Transitional measures for implementing the revised patent law

Article 1 In order to ensure the implementation of the Decision of the NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC) promulgated on February 27, 2008, these Measures are formulated in accordance with the provisions of Article 84 of the Legislative Law. Article 2 The provisions of the Patent Law before amendment shall apply to patent applications filed before 10, 2009 (excluding that date, the same below) and patent rights granted according to the patent applications; The provisions of the revised Patent Law are applicable to patent applications filed after 10, 2009 (including that date, the same below) and patent rights granted according to the patent applications; However, the following provisions of these Measures do not include the special provisions on the patent application filed before 2009 10 and the patent right granted according to this application.

The meaning of the filing date mentioned in the preceding paragraph shall be understood in accordance with the relevant provisions of the detailed rules for the implementation of the Patent Law. Article 3 Where a compulsory patent license is requested after June 65, 2009+10/October 65 +0, the provisions of Chapter VI of the Revised Patent Law shall apply. Article 4 The provisions of Articles 11, 62, 69 and 70 of the revised Patent Law shall apply to the patent administrative department in handling cases of suspected patent infringement that occurred after June 6, 2009+10/October 6. Article 5 The provisions of Articles 63 and 64 of the revised Patent Law shall apply to the investigation and punishment of suspected patent counterfeiting by the patent administrative department after June 65438+1 October12009. Article 6 Where the patentee marks the patent after June 65438+1 October1day, 2009, the provisions of Article 17 of the revised Patent Law shall apply. Article 7 Where a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China entrusts or changes a patent agency after June 5438+ 10/2009, the provisions of Article 19 of the revised Patent Law shall apply. Article 8 These Measures shall come into force as of June 6, 2009.