专利法英文版Word格式文档下载.docx

1、s Republic of China, adopted at the 27th Session of the Standing Committee of the Seventh National Peoples Congress on September 4 ， 1992.Amended for the second time by the Decision Regarding the Revision of the Patent Law of the Peoples Republic of China, adopted at the 17th Session of the Standing

2、 Committee of the Ninth National Peoples Congress on August 25,2000 Content Tables Chapter 1: General Provisions Chapter 2: Requirements for Grant of Patent Chapter 3: Application for Patent Chapter 4: Examination and Approval of Application for Patent Chapter 5: Duration, Cessation and Invalidation

3、 of Patent Right Chapter 6: Compulsory License for Exploitation of Patent Chapter 7: Protection of Patent Right Chapter 8: Supplementary Provisions Chapter 1:Article 1. This Law is enacted to protect patent rights for inventions-creations, to encourage inventions-creations, to foster the spreading a

4、nd application of Inventions-creations, and to promote the development 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 Administrative Orga

5、n under the State Council is responsible for the patent work nationwide, receives and examines patent applications and grants patent rights for inventions-creations that conform with the provisions of this Law. The authorities for patent work under he peoples governments of provinces autonomous regi

6、ons and municipalities directly under the Central Government are responsible for the patent administration work of their own administrative areas. Article 4 . Where an invention-creation for which a patent is applied relates to the security or other vital interests of the State and is required to be

7、 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 in

8、vention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him by mainly using the material and technical means of the entity is a service invention. For a service invention-creation, the right to apply for a patent belongs to the entity. After the app

9、lication 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. For an invention-creation, made by a person by using the

10、 material and technical means of the entity to which he belongs, and where the entity and the inventor or creator has entered into an agreement under which there is provision on who has right to apply for a patent and to whom the patent right belongs, the provisions of the agreement shall prevail. A

11、rticle 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 commiss

12、ion for another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual which made, or to the entities or individual which jointly made, the invention-creation. After the application is approved, the entity or individual that applied f

13、or 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 ass

14、igned. 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 must con

15、clude a written contract and should register it with the patent administrative organ under the State Council. The patent administrative organ shall announce the registration .The assignment will come into force upon the date of registration. Article 11 . After the grant of the patent right for an in

16、vention or utility model, except as otherwise provided for in the 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 or use, offer to sell, sell or import

17、 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 design, that is, make, sell or import the product incorporating its or hi

18、s patented design, for production or business purposes. Article 12 . Any entity or individual exploiting the patent of another must, except as provided for in Article 14 of this Law, conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitatio

19、n 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

20、exploiting the invention to pay an appropriate fee. Article 14 . For any patent for invention belonging to state-owned enterprises or entities, which is of great significance to national or public interests, the competent departments concerned of the State Council as well as the peoples governments

21、of provinces, autonomous regions or municipalities directly under the Central Government have the power to decide, after approved by the State Council, the said patented invention be spread and exploited within the prescribed scope and to allow designated entities to exploit it . The entities that e

22、xploit it shall, according to the prescriptions of the State , pay exploitation fees to the patentee.Any patent for invention belonging to a Chinese entity under collective ownership or an individual, which is of great significance to national or public interests and is in need of spreading and expl

23、oitation, may be treated alike by making reference to the provisions of the preceding paragraph. Article 15. 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 grante

24、d the patent right shall award to the inventor or creator of a service invention-creation a reward and, upon the exploitation of the patented invention-creation, shall award to the inventor or creator an appropriate remuneration based on the extent of exploitation and application and the economic be

25、nefits yielded. Article 17 . 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 a

26、pplication 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 of the principle of reciprocity. Article 19 . Where an

27、y 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, he or it shall appoint a patent agency designated by the patent administrative organ under the State Counci

28、l 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 agencies should abide by the laws and administrative regulations and should d

29、eal with patent applications and other patent matters according to the commissions of the clients. Except for those applications that have been published or announced, the agencies should bear the responsibility for keeping confidential the content of its clients inventions-creations. The administra

30、tive regulations for administering the patent agencies 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 its or his domestic invention-creation, it or he shall file first an application f

31、or patent with the patent administrative organ under the State Council and, shall appoint a patent agency designated by the said organ to act as its or his agent, and shall abide by the prescriptions of Article 4 in this law. Any Chinese entity of individual may, according to the international treat

32、ies concerned to which China is a party, file an international application for patent for its or his invention-creation. The applicant for the international application should abide by the provisions of the preceding paragraph . The patent administrative organ under the State Council shall handle the int