专利法英文版.docx

1、专利法英文版PATENT LAWOF THE PEOPLES REPUBLIC OF CHINA(Adopted at the 4th Meeting of the Standing Committee of the Sixth National Peoples Congress on March 12,1984Amended in accordance with the Decision of the Standing Committee of the Seventh National Peoples Congress on Amending the Patent Law of the Pe

2、oples Republic of China at its 27th Meeting on September 4,1992Amended again in accordance with the Decision of the Standing Committee of the Ninth National Peoples Congress on Amending the Patent Law of the Peoples Republic of China adopted at its 17th Meeting on August 25,2000)TABLE OF CONTENTSCha

3、pter General ProvisionsChapter Requirements for Grant of Patent RightChapter Application for PatentChapter Examination and Approval of Application for PatentChapter V Duration，Cessation and Invalidation of Patent RightChapter ： Compulsory License for Exploitation of PatentChapter ： Protection of Pat

4、ent RightChapter ： Supplementary ProvisionsChapter ：General ProvisionsArticle 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 scie

5、nce and technology，for meeting the needs of the construction of socialist modernizationArticle 2 In this Law，“inventions-creations” mean inventions，utility models and designsArticle 3 The patent administration department under the State Council is responsible for the patent work throughout the count

6、ry. 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 peoples governments of provinces, autonomous regions and municipalities directly under the Central Government are respon

7、sible 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

8、accordance with the relevant prescriptions of the StateArticles 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 interestArticle 6. An invention-creation, made by a person in execution of the t

9、asks 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 intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the p

10、atentee.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

11、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 pate

12、nt 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 otherw

13、ise 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 pat

14、ent 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

15、 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

16、 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,

17、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 productio

18、n 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

19、 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 contr

20、act 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

21、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 peoples governments of provinces, autonomous regions or municipalities directly under the Central Government may, after appr

22、oval 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

23、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 paragrap

24、h.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

25、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.Artic

26、le 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 th

27、e 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

28、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 matte

29、rs 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

30、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 an

31、y 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

32、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 tre