Chapter 1 General Provisions Article 1 The legislative purpose is 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 enacted. Article 2 Inventions and Creations The inventions and creations referred to in this Law refer to inventions, utility models and designs. Article 3 The administrative department, 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.
The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions. Article 4 Confidentiality Treatment If an invention-creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations. Article 5 Where patent rights are not granted, patent rights will not be granted for inventions and creations that violate national laws, social ethics or harm the interests of the public. Article 6: Service inventions are service inventions that are completed when performing the tasks of the unit or mainly utilizing 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 unit becomes the patentee.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed by utilizing the unit’s 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. Article 7: Non-service patent applications shall not be suppressed by any unit or individual regarding non-service invention-creation patent applications made by inventors or designers. Article 8 The patent right for a cooperative invention belongs to an invention-creation completed by the cooperation of two or more units or individuals, or an invention-creation completed by one unit or individual under the entrustment of another unit or individual. Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed or completed by one unit or individual. ***The unit or individual who has completed the application; after the application is approved, the unit or individual who applied is the patentee. Article 9: First-to-file principle: If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first. Article 10 Transfer of application rights and patent rights Patent application rights and patent rights may be transferred.
Any transfer of patent application rights or patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities of the State Council.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration. Article 11 Exclusive provisions: After the patent right for inventions and utility models 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, no unit or individual may manufacture or operate for the purpose of production and business operations. Use, offer to sell, sell, or import its patented products, or use its patented methods, and use, offer to sell, sell, or import products directly obtained according to the patented methods.
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. Article 12 Licensing Contract Any unit or individual that exploits another person’s patent shall enter into a written licensing contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent. Article 13 Payment of Invention Implementation Fees After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees. Article 14 If the invention patents of state-owned enterprises and public institutions for public welfare inventions 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 may, upon approval by the State Council, decide whether Promote and apply within the scope, allow designated units to implement, and the implementing units shall pay royalties to the patentee in accordance with national regulations.
If the invention patents of China's collective ownership units and individuals are of great significance to national interests or public interests and need to be promoted and applied, they shall be handled in accordance with the provisions of the preceding paragraph. Article 15: Patent number mark The patentee has the right to mark the patent mark and patent number on its patented product or the packaging of the product. Article 16 Service Invention Awards The unit to which the patent right is granted shall reward the inventor or designer of the service invention; after the invention-creation patent is implemented, the inventor or designer shall be rewarded based on the scope of its promotion and application and the economic benefits obtained. Give people reasonable remuneration. Article 17 The inventor or designer with the right of signature has the right to indicate that he or she is the inventor or designer in the patent document. Article 18 Foreign-related regulations: Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China apply for patents in China in accordance with the agreements signed by their countries with China or international treaties to which the country has signed, or In accordance with the principle of reciprocity, it shall be handled in accordance with this Law.