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 state laws, social ethics or harm public interests. Article 6 A service invention is an invention created by performing the tasks of the unit or mainly using the material and technical conditions of the unit. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
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 The patent right for cooperative invention belongs to the invention-creation jointly completed by two or more units or individuals, or the invention-creation entrusted by one unit or individual to other units or individuals. Unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completed it or jointly completed it; After the application is approved, the applicant unit or individual shall be the patentee. Article 9 Principle of First Application 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 patent application right or patent right to a foreigner, it must be approved by the relevant competent department in the State Council.
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, they may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, or use the patented method or 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 the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes. Article 12 Any unit or individual that exploits the patent of others shall conclude a written licensing 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 that exploits the invention to pay an appropriate fee. Article 14 Where an invention patent of a state-owned enterprise or institution is of great significance to the national interest or public interest, with the approval of the State Council, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations.
Invention patents of collectively-owned units and individuals in China are of great significance to national interests or public interests, and need to be popularized and applied, with reference to the provisions of the preceding paragraph. Article 15 The patentee has the right to indicate the patent mark and patent number on his patented product or the package of the product. Article 16 A unit that has been granted the patent right for a service invention shall reward the inventor or designer of the service invention-creation; 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. Article 17 An inventor or designer with a signature has the right to state clearly in the patent document that he is an inventor or designer. Article 18 Where a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China needs to apply for a patent in China, it shall do so 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.