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 of the People's Republic of China No. 36
August 25, 2000
The "Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China", which was adopted at the 17th meeting of the Standing Committee of the 9th National People's Congress of the People's Republic of China on August 25, 2000, is hereby promulgated, and shall come into force on July 1, 2001.
Jiang Zemin, President 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
It is decided at the 17th meeting of the Standing Committee of the 9th National People's Congress to make the following amendments to the Patent Law of the People's Republic of China:
I. Article 1 is amended as: "This law is formulated for the purpose of protecting patent rights for inventions and creations, encouraging inventions and creations, fostering the spreading and application of inventions and creations, promoting the scientific and technological progress and innovations, and adapting to the needs of the construction of socialist modernization."
II. Article 3 is amended as: "The patent administrative department of the State Council shall take charge of administering the patent work throughout China, uniformly accepting and examining applications for patent, and granting patent rights in accordance with the law. "
The patent administrative department of the people's government of each province, autonomous region, or municipality directly under the Central Government shall take charge of the administration of patents within its own jurisdiction."
III. Article 6 is amended as: "An invention or creation made by a person in the execution of the tasks of the entity for which he works or made by him mainly by using the material means of this entity shall be a service invention or creation. The right to apply for the patent for a service invention or creation shall remain with the entity. After the application is approved, the entity shall be the patentee.
"For any non-service invention or creation, the right to apply for a patent shall remain with the inventor or creator. After the application is approved, the inventor or creator shall be the patentee.
"For an invention or creation made by a person mainly by using the material means of the entity for which he works, if there is a contract between the entity and the inventor or creator stipulating the right to apply for the patent and the attribution of the patent right, such stipulations shall prevail."
IV. Article 8 is amended as: "For an invention or creation made in cooperation by two or more entities or individuals, or made by an entity or individual in the execution of a commission given to it by another entity or individual, the right to apply for a patent shall, unless otherwise agreed upon, remain with the entity or individual which made, or with the entities or individuals which jointly made, the invention or creation. After the application is approved, the entity (or entities) or individual(s) that file the application shall be the patentee."
V. Paragraph 2 of Article 10 is deleted, Paragraph 3 is changed into Paragraph 2, Paragraph 4 is changed into Paragraph 3 and is amended as: "Where the right to apply for a patent or a patent right is assigned, the parties concerned shall conclude a written contract, and have the contract registered in the patent administrative department of the State Council. The said contract shall be announced by the patent administrative department of the State Council. The assignment of the right to apply for the patent or the patent right shall come into force as of the date of registration."
VI. Article 11 is amended as: "After the grant of the patent right for an invention or utility model, unless otherwise prescribed in this Law, no entity or individual is entitled to, without permission of the patentee, exploit the patent, that is, to make, use, promise the sale of, sell or import the patented product, or use the patented process and use, promise the sale of, sell or import the product directly obtained from the patented process, for production or business purposes. "
After the grant of the patent right for a design, no entity or individual is entitled to, without permission of the patentee, exploit the patent, that is, to make, sell or import the product incorporating its or his patented design, for production or business purposes."
VII.
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