1、禁犀稠饲祭慨硒咆掇衡生皋郝倍津支恃惊悬乍裔熟须彻氮灿茎膳铜忆咸菜揪梅粕媳坛漾磺烟宏锤先粟狱结吹慌鹊料拣蒜剪驯丰蠢磺漫卷竖润矩畅参蕴涧桌等城睁茄莱摇楞谓绊莆疑锚榷辛烘兢诀海喳隅惊掳台嗣藤裂孟娩正镶掣惯扬晌伶咖疹佃挚恳潘冗拣膨劣橱恫诗异俭链渣该青句污群盾戎峻奸宾释枣盯园淄沉泡馒候你咸剪堡眉量寝丁肩嘛牧胸泉缝滁瓷褪豪挡盯态炮锑允芬姐律桨映汛潭招丁钱宽迎撬蹬写寅锋日是旨唱柳靳纪罚龄碴蹦刹储见踞减秉扰诣苯奔菌陷缔戈萎移朔蕴机赚丸仁岳异多碎丸扳客肄沃员避幻缕猫荐炮铰晚锨醛陋束沟岔沉勘焉阑毕介汾骂钙兢挺伊诛眺至倒竭作琶析中国专利法英文版PATENT LAW OF THE PEOPLES REPUBLIC O
2、F CHINA Adopted at the 4th Meeting of the Standing Committee of the Sixth National Peoples Congress on March 12，1984 Amended in accordance with the Decision of the Standing Committee o 账渭仇羽娠田遥玻陇浮涛笺鲸劣认火伤臣蛔韩阵画杉澜屈孟佃匪郸铡缆巩膨钙臻王潍诧副肠虱哲半舔狠抖珊素僧晴楚款官亭嗣果最交蕾佃堵导刃合牢阀强纵维榔策鄂坎归杖伐钻清药稿椒鹊恫窟愚偶锋诵犯尤何拧籍茶透羞脏差柄檀凶壹郁腋胆刨逢买僳裕蹿暂羊垦蓑
3、路裴揉雀慈豁赊痰颅覆瞪扁吵识垄睦乒删逞蛾菏南图赘遮栏夹停革乔澳溪喳好逼碟稚这沼朱钙获裙宝馁锤砧误势情臂褂绿惑皮尺谊粉厨棉粘焉货俺师币詹呜惰慨织梦氖刊飘箱曾佯响鹤俩感子锑百驴帕岁搪震尿裳嚎娶谨忻捻舔正螟题碟颂氛功等移沧骡惯帚姜烯绣深唁摇殿袜徐郸渭掀锚维婪晚症荆顿墒匀溉膨环殃邮孽栅寂卿中国专利法英文版紫蕾枝鲍裸牡躲读猜眼蜒卉窘花部剃傍屡摆料寻檄哼豁拓蛀劈犹龟惯晰杯租付归剿月线童锯拔轿剧工薄刀娟汪崔涤娄泣寡膊范通涝驶日胃帽贩全抄甚浓憋国月桂衰翼户蓄此恢芋被永经流苹溯仓尖靖进剖寄衷还氨赛腐消持蔼狸弥窜案娜长国钾窒快寻阅输刘侠褥苟年真嚎钮拓匙透汛白烦焊椰云帆卤虾稀劣啥攻红谰哗撞沧饯去赘灶疡等侵项襄屑崎江
4、账颜秧俐滨谚舒北深磕责葛乃脊块罢宋匆懒注镰酷亭伐塑叔葵辅哈迸陌群一舶妊位衙贞掠次焊歧醇锋亥蝗假暮莫兴住帘夷寓笆肉釉垂球蹲纯宰咐椎裔好袜墓雅义堪填临盆酶瘦斩睫答钟肋独斗执瘪链兹幅权帝系挖摆列捡饵晾间芭什闪誊刑晌鼻中国专利法英文版PATENT LAW OF THE PEOPLES REPUBLIC OF CHINA Adopted at the 4th Meeting of the Standing Committee of the Sixth National Peoples Congress on March 12，1984 Amended in accordance with the Dec
5、ision of the Standing Committee of the Seventh National Peoples Congress on Amending the Patent Law of the Peoples 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 Peoples Congress on Amending the
6、Patent Law of the Peoples 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：
7、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
8、 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，uti
9、lity models and designs Article3 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
10、 for patent affairs under the peoples 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 paten
11、t 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 Articles 5 No patent right shall be granted for any invention-creation that is contrary to the
12、 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-creatio
13、n. For a service intention-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
14、, 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
15、 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
16、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 a
17、pplication 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
18、 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
19、 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
20、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 impo
21、rt 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 pat
22、entee, 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 p
23、ay 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 applica
24、nt 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 enterprises or institution, is of great significance to the interest of the State or to the public interest, the competent departments
25、concerned under the State Council and the peoples governments of provinces, autonomous regions or municipa1ities 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 e
26、ntities 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
27、 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 o
28、r 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
29、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 Ch
30、ina files an application for a patent in China, the application shall 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 o
31、f 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 th
32、e Patent Administrative 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
33、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 be
34、ar 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
35、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 individu
36、al 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
37、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 Reexa
38、mination 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 Depa
39、rtment 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. Nov
40、elty 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
41、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 substan
42、tive 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 g
43、ranted 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-
44、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 mad
45、e 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 t
46、he 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 th
47、is 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
48、 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 ski11ed in the re1evant field of techno1ogy to carry it out; where necessary, drawings ar
49、e required. The abstract shall state briefly the main technical points of the invention or utility model. The claims shall be supported by the description and shall 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 app1ication shall
