1. Article 1 is revised to read: “In order to protect the patent rights of inventions and creations, encourage inventions and creations, facilitate the promotion and application of inventions and creations, promote scientific and technological progress and innovation, and adapt to the needs of socialist modernization, This law is specially formulated. "2. Article 3 is revised to read: "The patent administration department of the State Council is responsible for managing patent work nationwide; it uniformly accepts and examines patent applications and grants patent rights in accordance with the law.
"Provinces, autonomous regions, and The patent management departments of the people's governments of municipalities directly under the Central Government are responsible for patent management within their respective administrative regions. 3. Article 6 is revised to read: “Inventions and creations that are completed while 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.
“For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
“Use this unit For an invention-creation completed under the material and technical conditions, if the unit has a contract with the inventor or designer and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail. 4. Article 8 is revised to read: "For inventions and creations completed by cooperation between two or more units or individuals, or for inventions and creations completed by one unit or individual upon acceptance of entrustment by other units or individuals, unless otherwise agreed upon, the right to apply for a patent belongs to The unit or individual who completes or co-completes the application; after the application is approved, the unit or individual who applied is the patentee. 5. Delete the second paragraph of Article 10, change the third paragraph to the second paragraph, and change the fourth paragraph to the third paragraph and amend it to read: "To transfer the right to apply for a patent or the patent right, the parties shall enter into a written contract and Register with the Patent Administration Department of the State Council, which will make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration. 6. Article 11 is revised to read: "After the patent right for invention or 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 shall not For production and business purposes, manufacture, use, offer for sale, sell, and import its patented products, or use its patented methods and use, offer for sale, sell, and import products directly obtained according to the patented method.
“After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell, or import its design patented products for production and business purposes. 7. Article 14 is revised to read: "If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall report to the State Council for approval. It can be decided to promote the application within the approved scope and allow designated units to implement it, and the implementing unit will pay royalties to the patentee in accordance with national regulations.
“Invention patents of Chinese collective ownership units and individuals are subject to the state. If the interests or public interests are of great significance and need to be promoted and applied, the provisions of the preceding paragraph shall be followed. 8. Article 16 is revised to read: "The unit that is granted the patent right shall reward the inventor or designer of the service invention-creation; after the invention-creation patent is implemented, the invention-creation patent shall be rewarded based on the scope of its promotion and application and the economic benefits achieved. The inventor or designer shall be given reasonable remuneration. 9. Paragraph 1 of Article 19 is revised to read: "Foreigners, foreign enterprises or other foreign organizations without regular residence or business offices in China who apply for patents and handle other patent matters in China shall entrust the patent administration department of the State Council to designate handled by a patent agency. ”
Add a paragraph as the third paragraph: “Patent agencies shall abide by laws and administrative regulations and handle patent applications or other patent matters as entrusted by the agent; , except where the patent application has been published or announced, shall be responsible for confidentiality. The specific management measures for patent agencies shall be stipulated by the State Council.
10. Article 20 is revised to read: “Chinese entities or individuals that wish to apply for patents in foreign countries for inventions and creations completed domestically shall first apply for patents to the Patent Administration Department of the State Council, entrust a patent agency designated by them to handle the matter, and abide by the the provisions of Article 4 of this Law.
“Chinese entities or individuals may file international patent applications in accordance with relevant international treaties to which the People’s Republic of China is a party. Applicants filing international patent applications shall comply with the provisions of the preceding paragraph.
“The Patent Administration Department of the State Council handles international applications for patents in accordance with relevant international treaties to which the People’s Republic of China is a party, this Law and relevant provisions of the State Council. 11. Article 21 is revised to read: “The patent administration department of the State Council and its Patent Reexamination Committee shall handle patent-related applications and requests in accordance with the requirements of objectivity, fairness, accuracy and timeliness.
“Before the publication or announcement of a patent application, the staff and relevant personnel of the patent administration department of the State Council shall be responsible for keeping its contents confidential.” 12. Article 23 is revised to read: “Granting of patent rights The design shall be different from and similar to the designs that have been publicly published in domestic and foreign publications or publicly used domestically before the filing date, and shall not conflict with other people’s previously acquired legal rights.”