Patent Law of the People's Republic of China (Amended in 2000)
Patent Law of the People's Republic of China (Amended in 2000)
Patent Law of the People's Republic of China (Amended in 2000)
Order of the President [2000] No. 36
August 25, 2000
(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)
Table of Contents
Chapter I General Provisions
Chapter II Requirements for Grant of Patent Right
Chapter III Application for Patent
Chapter IV Examination and Approval of Application for Patent
Chapter V Duration, Cessation and Invalidation of Patent Right
Chapter VI Compulsory License for Exploitation of Patent
Chapter VII Protection of Patent Right
Chapter VIII Supplementary Provisions
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 For the purposes of this Law, the term "invention-creation" means inventions, utility models and designs.
Article 3 The patent administrative department under the State Council is responsible for the administration of patent-related work nationwide. It accepts and examines patent applications in a uniform way and grants patent rights in accordance with the law.
The patent administrative departments under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for patent administration within their respective administrative areas.
Article 4 In the event an invention-creation, for which a patent application has been filed, relates to national security or other vital interests of the State and confidentiality is required to be maintained, the application shall be handled in accordance with the relevant provisions of the State.
Article 5 No patent right may be granted for any invention-creation which violates any law or public morality or which is detrimental to public interest.
(Relevant articles: Articles 1 Legislation 5)
Article 6 An invention-creation that is accomplished by a person in the course of performing any task for an entity to which the person belongs, or mainly by using materials or technical means of the said entity is a service invention-creation. For a service invention-creation, the right to apply for a patent belongs to the entity. After the relevant 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 designer. After the relevant application is approved, the inventor or designer is the patentee.
For an invention-creation that is accomplished by a person using materials or technical means of an entity to which the person belongs, if the said entity and the inventor or designer have entered into a contract which provides for the ownership of the right to apply for a patent and the patent right, such provision shall apply.
(Relevant articles: Legislation 2)
Article 7 No entity or individual may prevent the inventor or creator from filing an application for a patent for a non-service invention-creation.
Article 8 With regard to an invention-creation that is accomplished by two or more entities or individuals in collaboration, or an invention-creation that is accomplished by an entity or individual under the entrustment of another entity or individual, the right to apply for a patent shall be vested in the entities or individuals that have accomplished the invention-creation in collaboration or in the entity or individual that has done so under entrustment, unless it is otherwise agreed upon. After the relevant application is approved, the entity or individual that filed the said application is the patentee.
(Relevant articles: Articles 1)
Article 9 Where two or more applicants file applications for a patent for the same invention-creation respectively, the patent right shall be granted to the applicant whose application was filed first.
(Relevant articles: Legislation 2 Articles 1)
Article 10 The right to apply for a patent or a 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.
For the assignment of the right to apply for a patent or a patent right, the parties concerned shall conclude a written contract and register it with the patent administrative department under the State Council which shall announce the registration upon completion. Such assignment shall take effect as of the date of its registration.
(Relevant articles: Legislation 5)
Article 11 After a patent right for an invention or a utility model is granted, except where otherwise provided for in the Law, no entity or individual may, without the permission of the patentee, exploit the patent, namely, for production or commercial purposes, to manufacture, utilize, offer for sale, sell or import the patented product thereof, or to use the patented process, or to utilize, offer for sale, sell or import the product directly obtained through the said patented process.
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.
(Relevant articles: Articles 3 Legislation 3)
Article 12 Any entity or individual that seeks to exploit a patent owned by another party shall enter into a written license contract for exploitation of the patent with the relevant patent owner and pay royalties pertaining to that patent to the patent owner. The licensee does not have the right to allow any entity or individual not specified in the contract to exploit such a patent.
Article 13 After the application for a patent for invention is published, the applicant may demand the entity or individual exploiting the invention to pay an appropriate fee.
(Relevant articles: Legislation 2)
Article 14 In the event that any patent for invention belonging to any state-owned enterprise or public institution is of great significance to the national or public interests, the relevant departments under the State Council and the relevant people's governments of provinces, autonomous regions or municipalities directly under the Central Government may, after approval by the State Council, decide that the relevant patented invention be popularized and applied within the approved scope. The aforementioned authorities may also allow designated entities to exploit the invention. The exploiting entity shall, in accordance with the regulations of the State, pay royalties 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 15 A patent owner has the right to label a patented product, or the packaging of said product, with a patent mark or a number of the patent.
(Relevant articles: Legislation 3)
Article 16 The entity that is granted a patent right shall reward the inventor or designer of a service invention-creation and, upon exploitation of the patented invention-creation, shall pay the inventor or designer a reasonable remuneration depending on the application scope of the invention-creation and the economic benefits yielded therefrom.
Article 17 The inventor or designer has the right to be named as such in the patent document.
Article 18 In the event any foreigner, foreign enterprise or other foreign organization without any habitual residence or business address in China, files an application for a patent in China, the application shall be handled pursuant to the Law, based on any agreement concluded between the country to which the applicant belongs and China, or any international treaty to which both countries are parties, or the principle of reciprocity.
Article 19 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 agent.
A patent agency shall comply with the provisions of laws and administrative regulations and handle patent applications and other patent-related matters according to the entrustment of its clients.
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