Differences between Patent Law and Detailed Rules for the Implementation of Patent Law

Legal subjectivity:

There are many detailed rules for the implementation of the patent law. What do you want to know? To apply for a patent in writing, the applicant 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;

Legal objectivity:

Article 48 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances, and upon the application of a unit or individual who has the conditions for implementation, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent: (1) The patentee has not exploited or fully exploited his patent for three years from the date of granting the patent right, and for four years from the date of patent application, without justifiable reasons; (2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.