Chapter 1 General Provisions Article 1 This Law is formulated in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development. Article 2 The inventions and creations referred to in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. Article 3 The Patent Administration Department of the State Council is responsible for managing patent work nationwide; it uniformly accepts and examines patent applications and grants patent rights in accordance with the law.
The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions. Article 4 If the invention-creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations. Article 5 No patent right will be granted for inventions and creations that violate the law, social ethics or harm the interests of the public.
Patent rights will not be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources. Article 6: Inventions and creations that are completed in the performance of the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed by utilizing the unit’s material and technical conditions, if the unit has a contract with the inventor or designer and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail. Article 7 No unit or individual may suppress an inventor or designer's application for a non-service invention-creation patent. Article 8 For inventions and creations completed by cooperation between two or more units or individuals, or for inventions and creations completed by one unit or individual under the entrustment of another unit or individual, unless otherwise agreed, the right to apply for a patent shall belong to the completed or jointly completed inventions. The unit or individual who applied for the patent shall be the patentee after the application is approved. Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for a patent for the same invention, the patent right shall be granted to the person who applies first. Article 10 The right to apply for a patent and the patent right may be transferred.
When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration. Article 11 After patent rights for inventions and utility models are granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or use the patent for production and business purposes. Promise to sell, sell, or import its patented products, or use its patented methods, or use, promise to sell, sell, or import products directly obtained according to the patented methods.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, offered for sale, sold, or imported for production and business purposes. product. Article 12 Any unit or individual that exploits another person’s patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent. Article 13 After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees.
Article 14 If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval of the State Council, decide whether to use them within the scope of approval. To promote the application, designated units are allowed to implement, and the implementing unit shall pay royalties to the patentee in accordance with national regulations. Article 15 If the holder of the right to apply for a patent or the patent right has an agreement regarding the exercise of the right, the agreement shall prevail. If there is no agreement, the first owner can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the first owners.
Except for the circumstances specified in the preceding paragraph, the exercise of the owner's patent application right or patent right shall require the consent of all owners. Article 16 The unit that is granted the patent right shall reward the inventor or designer of the service invention; after the invention-creation patent is implemented, the inventor or designer shall be given reasonable rewards based on the scope of its promotion and application and the economic benefits obtained. of remuneration.