Monday, December 17, 2007

Chinese language - Patent Law of the People's Republic of China (2000)

BIZCHINA / Intellectual property

Patent Law of the People's Republic of China (2000)

Updated: 2006-04-17 14:45

(Adopted at the 4th Meeting of the Standing Committee of the Sixth
National People's Congress on March 12,1984

Amended in accordance with the Decision of the Standing Committee of the
Seventh National People's Congress on Amending the Patent Law of the
People's Republic of China at its 27th Meeting on September 4,1992

Amended again in accordance with the Decision of the Standing Committee
of the Ninth National People's Congress on Amending the Patent Law of the
People's Republic of China adopted at its 17th Meeting on August 25,2000)

Chapter I  General Provisions

Article 1   This Law is enacted to protect patent rights for
inventions-creations, to encourage invention-creation,  to foster the
spreading and application of inventions-creations, and to promote the
development and innovation of science and technology, for meeting the
needs of the construction of socialist modernization.

Article 2   In this Law, "inventions-creations"  mean   inventions,
utility models and designs.

Article 3   The patent administration department under the State Council
is responsible for the patent work throughout the country. It receives
and examines patent applications and grants patent rights for
inventions-creations in accordance with law.
The administrative authority for patent affairs under  the people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government are responsible for the administrative work
concerning patents in their respective administrative areas .

Article 4   Where an invention-creation for which a patent is applied for
relates to the security or other vital interests of the State and is
required to be kept secret, the application shall be treated in
accordance with the relevant prescriptions of the State.

Article 5   No patent right shall be granted for any invention-creation
that is contrary to the laws of the State or social morality or that is
detrimental to public interest.

Article 6   An invention-creation, made by a person in execution of the
tasks of the entity to which he belongs, or made by him mainly by using
the material and technical means of the entity is a service
invention-creation. For a service invention-creation, the right to apply
for a patent belongs to the entity. After the application is approved,
the entity shall be the patentee.
For a non-service invention-creation, the right to apply for a patent
belongs to the inventor or creator. After the application is approved,
the inventor or creator shall be the patentee.
In respect of an invention-creation made by a person using the material
and technical means of an entity to which he belongs, where the entity
and the inventor or creator have entered into a contract  in which the
right to apply for and own a patent is provided for, such a provision
shall apply.

Article 7.  No entity or individual shall prevent the inventor or creator
from filing an application for a patent for a non-service
invention-creation.

Article 8.  For an invention-creation jointly made by two or more
entities or individuals, or made by an entity or individual in execution
of a commission given to it or him by another entity or individual, the
right to apply for a patent belongs, unless otherwise agreed upon, to the
entity or individual that made, or to the entities or individuals that
jointly made, the invention-creation. After the application is approved,
the entity or individual that applied for it shall be the patentee.

Article 9.  Where two or more applicants file applications for patent for
the identical invention-creation, the patent right shall be granted to
the applicant whose application was filed first.

Article 10.  The right to apply for a patent and the patent right may be
assigned.
Any assignment, by a Chinese entity or individual, of the right to apply
for a patent, or of the patent right, to a foreigner must be approved by
the competent department concerned of the State Council.
Where the right to apply for a patent or the patent right is assigned,
the parties shall conclude a written contract and register it with the
patent administration department under the State Council.  The patent
administration department under the State Council  shall announce the
registration. The assignment shall take effect as of the date of
registration.

Article 11  After the grant of the patent right for an invention or
utility model, except where otherwise provided for in this Law, no entity
or individual may, without the authorization of the patentee, exploit the
patent, that is, make, use, offer to sell, sell or import the patented
product, or use the patented process, and use, offer to sell, sell or
import the product directly obtained by the patented process, for
production or business purposes.
After the grant of the patent right for a design, no entity or individual
may, without the authorization of the patentee, exploit the patent, that
is, make, sell or import the product incorporating its or his patented
design, for production or business purposes.

Article 12.  Any entity or individua1 exploiting the patent of another
shall conclude with the patentee a written license contract for
exploitation and pay the patentee a fee for the exploitation of the
patent. The licensee has no right to authorize any entity or individual,
other than that referred to in the contract for exploitation, to exploit
the patent.

Article 13.  After the publication of the application for a patent for
invention, the applicant may require the entity or individual exploiting
the invention to pay an appropriate fee.

Article 14.  Where any patent for invention, belonging to any State-owned
enterprise or institution, is of great significance to the interest  of
the State or to the public interest, the competent departments concerned
under the State council and the people's governments of provinces,
autonomous regions or municipalities directly under the Central
Government may, after approval by the State Council, decide that the
patented invention be spread and applied within the approved  limits, and
allow designated entities to exploit that invention. The exploiting
entity shall, according to the regulations of the State, pay a fee for
exploitation to the patentee .
Any patent for invention belonging to a Chinese individual or an entity
under collective ownership, which is of great significance to the
interest of the State or to the public interest and is in need of
spreading and application, may be treated alike by making reference to
the provisions of the preceding paragraph.

Article l5.  The patentee has the right to affix a patent marking and to
indicate the number of the patent on the patented product or on the
packing of that product.

Article 16.  The entity that is granted a patent right shall award to the
inventor or creator of a service invention--creation a reward and, upon
exploitation of the patented invention-creation, shall pay the inventor
or creator a reasonable remuneration based on the extent of spreading and
application and the economic benefits yielded.

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