1. Amend Article 1 to read: “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, the Regulations are formulated This Law." 2. Add three paragraphs to Article 2 as paragraphs 2, 3 and 4: "Inventions refer to new technical solutions for products, methods or their improvements.
"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 application based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.” 3. Change the fifth The article is revised to read: "No patent rights will be granted for inventions and creations that violate the law, social ethics or harm the interests of the public.
"For those who obtain or use genetic resources in violation of the provisions of laws and administrative regulations, and No patent rights will be granted for inventions and creations that rely on such genetic resources. "4. Add a paragraph to Article 9 as the first paragraph: "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. 5. Paragraph 2 of Article 10 is revised to read: “Chinese entities or individuals that transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations shall go through the procedures in accordance with the provisions of relevant laws and administrative regulations. 6. Amend the second paragraph of Article 11 to read: "After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture or offer for sale for the purpose of production and business operations." , sell and import its design patented products. 7. Amend Article 12 to read: "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. "8. Delete the second paragraph of Article 14. 9. Add one article as Article 15: "If the holder of the right to apply for a patent or the patent right has an agreement on 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 obtain the consent of all owners.” 10. Replace Articles 15 and 17 The articles are merged as Article 17: "The inventor or designer has the right to state that he or she is the inventor or designer in the patent document.
"The patentee has the right to state in the patent document that he or she is the inventor or designer. The product's packaging is marked with the patent logo. 11. Paragraph 1 of Article 19 is revised to read: “Foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China apply for patents and handle other patent affairs in China, they shall entrust a legally established Handled by patent agency. ”
The second paragraph is modified to read: “Chinese entities or individuals that apply for patents and handle other patent matters domestically may entrust a patent agency established in accordance with the law to handle them.” 12. Amend the first paragraph of Article 20 to read: "Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must report it to the patent administration department of the State Council in advance for confidentiality review." The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council. ”
Add a paragraph as the fourth paragraph: “For inventions or utility models that violate the provisions of paragraph 1 of this article and apply for patents in foreign countries, if a patent is applied for in China, the patent right will not be granted. "13. Add a paragraph to Article 21 as the second paragraph: "The patent administration department of the State Council shall publish patent information completely, accurately and timely, and publish patent gazettes regularly. ” 14. Amend the second paragraph of Article 22 to read: “Novelty means that the invention or utility model does not belong to the existing technology; and no unit or individual has filed a patent for the same invention or utility model before the filing date. An application has been filed with the patent administration department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.
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The third paragraph is modified to read: “Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.” ”
Add a paragraph as paragraph 5: “The prior art mentioned in this Law refers to the technology that is known to the public at home and abroad before the filing date. ” 15. Amend Article 23 to read: “The design for which the patent right is granted shall not belong to the existing design; and no unit or individual has submitted a request to the Patent Administration Department of the State Council for the same design before the date of application. Application and recorded in patent documents published after the filing date.
“The design for which the patent right is granted shall be significantly different from the existing design or the combination of existing design features.
“The design for which the patent right is granted shall not be different from that of others. conflict with legal rights already acquired before the filing date.
“Existing designs as mentioned in this Law refer to designs that are known to the public at home and abroad before the date of application.”