Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China
Order of the President No.62
September 4, 1992
The 27th Session of the Standing Committee of the Seventh National People's Congress deliberated the proposal of the State Council on the Amendment to the Patent Law of the People's Republic of China (Draft), and determined to make the following amendments to the Patent Law of the People's Republic of China:
I. Paragraph 1 of Article 11 is amended as: "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."
Paragraph 2 of Article 11 is amended as: "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. "
One paragraph is added as Paragraph 3 of Article 11: "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."
II. Paragraph 1 of Article 25 is amended as: "For any of the following, no patent right shall be granted:
1. scientific discoveries;
2. rules and methods for mental activities;
3. methods for the diagnosis or treatment of diseases;
4. animal and plant varieties;
5. substances obtained by means of nuclear transformation."
Paragraph 2 of Article 25 is amended as: "For processes used in producing products referred to in item 4 of the preceding paragraph, a patent right may be granted in accordance with the provisions of this Law."
III. Paragraph 1 of Article 29 is amended as: "Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for an invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are a party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority."
Paragraph 2 of Article 29 is amended as: "Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention or utility model, he or it files with the Patent Office an application for a patent for the same subject matter, he or it may enjoy a right of priority."
IV.
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Order of the President No.62
September 4, 1992
The 27th Session of the Standing Committee of the Seventh National People's Congress deliberated the proposal of the State Council on the Amendment to the Patent Law of the People's Republic of China (Draft), and determined to make the following amendments to the Patent Law of the People's Republic of China:
I. Paragraph 1 of Article 11 is amended as: "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."
Paragraph 2 of Article 11 is amended as: "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. "
One paragraph is added as Paragraph 3 of Article 11: "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."
II. Paragraph 1 of Article 25 is amended as: "For any of the following, no patent right shall be granted:
1. scientific discoveries;
2. rules and methods for mental activities;
3. methods for the diagnosis or treatment of diseases;
4. animal and plant varieties;
5. substances obtained by means of nuclear transformation."
Paragraph 2 of Article 25 is amended as: "For processes used in producing products referred to in item 4 of the preceding paragraph, a patent right may be granted in accordance with the provisions of this Law."
III. Paragraph 1 of Article 29 is amended as: "Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for an invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are a party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority."
Paragraph 2 of Article 29 is amended as: "Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention or utility model, he or it files with the Patent Office an application for a patent for the same subject matter, he or it may enjoy a right of priority."
IV.
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