|
(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 Provision
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 In this Law, "inventions-creations"
mean inventions, utility
models and designs.
Article 3 The patent
administration department under the State
Council is responsible for the patent
work throughout the country. It receives
and examines patent applications and grants
patent rights for inventions-creations
in accordance with law.
The administrative authority for patent
affairs under the people's governments
of provinces, autonomous regions and municipalities
directly under the Central Government
are responsible for the administrative
work concerning patents in their respective
administrative areas .
Article 4 Where an 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.
Article 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 An 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
and technical means of the entity is a
service invention-creation. For a service
invention-creation, the right to apply
for a patent belongs to the entity. After
the 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 creator. After the
application is approved, the inventor
or creator shall be the patentee.
In respect of an invention-creation made
by a person using the material and technical
means of an entity to which he belongs,
where the entity and the inventor or creator
have entered into a contract in
which the right to apply for and own a
patent is provided for, such a provision
shall apply.
Article 7. No entity or individual
shall prevent the inventor or creator
from filing an application for a patent
for a non-service invention-creation.
Article 8. For an invention-creation
jointly made by two or more entities or
individuals, or made by an entity or individual
in execution of a commission given to
it or him by another entity or individual,
the right to apply for a patent belongs,
unless otherwise agreed upon, to the entity
or individual that made, or to the entities
or individuals that jointly made, the
invention-creation. After the application
is approved, the entity or individual
that applied for it shall be the patentee.
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 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
shall conclude a written contract and
register it with the patent administration
department under the State Council.
The patent administration department under
the State Council shall announce
the registration. The assignment shall
take effect as of the date of registration.
Article 11 After the grant of the
patent right for an invention or utility
model, except where otherwise provided
for in this Law, no entity or individual
may, without the authorization of the
patentee, exploit the patent, that is,
make, use, offer to sell, sell or import
the patented product, or use the patented
process, and use, offer to sell, sell
or import 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,
exploit the patent, that is, make, sell
or import the product incorporating its
or his patented design, for production
or business purposes.
Article 12. Any entity or individua1
exploiting the patent of another shall
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. Where any patent for
invention, belonging to any State-owned
enterprise or institution, is of great
significance to the interest of
the State or to the public interest, the
competent departments concerned under
the State council and the people's governments
of provinces, autonomous regions or municipalities
directly under the Central Government
may, after approval by the State Council,
decide that the patented invention be
spread and applied within the approved
limits, and allow designated entities
to exploit that invention. The exploiting
entity shall, according to the regulations
of the State, pay a fee for exploitation
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 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 that is
granted a 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 pay
the inventor or creator a reasonable remuneration
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, 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.
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 preceding paragraph.
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 app1icability.
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.
Practical 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 Government;
(2) where it was first made public at
a prescribed academic or technological
meeting;
(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 granted:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for the diagnosis or for the
treatment of diseases;
(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.
Chapter III Application
for Patent
Article 26. Where an application for
a patent for invention or utility model
is filed, a request, a description and
its abstract, and claims shall be submitted.
The request shall state the title of the
invention or utility model, the name of
the inventor or creator, the name and
the address of the applicant and other
related matters.
The description shall set forth the invention
or utility model in a manner sufficiently
clear and complete so as to enable a person
skilled in the re1evant field of techno1ogy
to carry it out; where necessary, drawings
are required. The abstract shall state
briefly the main technical points of the
invention or utility model.
The claims sha1l be supported by the description
and shal1 state the extent of the patent
protection asked for.
Article 27. Where an app1ication
for a patent for design is filed, a request,
drawings or photographs of the design
shall be submitted, and the product incorporating
the design and the class to which that
product be1ongs shall be indicated.
Article 28. The date on which
the Patent Administration Department Under
the State Council receives the application
shall be the date of filing. If the app1ication
is sent by mail, the date of mailing indicated
by the postmark shall be the date of filing.
Article 29. Where , within twelve
months from the date on which any applicant
first filed in a foreign country an application
for a Patent for 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 party, or
on the basis of the principle of mutual
recognition of the right of priority,
enjoy a right of priority.
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 Administration Department
Under the State Council an application
for a patent for the same subject matter
, he or it may enjoy a right of priority.
Article 30. Any applicant who claims
the right of priority shall make a written
declaration when the application is filed,
and submit, within three months, a copy
of the patent application document which
was first filed ; if the applicant fails
to make the written declaration or to
meet the time limit for submitting the
patent application document, the claim
to the right of priority shall be deemed
not to have been made.
Article 3l. An application
for a patent for invention or utility
model shall be limited to one invention
or uti1ity model. Two or more inventions
or utility models belonging to a single
general inventive concept may be filed
as one application.
An application for a patent for design
shall be limited to one design incorporated
in one product. Two or more designs which
are incorporated in products belonging
to the same c1ass and are sold or used
in sets may be filed as one application.
Article 32. An applicant may
withdraw his or its application for a
patent at any time before the patent right
is granted.
Article 33. An applicant may amend his
or its application for a patent, but the
amendment to the application for a patent
for invention or utility model may not
go beyond the scope of the disclosure
contained in the initial description and
claims, and the amendment to the application
for a patent for design may not go beyond
the scope of the disclosure as shown in
the initial drawings or photographs.
Chapter IV Examination
and Approval of Application for Patent
Article 34. Where, after receiving
an application for a patent for invention,
the Patent Administration Department Under
the State Council, upon preliminary examination,
finds the application to be in conformity
with the requirements of this Law, it
shall publish the application promptly
after the expiration of eighteen months
from the date of filing. Upon the request
of the applicant, the Patent Administration
Department Under the State Council
publishes the application earlier.
Article 35. Upon the request
of the applicant for a patent for invention,
made at any time within three years from
the date of filing, the Patent Administration
Department Under the State Council
will proceed to examine the application
as to its substance. If, without any justified
reason, the applicant fails to meet the
time limit for requesting examination
as to substance, the application shall
be deemed to have been withdrawn.
The Patent Administration Department Under
the State Council may, on its own
initiative, proceed to examine any application
for a patent for invention as to its substance
when it deems it necessary.
Article 36. When the applicant for a
patent for invention requests examination
as to substance , he or lit shall furnish
pre-filing date reference materials concerning
the invention.
For an application for a patent for invention
that has been already filed in a foreign
country, the patent administration department
under the State Council may ask
the app1icant to furnish within a specified
time limit documents concerning any search
made for the purpose of examining that
application, or concerning the results
of any examination made, in that country.
If, at the expiration of the specified
time limit, without any justified reason,
the said documents are not furnished,
the application shall be deemed to have
been withdrawn.
Article 37. Where the Patent Administration
Department Under the State Council , after
it has made the examination as to substance
of the application for a patent for invention,
finds that the application is not in conformity
with the provisions of this Law, it shall
notify the applicant and request him or
it to submit, within a specified time
limit, his or its observations or to amend
the application. If, without any justified
reason, the time limit for making response
is not met, the application shall be deemed
to have been withdrawn.
Article 38. Where, after
the applicant has made the observations
or amendments, the Patent Administration
Department Under the State Council
finds that the application for a patent
for invention is still not in conformity
with the provisions of this Law, the application
shall be rejected.
Article 39. Where it is found after
examination as to substance that there
is no cause for rejection of the application
for a patent for invention, the patent
administration department under the State
Council shall make a decision to
grant the patent right for invention,
issue the certificate of patent for invention,
and register and announce it. The patent
right for invention shall take effect
as of the date of the announcement.
Article 40. Where it is found
after preliminary examination that there
is no cause for rejection of the application
for a patent for utility model or design,
the patent administration department under
the State Council shall make a decision
to grant the patent right for utility
model or the patent right for design,
issue the relevant patent certificate,
and register and announce it. The patent
right for utility model or design shall
take effect as of the date of the announcement.
Article 41. The patent administration
department under the State Council
shall set up a Patent Reexamination Board.
Where an applicant for patent is not satisfied
with the decision of the said department
rejecting the application, the applicant
may, within three months from the date
of receipt of the notification, request
the Patent Reexamination Board to make
a reexamination. The Patent Reexamination
Board shall, after reexamination, make
a decision and notify the applicant for
patent.
Where the applicant for patent is
not satisfied with the decision of the
Patent Reexamination Board, it or he may,
within three months from the date of receipt
of the notification, institute legal proceedings
in the people's court.
Chapter V Duration,
Cessation and Invalidation of Patent Right
Article 42. The duration of
patent right for inventions shall be twenty
years, the duration of patent right for
utility models and patent right for designs
shall be ten years, counted from the date
of filing.
Article 43. The patentee shall
pay an annual fee beginning with the year
in which the patent right was granted.
Article 44. In any of the
following cases, the patent right shall
cease before the expiration of its duration:
(1) where an annual fee is not paid as
prescribed;
(2) where the patentee abandons his or
its patent right by a written declaration.
Any cessation of the patent right shall
be registered and announced by the Patent
Administration Department Under the State
Council .
Article 45. Where, starting from
the date of the announcement of the grant
of the patent right by the patent administration
department under the State Council, any
entity or individual considers that the
grant of the said patent right is not
in conformity with the relevant provisions
of this Law, it or he may request the
Patent Reexamination Board to declare
the patent right invalid.
Article 46. The Patent Reexamination
Board shall examine the request for invalidation
of the patent right promptly, make
a decision on it and notify the person
who made the request and the patentee.
The decision declaring the patent right
invalid shall be registered and announced
by the patent administration department
under the State Council.
Where the patentee or the person who made
the request for invalidation is not satisfied
with the decision of the Patent Reexamination
Board declaring the patent right invalid
or upholding the patent right, such party
may, within three months from receipt
of the notification of the decision, institute
legal proceedings in the people's court.
The people's court shall notify the person
that is the opponent party of that party
in the invalidation procedure to appear
as a third party in the legal proceedings.
Article 47. Any patent right
which has been declared invalid shall
be deemed to be non-existent from the
beginning.
The decision declaring the patent right
invalid shall have no retroactive effect
on any judgement or ruling of patent infringement
which has been pronounced and enforced
by the people's court, on any decision
concerning the handling of a dispute over
patent infringement which has been complied
with or compulsorily executed, or
on any contract of patent license or of
assignment of patent right which has been
performed prior to the declaration
of the patent right invalid; however,
the damage caused to other persons in
bad faith on the part of the patentee
shall be compensated.
If, pursuant to the provisions of the
preceding paragraph, the patentee or the
assignor of the patent right makes no
repayment to the licensee or the assignee
of the patent right of the fee for the
exploitation of the patent or of the price
for the assignment of the patent right,
which is obviously contrary to the principle
of equity, the patentee or the assignor
of the patent right shall repay the whole
or part of the fee for the exploitation
of the patent or of the price for the
assignment of the patent right to the
licensee or the assignee of the patent
right.
Chapter VI Compulsory
License for Exploitation of Patent
Article 48. Where any entity which
is qualified to exploit the invention
or utility model has made requests for
authorization from the patentee of an
invention or utility model to exploit
its or his patent on reasonable terms
and conditions and such efforts have not
been successful within a reasonable period
of time, the Patent Administration Department
Under the State Council may,
upon the request of that entity, grant
a compulsory license to exploit the patent
for invention or utility model.
Article 49. Where a national
emergency or any extraordinary state of
affairs occurs, or where the public interest
so requires, the Patent Administration
Department Under the State Council
may grant a compulsory license to exploit
the patent for invention or utility model.
Article 50. Where the invention
or utility model for which the patent
right has been granted involves important
technical advance of considerable economic
significance in relation to another invention
or utility model for which a patent right
has been granted earlier and the exploitation
of the later invention or utility model
depends on the exploitation of the earlier
invention or utility model, the patent
administration department under the State
Council may, upon the request of
the later patentee, grant a compulsory
license to exploit the earlier invention
or utility model.
Where, according to the preceding paragraph,
a compulsory license is granted, the Patent
Administration Department Under the State
Council may, upon the request of
the earlier patentee, also grant a compulsory
license to exploit the later invention
or utility model.
Article 51. The entity or
individual requesting, in accordance with
the provisions of this Law, a compulsory
license for exploitation shall furnish
proof that it or he has not been able
to conclude with the patentee a license
contract for exploitation on reasonable
terms and conditions.
Article 52. The decision made by
the patent administration department under
the State Council granting a compulsory
license for exploitation shall be notified
promptly to the patentee concerned, and
shall be registered and announced.
In the decision granting the compulsory
license for exploitation, the scope and
duration of the exploitation shall be
specified on the basis of the reasons
justifying the grant. If and when the
circumstances which led to such
compulsory license cease to exist and
are unlikely to recur, the patent administration
department under the State Council
may, after review upon the request of
the patentee, terminate the compulsory
license.
Article 53. Any entity or
individual that is granted a compulsory
license for exploitation shall not have
an exclusive right to exploit and shall
not have the right to authorize exploitation
by any others.
Article 54. The entity or
individual that is granted a compulsory
license for exploitation shall pay to
the patentee a reasonable exploitation
fee, the amount of which shall be fixed
by both parties in consultations. Where
the parties fail to reach an agreement,
the Patent Administration Department Under
the State Council shall adjudicate.
Article 55. Where the patentee
is not satisfied with the decision of
the patent administration department
under the State Council granting
a compulsory license for exploitation,
or where the patentee or the entity or
individual that is granted the compulsory
license for exploitation is not satisfied
with the ruling made by the patent administration
department under the State Council
regarding the fee payable for exploitation,
it or he may, within three months
from the receipt of the date of notification,
institute legal proceedings in the people's
court.
Chapter VII Protection
of Patent Right
Article 56. The extent of
protection of the patent right for invention
or utility model shall be determined by
the terms of the claims. The description
and the appended drawings may be used
to interpret the claims.
The extent of protection of the patent
right for design shall be determined by
the product incorporating the patented
design as shown in the drawings or photographs.
Article 57. Where a dispute
arises as a result of the exploitation
of a patent without the authorization
of the patentee, that is, the infringement
of the patent right of the patentee,
it shall be settled through consultation
by the parties. Where the parties are
not willing to consult with each other
or where the consultation fails, the patentee
or any interested party may institute
legal proceedings in the people's court,
or request the administrative authority
for patent affairs to handle the matter.
When the administrative authority for
patent affairs handling the matter considers
that the infringement is established,
it may order the infringer to stop the
infringing act immediately. If the infringer
is not satisfied with the order, he may,
within 15 days from the date of receipt
of the notification of the order, institutes
legal proceedings in the people's court
in accordance with the Administrative
Procedure Law of the People's Republic
of China. If, within the said time limit,
such proceedings are not instituted and
the order is not complied with, the administrative
authority for patent affairs may approach
the people's court for compulsory execution.
The said authority handling the matter
may, upon the request of the parties,
mediate in the amount of compensation
for the damage caused by the infringement
of the patent right. If the mediation
fails, the parties may institute legal
proceedings in the people's court in accordance
with the Civil Procedure Law of the People's
Republic of China.
Where any infringement dispute relates
to a patent for invention for a process
for the manufacture of a new product,
any entity or individual manufacturing
the identical product shall furnish proof
to show that the process used in the manufacture
of its or his product is different from
the patented process. Where the infringement
relates to a patent for utility model,
the people's court or the administrative
authority for patent affairs may ask the
patentee to furnish a search report made
by the patent administration department
under the State Council.
Article 58. Where any person passes
off the patent of another person as his
own, he shall, in addition to bearing
his civil liability according to law,
be ordered by the administrative authority
for patent affairs to amend his act, and
the order shall be announced. His illegal
earnings shall be confiscated and , in
addition, he may be imposed a fine of
not more than three times his illegal
earnings and, if there is no illegal earnings,
a fine of not more than RMB 50,000 yuan.
Where the infringement constitutes a crime,
he shall be prosecuted for his criminal
liability.
Article 59. Where any person passes
any non-patented product off as patented
product or passes any non-patented process
off as patented process, he shall be ordered
by the administrative authority for patent
affairs to amend his act , and the order
shall be announced, and he may be imposed
a fine of no more than RMB 50,000
yuan.
Article 60. The amount of compensation
for the damage caused by the infringement
of the patent right shall be assessed
on the basis of the losses suffered by
the patentee or the profits which the
infringer has earned through the infringement.
If it is difficult to determine the losses
which the patentee has suffered or the
profits which the infringer has earned,
the amount may be assessed by reference
to the appropriate multiple of the amount
of the exploitation fee of that patent
under contractual license.
Article 61. Where any patentee
or interested party has evidence to prove
that another person is infringing or will
soon infringe its or his patent right
and that if such infringing act is not
checked or prevented from occurring in
time, it is likely to cause irreparable
harm to it or him, it or he may, before
any legal proceedings are instituted,
request the people's court to adopt measures
for ordering the suspension of relevant
acts and the preservation of property.
The people's court, when dealing with
the request mentioned in the preceding
paragraph, shall apply the provisions
of Article 93 through Article 96 and of
Article 99 of the Civil Procedure Law
of the People's Republic of China
Article 62. Prescription for instituting
legal proceedings concerning the infringement
of patent right is two years counted from
the date on which the patentee or any
interested party obtains or should have
obtained knowledge of the infringing act.
Where no appropriate fee for exploitation
of the invention, subject of an
application for patent for invention,
is paid during the period from the publication
of the application to the grant of patent
right, prescription for instituting legal
proceedings by the patentee to demand
the said fee is two years counted from
the date on which the patentee obtains
or should have obtained knowledge
of the exploitation of his invention by
another person. However, where the patentee
has already obtained or should have obtained
knowledge before the date of the grant
of the patent right, the prescription
shall be counted from the date of the
grant.
Article 63. None of the following
shall be deemed an infringement of the
patent right:
(l) Where, after the sale of a patented
product that was made or imported
by the patentee or with the authorization
of the patentee, or of a product that
was directly obtained by using the patented
process, any other person uses, offers
to sell or sells that product;
(2) Where, before the date of filing of
the application for patent, any person
who has already made the identical product,
used the identical process, or made necessary
preparations for its making or using,
continues to make or use it within the
original scope only;
(3) Where any foreign means of transport
which temporarily passes through the territory,
territorial waters or territorial airspace
of China uses the patent concerned, in
accordance with any agreement concluded
between the country to which the foreign
means of transport 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,
for its own needs, in its devices and
installations;
(4) Where any person uses the patent concerned
solely for the purposes of scientific
research and experimentation.
Any person who, for production and business
purposes, uses or sells a patented product
or a product that was directly obtained
by using a patented process, without knowing
that it was made and sold without the
authorization of the patentee, shall not
be liable to compensate for the damage
of the patentee if he can prove
that he obtains the product from a legitimate
source.
Article 64. Where any person, in violation
of the provisions of Article 20 of this
Law, files in a foreign country an application
for a patent that divulges an important
secret of the State, he shall be subject
to disciplinary sanction by the entity
to which he belongs or by the competent
authority concerned at the higher level.
Where a crime is established, the person
concerned shall be prosecuted for his
criminal liability according to the law.
Article 65. Where any person
usurps the right of an inventor or creator
to apply for a patent for a non-service
invention-creation, or usurps any other
right or interest of an inventor or creator,
prescribed by this Law, he shall be subject
to disciplinary sanction by the entity
to which he belongs or by the competent
authority at the higher level.
Article 66. The administrative authority
for patent affairs may not take part in
recommending any patented product for
sale to the public or any such commercial
activities.
Where the administrative authority for
patent affairs violates the provisions
of the preceding paragraph, it shall be
ordered by the authority at the next higher
level or the supervisory authority to
correct its mistakes and eliminate the
bad effects. The illegal earnings, if
any, shall be confiscated. Where the circumstances
are serious, the persons who are directly
in charge and the other persons who are
directly responsible shall be given disciplinary
sanction in accordance with law.
Article 67. Where any State
functionary working for patent administration
or any other State functionary concerned
neglects his duty, abuses his power, or
engages in malpractice for personal gain,
which constitutes a crime, shall be prosecuted
for his criminal liability in accordance
with law. If the case is not serious enough
to constitute a crime, he shall be given
disciplinary sanction in accordance with
law.
Chapter VIII Supplementary
Provisions
Article 68. Any application
for a patent filed with, and any other
proceedings before, the Patent Administration
Department Under the State Council
shall be subject to the payment of a fee
as prescribed.
Article 69. This Law
shall enter into force on April l, 1985.
|
