Patent Law of the People’s Republic of China

(Adopted at the 4th Meeting of the Standing Committee of

 the Sixth National People’s Congress on March 12,1984，

 amended for the first time 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 for the

 second time 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,

and amended for the third time in accordance with the

 Decision of the Standing Committee of the Eleventh

National People’s Congress on Amending the Patent Law

 of the People’s Republic of China at its 6th

Meeting on December 27, 2008)

Contents

Chapter　I　     General Provisions

Chapter　II       Conditions for Granting Patent Rights

Chapter　III      Patent Application

Chapter　IV       Examination and Approval of Patent Applications

Chapter　V        Duration, Termination and Invalidation of Patent Rights

Chapter　VI       Compulsory License for Exploitation of a Patent

Chapter　VII      Protection of Patent Rights

Chapter　VIII     Supplementary Provisions

Chapter　I

General Provisions

Article　1　This Law is enacted for the purpose of protecting the lawful rights and interests of patentees, encouraging invention­creation, promoting the application of invention­creation, enhancing innovation capability, promoting the advancement of science and technology and the economic and social development.

Article　2　For the purposes of this Law, invention­creations mean inventions, utility models and designs.

Inventions mean new technical solutions proposed for a product, a process or the improvement thereof.

Utility models mean new technical solutions proposed for the shape and structure of a product, or the combination thereof, which are fit for practical use.

Designs mean, with respect to a product, new designs of the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application.

Article　3　The Patent Administration Department under the State Council shall be responsible for the administration of patent­related work nationwide. It shall accept and examine patent applications in a uniform way and grant patent rights in accordance with law.

The departments in charge of patent­related work of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

Article　4　Where an invention­creation for the patent of which an application is filed involves national security or other major interests of the State and confidentiality needs to be maintained, the application shall be handled in accordance with the relevant regulations of the State.

Article　5　Patent rights shall not be granted for invention­creations that violate the law or social ethics, or harm public interests.

Patent rights shall not be granted for inventions that are accomplished by relying on genetic resources which are obtained or used in violation of the provisions of laws and administrative regulations.

Article　6　An invention­creation that is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer shall be deemed an employment invention­creation. For an employment invention­creation, the employer has the right to apply for a patent. After such application is granted, the employer shall be the patentee.

For a non­employment invention­creation, the inventor or designer has the right to apply for a patent. After such application is granted, the said inventor or designer shall be the patentee.

For an invention­creation that is accomplished by using the material and technical conditions of an employer, if the employer has concluded a contract with the inventor or designer providing the ownership of the right to apply for the patent or the ownership of the patent right, such provision shall prevail.

Article　7　No unit or individual shall prevent the inventor or designer from filing a patent application for a non­employment invention.

Article　8　With regard to an invention­creation accomplished by two or more units or individuals in collaboration, or an invention­creation accomplished by an unit or individual under the entrustment of another unit or individual, the right to apply for a patent shall be vested in the units or individuals that have accomplished the invention­creation in collaboration or in the unit or individual that has done so under entrustment, unless it is otherwise agreed upon. After the application is granted, the applying unit(s) or individual(s) shall be deemed the patentee(s)．

Article　9　Only one patent can be granted for the same invention. However, where the same applicant applies for a utility model patent and an invention patent with regard to the same invention on the same day, if the utility model patent acquired earlier is not terminated yet and the applicant declares his waiver of the same, the invention patent may be granted.

If two or more applicants apply for a patent for the same invention separately, the patent right shall be granted to the first applicant.

Article　10　The right to apply for a patent and patent rights may be transferred.

If a Chinese unit or individual intends to transfer the right to apply for a patent or patent rights to a foreigner, foreign enterprise or other foreign organization, it or he shall perform the procedures in accordance with the provisions of relevant laws and administrative regulations.

For the transfer of the right to apply for a patent or of patent rights, the parties concerned shall conclude a written contract and file for registration at the patent administration department under the State Council, and the latter shall make an announcement thereof. The transfer of the right to apply for a patent or of patent rights shall become effective as of the registration date.

Article　11　After the patent right is granted for an invention or a utility model, unless otherwise provided for in this Law, no unit or individual may exploit the patent without permission of the patentee, i．e., it or he may not, for production or business purposes, manufacture, use, offer to sell, sell, or import the patented products, use the patented method, or use, offer to sell, sell or import the products that are developed directly through the use of the patented method.

After a design patent right is granted, no unit or individual may exploit the patent without permission of the patentee, i．e., it or he may not, for production or business purposes, manufacture, offer to sell, sell or import the design patent products.

Article　12　Any unit or individual that intends to exploit the patent of another unit or individual shall conclude a contract with the patentee for permitted exploitation and pay the royalties. The permittee shall not have the right to allow any unit or individual not specified in the contract to exploit the said patent.

Article　13　After the application for an invention patent is published, the applicant may require the unit or individual that exploits the said patent to pay an appropriate amount of royalties.