China Patent Law Implementation Date

patent law of the people's republic of china

(1March, 984 12) The fourth meeting of the Standing Committee of the Sixth NPC was adopted according to the Provisions of the 27th meeting of the Standing Committee of the Seventh NPC on Amending the Lawyers Law of People's Republic of China (PRC). The first amendment was based on the Decision on Amending the Patent Law of People's Republic of China (PRC) at the 9th NPC Standing Committee17th meeting on August 25th, 2000, and the second amendment was based on the Decision on Amending the Patent Law of People's Republic of China (PRC) at the 6th meeting of the 11th NPC Standing Committee on February 27th, 2008. The decision of the Patent Law of People's Republic of China (PRC) was revised according to the Decision on Amending the Patent Law of People's Republic of China (PRC) at the 22nd meeting of the 13th NPC Standing Committee on June 5, 2020).

catalogue

Chapter I General Principles

Chapter II Conditions for Granting Patent Rights

Chapter III Patent Application

Chapter IV Examination and Approval of Patent Applications

Chapter V Duration, Termination and Invalidation of Patent Right

Chapter VI Special License for Patent Exploitation

Chapter VII Protection of Patent Right

Chapter VIII Supplementary Provisions

Chapter I General Principles

Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

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.

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.

No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using 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. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.

Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.

Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.

Article 10 The right to apply for a patent and the patent right may be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.

Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.

Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.

Article 14 Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.

Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.

Fifteenth units that have been granted patent rights shall reward the inventors or designers of service inventions and creations; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.

The state encourages units that have been granted patent rights to implement property rights incentives by means of equity, options and dividends. , so that inventors or designers can share the benefits of innovation reasonably.

Article 16 An inventor or designer has the right to state clearly in the patent document that he is an inventor or designer.

The patentee has the right to indicate the patent mark on his patented product or the packaging of the product.

Article 17 Where a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or in accordance with the principle of reciprocity.

Article 18 Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China who apply for patents and handle other patent affairs in China shall entrust a legally established patent agency to handle them.