中华人民共和国专利法(英文版)

返回

PATENT LAW OF THE PEOPLE S REPUBLIC OF CHINA

(Adopted at the 4th Session of the Standing Committee of the Sixth National People’s Congress on March 12,1984 Amended by the Decision Regarding the Revision of the Patent Law of the People s Republic of China, adopted at the 27th Session of the Standing Committee of the Seventh National People’s Congress on September 4,1992)

(Translated by the Patent office of the People’s Republic of China. In case of discrepancy, the original version in Chinese shall prevail.)

TABLE OF CONTENTS

Chapter :General Provisions

Article

1 Purpose of*thee Law

2 Subject Matter of Patents: Inventions-Creations(Inventions and Utility Models;Designs)

3 Tasks of the Patent Office

4 Subject Matters to be Kept Secret

5 Subject Matter Contrary to Public order

6 Right to Apply for Patent;ownership of Patent Right

7 Prohibition of Preventing Filing Application for Non-Service Inventions-Creations

8 Inventions-Creations Made jointly or on Commission

9 First-to-File Rule

10 Assignment of Right to Apply for Patent or of Patent Right

11 Rights Conferred by Patent

12 Patent License Contract

13 Inventions:Exploitation after Publication of Application

14 Planned Exploitation of Certain Patents owned by Chinese Entitles or Individuals

15 Marking of Patents

16 Reward of Inventors or Creators of Service Inventions-Creations

17 Naming of Inventor or Creator In Patent

18 Foreigners Entitled to File Patent Applications

19 Representation by Chinese Agency

20 Filing of Applications Abroad by Chinese

21 Secrecy of Patent Application

Chapter :Requirements for Grant of Patent Right

22 Inventions and Utility Models:Substantive Requirements of Patentability

23 Designs:Substantive Requirements of Patentability

24 Disclosures Not Causing Loss of Noveltv

25.Subject Matters Excluded from Patentability

Chapter :Application for Patent

26 Inventions and Utility Models:Documents Required for Filing Patent Application

27 Designs:Documents Required for Filing Patent Application

28 Filing Date

29 Right of Priority

30 Claming of Right of Priority

31 Unity of Subject Matter

32 Withdrawal of Application

33.Amendment of Application

Chapter : Examination and Approval of Application for Patent

34 Inventions: Publication of Application

35 Inventions:Initiative for Examination as to substance

36 Inventions: Information by Application for Examination as to Substance

37 Inventions:Invitation to Amend or Make observations

38 Inventions:Rejection of Application after examination as to Substance

39 Inventions: Grant of Patent Right after Examination as to Substance

40 Utility Model and Designs: Grant of Patent Right after Preliminary Examination

41 Request for Revocation

42 Decision on Request for Revocation

43 Reexamination and, for Inventions,Court Proceedings

44.Effect of Revocation

Chapter V:Duration,Cessation and Invalidation of Patent Right

45 Duration

46 Annual Fees

47 Cessation of Patent Right

48 Request for Invalidation

49 Decision on Request for Invalidation

50.Effect of Invalidation

Chapter :Compulsory License for Exploitation of Patent

5l Inventions and Utility Models: Compulsory Licenses In Case of Failure to obtain Authorization from Patentee

52 Inventions and Utility Models:Compulsory Licenses In Case of Use for Public Interest

53 Inventions and Utility Models:Compulsory Licenses In Case of Dependent Patents

54 Inventions and Utility Models:Proof Required from Requestor of Compulsory License

55 Inventions and Utility Models:Registration and Announcement of Compulsory License

56 Inventions and Utility Models:Limitation of Rights of Compulsory Licensee

57 Inventions and Utility Models:Exploitation Fee to be Paid by Compu1sory Licensee

58.Inventions and Utility Models:Court Proceedings by Patentee Concerning Compulsory Licensee

Chapter :Protection of Patent Right

59 Determination of Extent Protection

60 Definition of Infringement and Remedies; Inventions; Proof in Case of Process of Patents

61 Prescription for Instituting Legal Proceedings for Infringements

62 Acts not Constituting Infringement

63 Remedies and Penalties for Passing off

64 Sanctions for Not Respecting Provision of Article 2o

65 Sanctions for Usurpation of Rights of Inventor or Creator

66 Sanctions Against offending officials

Chapter :Supplementary Provisions

67 Fees

68 Implementing Regulations

69 Date of Entry Into Force of the Patent Law

Chapter :General Provisions

Article 1. This Law is enacted to protect patent rights for inventions-creations,to encourage inventions-creations, to foster the spreading and application of Inventions-creations,and to promote the development 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.

Article3. The Patent office of the Peoples Republic of China receives and examines patent applications and grants patent rights for Inventions-creations that conform with the provisions of this Law.

Article 4. Where the 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.

Articles 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. For a service 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 means of the entity, the right to apply for a patent be1ongs to the entity. For any non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, if it was held by an entity under ownership by the whole people, the patent right shall be held by the entity; if it was filed by an entity under collective ownership or by an individual, the patent right shall be owned by the entity or individual. For a service invention-creation made by any staff member or worker of a foreign enterprise, or of a Chinese-foreign joint venture enterprise, located in China, the right to apply for a patent belongs to the enterprise. For any non-service invention-creation, the right to apply for a patent belongs to the inventor or creator.After the application is approved, the patent right shall be owned by the enterprise or the individual that applied for it. The owner of the patent right and the holder of the patent right are referred to as "patentee".

Article 7. No entity or individual shall prevent the inventor or creator from fi1ing an application for a patent for a non-service invention-creation.

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

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 an entity under ownership by the whole people, of the right to apply for a patent, or of the patent right , must be approved by the competent authority at the higher level.

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 must conclude a written contract, which will come into force after it is registered with and announced by the Patent office.

Article 11 After the grant of the patent right for an invention or utility model, except as otherwise provided for in the law, no entity or individual may, without the authorization of the patentee, make, use or sell the patented product, or use the patented process and use or sell 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, make or sell the product, incorporating its or his patented design, for production or business purposes.

After the grant of the patent right, except as otherwise provided for in the law, the patentee has the right to prevent any other person from importing , without its or his authorization, the patented product, or the product directly obtained by its or his patented process, for the uses mentioned in the preceding two paragraphs.

Article 12. Any entity or individua1 exploiting the patent of another must, except as provided for in Article 14 of this Law, 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. The competent departments concerned of the State Council, and the people s governments of provinces, autonomous regions or municipa1ities directly under the Central Government have the power to decide, in accordance with the State plan, that any entity under ownership by the whole people that is within their system or directly under their administration and that holds the patent right to an important invention-creation is to allow designated entities to exploit that invention-creation; and the exploiting entity shall, according to the prescriptions of the State, pay a fee for exploitation to the entity holding the patent right.

Any patent of a Chinese individual or entity under collective ownership, which is of great significance to the interests of the State or to the public interest and is in need of spreading and application, may, after approval by the State Council at the solicitation of its competent department concerned, 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 owning or holding the 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 award to the inventor or creator a reward based on the extent of spreading and application and the economic benefits yielded.

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 reciprocity.

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, he or it shall appoint a patent agency designated by the State.


返回