Measures for the Administration of Patent Work (for Trial Implementation)

Article 1 These Measures are formulated in order to strengthen the management of medical patents, promote the popularization and application of medical patent technology, protect invention-creation patents, mediate patent disputes and better serve the progress of medical science and technology. Article 2 The Department of Science, Technology and Education of the State Administration of Medicine shall set up a patent management office to be responsible for the patent management of the whole industry. All provinces, autonomous regions, municipalities directly under the central government and cities under separate state planning shall also set up patent management institutions, or designate special personnel to be responsible for patent management in their respective regions. Article 3 state administration of traditional chinese medicine is responsible for improving and promoting the publicity and education of patent knowledge in the pharmaceutical industry, raising the patent awareness of employees in the pharmaceutical industry, and reflecting the opinions of the pharmaceutical industry on patents to the relevant departments in the State Council. Article 4 Before making scientific research plans, carrying out foreign scientific and technological cooperation, participating in exhibitions and organizing the export of products, all enterprises and institutions in the pharmaceutical system must investigate the patent legal status of the project, so as to improve the level of scientific research creativity and avoid the occurrence of infringement. Article 5 For domestic cooperative research or commissioned research projects, a written contract must be signed in advance to clarify the ownership of patents, lay the foundation for patent application and avoid disputes. Article 6 Before applying for a patent abroad, a unit or individual in the pharmaceutical system shall first file a patent application with the Chinese Patent Office, and after being examined and approved by state administration of traditional chinese medicine, entrust a foreign-related patent agency designated by the State Council to handle the foreign application procedures. Article 7 Any unit or individual in the pharmaceutical system that independently or jointly applies for a patent abroad according to the contract must report it to state administration of traditional chinese medicine for the record. Article 8 To apply for a patent for service invention in the medical system, an application must be submitted to the Chinese Patent Office with the consent of the entity, and the application documents shall be submitted to state administration of traditional chinese medicine for the record. Article 9 When a unit or individual in the pharmaceutical system transfers its patent application right or patent right to a foreigner, it must be approved by the superior competent department and submitted to state administration of traditional chinese medicine for approval, and a written contract shall be concluded by both parties, which shall take effect after being registered by the China Patent Office. Article 10 According to the national plan, state administration of traditional chinese medicine has the right to decide to allow important invention-creation patents in the system to be implemented by designated units. Patents of collective units or individuals that are of great significance to national interests or public interests and need to be popularized and applied may also be examined and approved by state administration of traditional chinese medicine after being reported to the State Council for approval. The implementing entity shall pay the royalties to the patentee. Article 11 Where the patentee fails to exploit his patent in China for three years without justifiable reasons after being granted the patent right, the entity with the conditions for exploitation may apply to the Chinese Patent Office for compulsory license, and the State Administration of Traditional Chinese Medicine will assist the enterprise to create the conditions for exploitation as needed and do a good job in applying for compulsory license. Article 12 If the patentee or interested party makes a request for the infringement of his patent without the permission of the patentee, state administration of traditional chinese medicine has the right to order the infringer to stop the infringement and compensate the losses. If a party refuses to accept it, he may bring a lawsuit to the people's court. State administration of traditional chinese medicine may request the people's court for compulsory execution if neither prosecution nor performance is made at the expiration of the time limit. Article 13 Where a unit or individual exploits an invention without paying the royalties after the publication of the application for a patent for invention and before the patent right is granted, the patentee may require the implementing unit or individual to pay the appropriate royalties after the patent right is granted. If both parties fail to reach an agreement, the applicant may request the State Administration of Traditional Chinese Medicine to intervene or handle it. Article 14 Personnel engaged in patent management or agency at all levels in state administration of traditional chinese medicine shall have the obligation of confidentiality before the patent is approved. If the content of the invention is leaked, state administration of traditional chinese medicine will instruct its competent department to give administrative sanctions as appropriate; If the circumstances are serious, the case shall be submitted to the court for criminal responsibility. Article 15 Any patent formalities required to be handled by state administration of traditional chinese medicine must be done in writing, otherwise it will not be accepted.