patent law of the people's republic of china
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 4 Where an invention-creation applying for a patent involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.
Extended data:
Requirements for patent application:
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 15 Anyone who applies for a patent in written form shall submit the application documents in duplicate to the patent administration department of the State Council. To apply for a patent in other forms prescribed by the administrative department for patent in the State Council, the prescribed conditions shall be met.
Where the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department of the State Council, it shall also submit a power of attorney, indicating the authorization authority.
If there are more than two applicants who have not entrusted a patent agency, unless otherwise stipulated in the request, the first applicant specified in the request shall be the representative.
Article 16 The request for an application for a patent for invention, utility model or design shall specify the following items:
(1) the name of the invention, utility model or design;
(2) If the applicant is a unit or individual in China, its name, address, postal code, organization code or ID number; If the applicant is a foreigner, foreign enterprise or other foreign organization, its name, nationality or registered country or region;
(3) the name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and agency code of the entrusted agency and the name, practice license number and contact telephone number of the patent agent designated by the agency;
(5) Where priority is claimed, the filing date, application number and the name of the original accepting institution of the first patent application filed by the applicant (hereinafter referred to as the earlier application);
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of attached documents;
(nine) other related matters that need to be explained.