of the State that require crecy, the matter shall be treated in accordance with the relevant provisions of the State.
物业工程部Article 5 No patent right shall be granted for any invention-creation that violates the laws of the State, goes against social morals or is detrimental to the public interest.
Article 6 An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a rvice invention-creation. For a rvice intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.
For a non-rvice invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, the inventor or creator shall be the patentee.
In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the inventor or creator have entered into a contract in which the right to apply for and own a patent is provided for, such a provision shall apply.
Article 7 No entity or individual may suppress the application of an inventor or designer for a patent in respect of an invention-creation that is not job-related.
Article 8 For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwi agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is
approved, the entity or individual that applies for it shall be the patentee.小鸡手工制作
Article 9 If two or more applicants apply parately for a patent on the same invention-creation, the patent right shall be granted to the person who applied first.
Article 10 The right of patent application and the patent right itlf may be assigned.
If a Chine entity or individual wishes to assign a right of patent application or a patent right to a foreigner, it or he must obtain the approval of the relevant competent department under the State Council.
Where the right to apply for a patent or the patent right is assigned, the parties shall conclude a written contract and register it with the patent administration department under the State Council. The patent administration department under the State Council shall announce the registration. The assignment shall take effect as of the date of registration.
Article 11 After the grant of the patent right for an invention or utility model, except where otherwi provided for in this Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, u, offer to ll, ll or import the patented product, or u the patented pr
ocess, or u, offer to ll, ll or import the product directly obtained by the patented process, for production or business purpos.
After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the design, that is, make, ll or import the product incorporating its or his patented design, for production or business purpos.
Article 12 Except as provided for in Article 14 of this Law, any entity or individual exploiting the patent of another must conclude a written licensing contract with the patentee and pay the patentee a fee for the exploitation of its or his patent. The licene shall not have the right to authorize any entity or individual other than that referred to in the contract to exploit the patent.
Article 13 After the application for an invention patent has been publicly announced, the applicant may require the entities or individuals exploiting the invention to pay an appropriate fee.
Article 14 Where any patent for invention, which belongs to any State-owned enterpri or institution, is of great significance to the interests of the State or the public, the competent departments concerned under the State Council and the people's governments of provinces, autonomous regions or municipalities directly under the Central Government may, after approval by the State Council, de
cide that the patented invention be widely applied within the approved limits, and allow designated entities to exploit that invention. The exploiting entity shall, according to the regulations of the State, pay a fee for exploitation to the patentee .
Any patent for invention belonging to a Chine individual or an entity under collective ownership, which is of great significance to the interests of the State or the public and needs to be widely applied, may be treated alike by making reference to the provisions of the preceding paragraph.
Article 15 The patentee shall have the right to affix a patent marking and indicate the patent number on the patented product or on the packaging of that product.
毛毛虫实验Article 16 The entity that is granted a patent right shall reward to the inventor or creator of a rvice invention--creation and, upon exploitation of the patented invention-creation, shall give the inventor or creator a reasonable remuneration bad on the extent the invention-creation is applied and the economic benefits it yields.
Article 17 An inventor or designer shall have the right to name himlf as such in the patent document.
Article 18 If a foreigner, foreign enterpri or other foreign organization having no regular residence or place of business in China files an application for a patent in China, the application shall be handled under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
Article 19 Where any foreigner, foreign enterpri or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the patent administration department under the State Council to act as his or its agent.
If any Chine entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may entrust a patent agency to act on its or his behalf.
The patent agency shall comply with the provisions of laws and administrative regulations, and handle patent applications and other patent matters according to the instructions of its clients. In respect of the contents of its clients' inventions-creations, except for tho that have been published or announced, the agency shall bear the responsibility of keeping them confidential. The administrative regulations governing the patent agency shall be formulated by the State Council.
Article 20 Where any Chine entity or individual intends to file an application in a foreign country for a patent for invention-creation made in China, it or he shall file first an application for patent with the patent administration department under the State Council, appoint a patent agency designated by the said department to act as its or his agent, and comply with the provisions of Article 4 of this Law.
Any Chine entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph.
The patent administration department under the State Council shall handle any international application for patent in accordance with the international treaty concerned to which China is party, this Law and the relevant regulations of the State Council.
Article 21 The patent administration department under the State Council and the Patent Reexamination Board under the department shall handle any patent application and patent-related request according to law and in conformity with the requirements for being objective, fair, correct and timely.
Until the publication or announcement of the application for a patent, staff members of the patent ad
ministration department under the State Council and other persons involved have the duty to keep its content cret.
Chapter II Conditions for the Grant of Patent Rights
Article 22 Any invention or utility model for which a patent right may be granted must posss the characteristics of novelty, inventiveness and ufulness.
"Novelty" means that, before the filing date of the application, no identical invention or utility model has been publicly disclod in domestic or foreign publications or has been publicly ud or made known to the public by any other means in the country, nor has any other person previously filed with the patent administration department under the State Council an application describing an identical invention or utility model which was recorded in patent application documents published after the said date of filing.
"Inventiveness" means that, compared with the technology existing before the filing date of the application, the invention has prominent and substantive distinguishing features and reprents a marked improvement, or the utility model posss substantive distinguishing features and reprents an improvement.
"Ufulness" means that the invention or utility model can be made or ud and can produce positive results.
Article 23 No design for which patent right is to be granted may be identical with or simi1ar to any design which, before the date of filing, has been publicly disclod in publications in the country or abroad or has been publicly ud in the country, or be in conflict with any prior legal rights of any other person. Article 24 Any invention-creation for which a patent is applied shall not lo its novelty if, within six months before the filing date of the application, one of the following events has occurred:
(1) it was exhibited for the first time at an international exhibition sponsored or recognized by the Chine Government;
(2) it was made public for the first time at a prescribed academic or technical conference; or
(3) it was disclod by any person without the connt of the applicant.
Article 25 For any of the following, no patent right shall be granted:
(1) scientific discoveries;
封条怎么写(2) rules and methods for mental activities;
(3) methods for the diagnosis or for the treatment of dias;
(4) animal and plant varieties;
(5) substances obtained by means of nuclear transformation.
For process ud in producing products referred to in item (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.
新乡凤凰山Chapter III Application for Patents
Article 26 When a patent application is filed for an invention or a utility model, relevant documents shall be submitted, including a written request, a specification and an abstract thereof, and a patent claim.
The written request shall state the title of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other related matters.
The specification shall describe the invention or utility model in a manner sufficiently clear and complete so that a person skilled in the relevant field of technology can accurately produce it; where necessary, drawings shall be appended. The abstract shall describe briefly the technical esntials of the invention or utility model.
The patent claim shall, on the basis of the specification, state the scope of the patent protection requested.
Article 27 When a patent application is filed for a design, relevant documents shall be submitted, including a written request and drawings or photographs of the design; the product on which the design is to be ud and the category of that product shall also be indicated.
Article 28 The date on which the patent administration department under the State Council receives the patent application documents shall be the filing date of
