China's current People's Republic of China (PRC) Patent Law came into effect on June 5438+1 October1. The Decision of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC) was adopted at the 6th meeting of the 11th NPC Standing Committee in People's Republic of China (PRC) on February 27th, 2008.
When was the Patent Law officially implemented?
The Patent Law of People's Republic of China (PRC) came into effect on April, 2005 1985. Details are as follows:
(A) the source of words
"Patent", which means publicity, originally refers to the document that can be read without being opened with the national seal. With the patent certificate issued by the state, the patentee who is granted the patent right enjoys the exclusive right to manufacture, use and sell (including importing patented inventions or designs from some countries) within the time limit prescribed by law. Others must obtain the consent of the patentee to do the above acts, otherwise it is infringement. After the expiration of the patent right, the patent right shall be extinguished. Anyone can use the invention or design for free.
It is generally believed that the purpose of the promulgation and implementation of the patent law by the state is to promote the active investment of market resources in a direction conducive to the continuous production of inventions and creations, and to promote the prosperity and development of economic industries. Therefore, the state grants the inventor the monopoly right for a certain period of time through legal procedures, and at the same time requires him to disclose the invention content to the whole society, so as to improve the willingness of individual inventions in the market and promote the rapid accumulation and development of the overall technical level of society. In this regard, China's Patent Law describes the legislative purpose as: "This Law is formulated in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation ability, and promote scientific and technological progress and economic and social development."
(B) the development of China.
China's patent law is 20 years.
(1)1984 March 12. After more than five years of brewing, the Patent Law of People's Republic of China (PRC) was promulgated and officially implemented in April 1985. With the implementation of the patent law, inventions can be protected by law as intangible property.
(2) 1992, China revised the patent law for the first time, expanded the scope of patent protection, extended the duration of patent right, strengthened the protection of imported patented products, stipulated that the patent protection of the method was extended to the products directly obtained by this method, and re-stipulated the conditions of compulsory patent license. It indicates that the level of patent protection in China has reached a new height, and it is increasingly coordinated with the international development trend.
(3) June 1 993+1October1,China began to implement the revised patent law.
(4) On August 25th, 2000, the Decision on Amending the Patent Law of People's Republic of China (PRC) was adopted.
(5) On June 2003, 65438+1 October1,the patent application number rose from 8 digits to 12 digits.
(6) On March 12, 2004, on the occasion of the 20th anniversary of the promulgation of China's Patent Law, China's "Electronic Patent Application System" was officially opened, and the first China electronic patent application was born, which made great contributions to the patent history of China.
(7) On March 7th, 2004, the fifth day after the 20th anniversary of the promulgation of China Patent Law, the total number of patent applications in China exceeded 2 million, which truly realized the leap-forward development of patent applications.
With the enactment of the patent law, more and more patents in China have been protected, and more and more patent applicants have emerged, which shows that the protection of intellectual property rights is very important.
To sum up, let me sort out the relevant contents of the patent law. It can be seen that if there is such infringement around us, we must act consciously, respect the performance of the inventor, and never covet temporary cheap, but invisibly encourage the arrogance of piracy.
Legal basis:
Article 60 of the Patent Law of People's Republic of China (PRC) The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Article 63 If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).