Article l7. The inventor or creator has the right to be named as such
in the patent document.
Article 18. Where any foreigner, foreign enterprise or other foreign
organization having no habitual residence or business office in China files an
application for a patent in China, the application sha1l be treated under this
Law in accordance with any agreement concluded between the country to which the
applicant belongs and China, or in accordance with any international treaty to
which both countries are party, or on the basis of the principle of
Article l9. Where any foreigner, foreign enterprise or other foreign
organization having no habitual residence or business office in China applies
for a patent, or has other patent matters to attend to, in China, it or he shall
appoint a patent agency designated by the patent administration department
under the State Council to act as his or its agent.
Where any Chinese
entity or individual applies for a patent or has other patent matters to attend
to in the country, it or he may appoint a patent agency to act as its or his
The patent agency shall comply with the provisions of laws and
administrative regulations, and handle patent applications and other patent
matters according to the instructions of its clients. In respect of the contents
of its clients' inventions-creations, except for those that have been published
or announced, the agency shall bear the responsibility of keeping them
confidential. The administrative regulations governing the patent agency shall
be formulated by the State Council.
Article 20. Where any Chinese entity or individual intends to file an
application in a foreign country for a patent for invention-creation made in
China, it or he shall file first an application for patent with the patent
administration department under the State Council, appoint a patent agency
designated by the said department to act as its or his agent, and comply
with the provisions of Article 4 of this Law.
Any Chinese entity or
individual may file an international application for patent in accordance with
any international treaty concerned to which China is party. The applicant filing
an international application for patent shall comply with the provisions of the
The patent administration department under the State
Council shall handle any international application for patent in accordance with
the international treaty concerned to which China is party, this Law and the
relevant regulations of the State Council.
Article 21. The patent administration department under the State Council and
its Patent Reexamination Board shall handle any patent application and
patent-related request according to law and in conformity with the requirements
for being objective, fair, correct and timely.
Until the publication or
announcement of the application for a patent, staff members of the patent
administration department under the State Council and other persons involved
have the duty to keep its contents secret.
Chapter II Requirements for Grant of Patent Right
Article 22. Any invention or utility model for which patent right may
be granted must possess novelty, inventiveness and practical
Novelty means that, before the date of filing, no identical
invention or utility model has been publicly disclosed in publications in the
country or abroad or has been publicly used or made known to the public by any
other means in the country, nor has any other person filed previously with the
Patent Administration Department Under the State Council an application
which described the identical invention or utility mode1 and was published after
the said date of filing.
Inventiveness means that, as compared with the
technology existing before the date of filing, the invention has prominent
substantive features and represents a notable progress and that the utility
model has substantive features and represents progress.
applicability means that the invention or utility model can be made or used and
can produce effective results.
Article 23. Any design
for which patent right may be granted must not be identical with and simi1ar to
any design which, before the date of filing, has been publicly disclosed in
publications in the country or abroad or has been publicly used in the country,
and must not be in conflict with any prior right of any other person.
Article 24. An invention-creation for which a patent is applied for
does not lose its novelty where, within six months before the date of filing,
one of the following events occurred:
(l) where it was first exhibited at an
international exhibition sponsored or recognized by the Chinese
(2) where it was first made public at a prescribed academic or
(3) where it was disc1osed by any person without the
consent of the applicant.
Article 25 For any of the following, no patent right shall be
(1) scientific discoveries;
(2) rules and methods for mental
(3) methods for the diagnosis or for the treatment of
(4) animal and plant varieties;
(5) substances obtained by means
of nuclear transformation.
For processes used in producing products referred
to in items (4) of the preceding paragraph, patent right may be granted in
accordance with the provisions of this Law.
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