Article l1 "A service invention-creation made by a person in execution
of the tasks of the entity to which he belongs" referred to in Article 6 of the
Patent Law means any invention-creation made:
(1) in the course of performing
his own duty;
(2) in execution of any task, other than his own duty, which
was entrusted to him by the entity to which he belongs;
(3) within one year
from his resignation, retirement or change of work, where the invention-creation
relates to his own duty or the other task entrusted to him by the entity to
which he previously belonged.
"The entity to which he belongs" referred to in
Article 6 of the Patent Law includes the entity in which the person concerned is
a temporary staff member. "Material and technical means of the entity" referred
to in Article 6 of the Patent Law mean the entity's money, equipment, spare
parts, raw materials or technical materials which are not disclosed to the
public.
Article 12 "Inventor" or "creator" referred to in the Patent Law means
any person who makes creative contributions to the substantive features of an
invention-creation. Any person who, during the course of accomplishing the
invention-creation, is responsible only for organizational work, or who offers
facilities for making use of material and technical means, or who takes part in
other auxiliary functions, shall not be considered as inventor or creator.
Article l3 For any identical invention-creation, only one patent right shall
be granted.
Two or more applicants who respectively file, on the same day,
applications for patent for the identical invention-creation, as provided for in
Article 9 of the Patent Law, shall, after receipt of a notification from the
Patent Administration Department under the State Council, hold consultations
among themselves to decide the person or persons who shall be entitled to file
the application.
Article 14 Any assignment of the right to apply for a patent or of the patent
right, by a Chinese entity or individual, to a foreigner shall be approved by
the competent department for foreign trade and economic affairs of the State
Council in conjunction with the science and technology administration department
of the State Council.
Article 15 Except for the assignment of the patent right in accordance with
Article 10 of the Patent Law, where the patent right is transferred because of
any other reason, the person or persons concerned shall, accompanied by relevant
certified documents or legal papers, request the Patent Administration
Department under the State Council to make a registration of change in the owner
of the patent right.
Any license contract for exploitation of the patent
which has been concluded by the patentee with an entity or individual shall,
within three months from the date of entry into force of the contract, be
submitted to the Patent Administration Department under the State Council for
the record.
Chapter II Application for Patent
Article l6 Anyone who applies for a patent in written form shall file with
the Patent Administration Department under the State Council application
documents in two copies.
Anyone who applies for a patent in other forms as
provided by the Patent Administration Department under the State Council shall
comply with the relevant provisions.
Any applicant who appoints a patent
agency for applying for a patent, or for having other patent matters to attend
to before the Patent Administration Department under the State Council, shall
submit at the same time a power of attorney indicating the scope of the power
entrusted.
Where there are two or more applicants and no patent agency is
appointed, unless otherwise stated in the request, the applicant named first in
the request shall be the representative.
Article l7 "Other related matters" in the request referred to in Article 26,
paragraph two of the Patent Law means:
(1) the nationality of the
applicant;
(2) where the applicant is an enterprise or other organization,
the name of the country in which the applicant has the principal business
office;
(3) where the applicant has appointed a patent agency, the relevant
matters which shall be indicated; where no patent agency is appointed, the name,
address, postcode and telephone number of the liaison person;
(4) where the
priority of an earlier application is claimed, the relevant matters which shall
be indicated;
(5) the signature or seal of the applicant or the patent
agency;
(6) a list of the documents constituting the application;
(7) a
list of the documents appending the application; and
(8) any other related
matter which needs to be indicated.
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