(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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