The Patent Law of People's Republic of China (PRC) is a law and regulation formulated to protect the legitimate rights and interests of patentees, encourage invention and creation, promote invention and application, improve innovation ability, and promote scientific and technological progress and economic and social development.
1984 March 12 the patent law of People's Republic of China (PRC) was adopted by the fourth session of the standing Committee of the 6th NPC;
According to1September 4, 992, the 27th meeting of the Standing Committee of the 7th NPC made the first revision.
According to the Decision on Amending the Patent Law of People's Republic of China (PRC) at the 17th meeting of the Standing Committee of the Ninth NPC on August 25th, 2000, the second amendment was made;
The third amendment was made in accordance with 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 latest patent law includes general principles, conditions for granting patent right, patent application, examination and approval of patent application, duration, termination and invalidation of patent right, compulsory license for patent exploitation, protection of patent right and supplementary provisions.
Issuing unit
the Standing Committee of the National People's Congress
Reference number
Decree No.8 of the President of the People's Republic of China
Promulgation time
2008- 12-27
Implementation time
2009- 10-0 1
in time
Current validity
Text content
Chapter I General Provisions
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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and 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 to carry out the tasks or main tasks of this unit