(Adopted
at the 4th Session of the Standing Committee of the Sixth
National People’s Congress on March 12, 1984; Amended for the
first time by the Decision Regarding the Revision of the Patent
Law of the People’s Republic of China, adopted at the 27th
Session of the Standing Committee of the Seventh National
People’s Congress on September 4,1992; Amended for the second
time by the Decision Regarding the Revision of the Patent Law of
the People’s Republic of China, adopted at the 17th Session of
the Standing Committee of the Ninth National People’s Congress
on August 25,2000)
CHAPTER I: GENERAL PROVISIONS
Article
1. This Law is enacted to protect patent rights for
inventions-creations, to encourage inventions-creations, to
foster the spreading and 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 Organ 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 people’s governments of
provinces autonomous regions 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 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 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
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. For
an invention-creation, made by a person by using the 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.
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 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 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 must conclude 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 invention 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 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 his 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 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.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 people’s
governments 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 exploit 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 exploitation, 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 granted 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 benefits 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
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 of the principle of reciprocity.
Article 19. 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, he or it shall appoint a patent
agency designated by the patent administrative organ 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 agencies should abide by the laws and administrative
regulations and should deal 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 administrative 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 for 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 treaties 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 international application for patent in line with the
international treaty to which China is a party, this law and the
administrative regulations concerned made by the State Council.
Article 21. The patent administrative organ under the State
Council and the patent reexamination board subordinated to it
shall handle patent applications and requests concerned
according to law and in the spirit of objectiveness, justice,
precision and punctuality.
Until the publication or announcement of the application for a
patent, staff members of the patent administrative organ and
other personnel involved have the duty to keep its content
confidential.
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 applicability.
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
administrative organ under the State Council an application
which described the identical invention or utility model 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 or similar 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 collide with any legal prior rights
obtained by 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:
(1) 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 disclosed 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 relevant field of technology 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 shall be supported by the description and shall state
the extent of the patent protection asked for.
Article 27. Where an application 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 belongs shall be indicated.
Article 28. The date on which the patent administrative organ
under the State Council receives the application shall be the
date of filing. If the application 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 administrative
organ 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 31. An application for a patent for invention or utility
model shall be limited to one invention or utility 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 class 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 administrative organ 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 administrative organ 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 administrative organ 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 administrative organ 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 it 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 administrative
organ under the State Council may ask the applicant to furnish
within a prescribed 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, without
any justified reason, the said documents are not furnished
within the prescribed time limit, the application shall be
deemed to have been withdrawn.
Article 37. Where the patent administrative organ 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 administrative organ 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 administrative organ 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 come into force upon 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 administrative organ
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 come into
effect upon the date of the announcement.
Article 41. The patent administrative organ under the State
Council shall set up a Patent Reexamination Board. Where an
applicant is not satisfied with the decision of the patent
administrative organ under the State Council rejecting his
application for patent, such 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 who made the request for
reexamination is not satisfied with the decision of the Patent
Reexamination Board, he or it 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 administrative organ under the State
Council.
Article 45. Where, starting from the date of the announcement of
the grant of the patent right by the patent administrative organ
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, make a decision
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 administrative organ under the State
Council.
Where any party 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 opponent party of the
party which has requested for the invalidation procedure to be
represented the proceedings as the third party.
Article 47. Any patent right which has been declared invalid
shall be deemed to be non-existent from the beginning.
The decision of invalidation shall have no retroactive effect on
any judgement or order on patent infringement which has been
pronounced and enforced by the people’s court, on any decision
concerning the handling of patent infringement which has been
implemented or enforced, and on any contract of patent license
and of assignment of patent right which have been performed,
prior to the decision of invalidation; however, the damages
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, no
repayment, by the patentee or the assignor of the patent right
to the licensee or the assignee of the patent right, of the fee
for the exploitation of the patent or the price for the
assignment of the patent right 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 the price for the assignment of
the patent right to the licensee or the assignee of the patent
right.
COMPULSORY LICENSE FOR EXPLOITATION OF THE 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 such efforts have not
been successful within a reasonable period of time, the patent
administrative organ under the State Council may, upon the
application 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 administrative organ 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 was granted is of important technical advance of
considerable economic significance compared with 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 administrative organ
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 administrative organ 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.
Article 52. The decision made by the patent administrative organ
under the State Council granting a compulsory license for
exploitation shall be notified to the patent concerned as soon
as reasonably practicable and shall be registered and announced.
The decision of the patent administrative organ under the State
Council granting a compulsory license for exploitation shall
limit the scope and duration of the exploitation 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 administrative organ under the
State Council may, upon the request of the patentee, terminate
the compulsory license after examination.
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 administrative organ under the
State Council shall adjudicate.
Article 55. Where the patentee is not satisfied with the
decision of the patent administrative organ 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 is not satisfied with the adjudication made
by the patent administrative organ under the State Council
regarding the exploitation fee payable for exploitation, he or
it may, within three months from the receipt of the
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 anyone exploits a patent without the
authorization of the patentee, he or it constitutes an
infringement to the patent right of the patentee. For the
disputes resulted from the infringement, the parties concerned
may settle it by themselves through consultation. Where the
parties are not willing to settle the disputes through
consultation or where the consultation fails to reach an
agreement, the patentee or any interested party may institute
legal proceedings in the people’s court or to request the
authorities for patent work to handle the matter. Where the
authorities for patent work considers the infringement well
found, it has the power to order the infringer to stop
infringement acts immediately. In case the party concerned is
not satisfied with the decision, he or it may, within 15 days
from the receipt of the notification of the order, institutes
legal proceedings in the people’s court, according to the
Administrative Procedure Law of the People’s Republic of
China. If such proceedings are not instituted within the time
limit and if the order is not compiled with, the authority for
patent work may approach the people’s court for compulsory
execution. The authorities for patent work may, upon the request
of the parties concerned, mediate on the damages concerned. If
mediation does not work, the parties concerned may lodge a
lawsuit with the people’s court according to the Civil
Procedure Law of the People’s Republic of China.
When any infringement dispute relates to a process patent for
the manufacture of a new product, any entity or individual
manufacturing the identical product shall furnish proof to the
effect that a different process is used in the manufacture of
its or his product . Where the infringement relates to a patent
for utility model, the people’s court or the authority for
patent work may request the applicant to furnish search reports
made by the patent administrative organ under the State Council
.
Article 58. Where any person passes off the patent of another
person, except for bearing civil liabilities according to law,
he shall be ordered to amend his acts by the authorities for
patent work and the order shall be announced. The illegal income
of the said person shall be confiscated. He may be coupled with
a fine of no more than 3 times of his illegal income and, where
there is no illegal income, he may be imposed a fine of no more
than 50,000 RMB. 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 authority for
patent work to amend his acts and the order shall be announced.
The said person may be imposed a fine of no more than 50,000 RMB.
Article 60. The amount of damages for infringing a patent right
shall be calculated according to the losses suffered by the
patentee or the profits gained by the infringer out of the
infringement. If it is too difficult to determine the damages
based on such losses of the patentee or the profits of the
infringer, the appropriate times of the royalties for licenses
for the said patent may be applied mutatis mutandis.
Article 61. Where a patentee or any interested party who can
provide any reasonable evidence that his right is being
infringed or that such infringement is imminent, and any delay
to stop the acts is likely to cause irreparable harm to his or
its legitimate rights, he or it may, before instituting legal
proceedings, request the people’s court to order the
suspension of related acts and to provide property preservation.
The people’s court, when dealing with requests referred to in
the preceding paragraph, the provisions of Articles 93 to 96 and
Article 99 of the Civil Procedure Law of the People’s Republic
of China shall apply.
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 the license fee is not paid for the use of a patent for
invention during the period when the said application is
published and up to its being granted the patent right, the
prescription for instituting legal proceedings by the patentee
for requesting royalties is two years counted from the date on
which the patentee obtains or should have obtained knowledge of
the use of his patented invention by the user. However, where
the patentee has already obtained or should have obtained the
knowledge of the use of his invention before the date of
granting the patent right, the prescription shall be counted
from the date on which the patent right is granted.
Article 63. None of the following shall be deemed an
infringement of the patent right:
(1)Where, after the sale of a patented product that was made or
imported by the patentee or with the authorization of the
patentee, or 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 territorial lands, 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 without knowing that it was made and
sold without the authorization of the patentee, shall not be
responsible for the damages caused so long as he proves that he
obtains the product from legitimate channels of distribution.
Article 64. Where any person, in violation of the provisions of
Article 20 of this Law, unauthorizedly 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. If the circumstances
are serious, he 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 authorities for patent work should not
participate in any such commercial activities as to recommend
patented products to the public.
Where any authorities for patent work violates the provisions of
the preceding paragraph, it shall be ordered to amend its ways
and to eliminate its bad influence by its competent authority at
the higher level or by the supervisory authority, and its
illegal income shall be confiscated .Where the circumstances are
serious, any person directly responsible or any other person who
are directly involved shall be subject to disciplinary sanction
according to law.
Article 67. Where any staff member of the government organs for
patent administration or of other related government organs
constitutes a crime by ignoring his duty, abusing his official
power, acting wrongfully out of personal considerations or
committing fraudulent acts, he shall be subject to criminal
sanction. If a crime is not constituted, he shall be subject to
disciplinary sanction according to law.
CHAPTER VIII
SUPPLEMENTARY PROVISIONS
Article 68. Any application for a patent filed with, and any
other proceedings before, the patent administrative organ 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 1, 1985.
(This translation is only for reference. In case of discrepancy,
the original version in Chinese shall prevail.)
<完> (阅读中文法规) |