| 【时 效 性】 | 有效 | 【颁布日期】 | 1984-03-12 |
| 【颁布单位】 | 全国人大常委会 | 【实施日期】 | 1985-04-01 |
| 【法规层次】 | 法律及有关法律问题的决定 | 【文 号】 | 无 |
| 【首选类别】 | 国家基本法规 | 【次选类别】 | |
| 【其它类别】 | 【其它类别】 | ||
| 【关 键 字】 | 关于修改＜中华人民共和国专利法＞的决定 | ||
（题注：
附件：
PATENT LAW OF THE PEOPLE'SREPUBLIC OF CHINA(Adopted at the 4th Session of the StandingCommittee of the SixthNational People's Congress on March
PATENT LAW OF THE PEOPLE'SREPUBLIC OF CHINA
(Adopted at the 4th Session ofthe Standing Committee of the Sixth
National People's Congress onMarch
Regarding the Revision of the Patent
China, adopted at the27th Session
Seventh National People'sCongress on September 4, 1992)
(Translated by thePatent
In case of discrepancy, theoriginal version in
2 Subject Matter of Patents:Inventions-Creations (Inventions and Utility
4 Subject Matters to be KeptSecret
5 Subject Matter Contrary toPublic Order
6 Right to Apply for Patent;Ownership of Patent Right
7 Prohibition of PreventingFiling Application for Non Service Inventions-
8 Inventions-Creations MadeJointly or on Commission
10 Assignment of Right to Applyfor Patent or of Patent Right
13 Inventions: Exploitationafter Publication of Application
14 Planned Exploitation ofCertain Patents Owned by Chinese Entities or
16 Reward of Inventors orCreators of Service Inventions-Creations
17 Naming of Inventor or Creatorin Patent
18 Foreigners Entitled to FilePatent Applications
19 Representation by ChineseAgency
20 Filing of Applications Abroadby Chinese
21 Secrecy of PatentApplication
Chapter II Requirements forGrant of Patent Right
22 Inventions and UtilityModels: Substantive Requirements of
23 Designs: SubstantiveRequirements of Patentability
24 Disclosures Not Causing Lossof Novelty
25 Subject Matters Excluded fromPatentability
Chapter III Application forPatent
26 Inventions and UtilityModels: Documents Required for Filing Patent
27 Designs: Documents Requiredfor Filing Patent Application
30 Claiming of Right ofPriority
Chapter IV Examination andApproval of Application for Patent
34 Inventions: Publication ofApplication
35 Inventions: Initiative forExamination as to Substance
36 Inventions: Information byApplicant for Examination as to Substance
37 Inventions: Invitation toAmend or Make Observations
38 Inventions: Rejection ofApplication after Examination as to Substance
39 Inventions: Grant of PatentRight after Examination as to Substance
40 Utility Model and Designs:Grant of Patent Right after Preliminary
42 Decision on Request forRevocation
43 Reexamination and, forInventions, Court Proceedings
Chapter V Duration, Cessationand Invalidation of Patent Right
49 Decision on Request forInvalidation
Chapter VI Compulsory Licensefor Exploitation of Patent
51 Inventions and UtilityModels: Compulsory Licenses in Case of Failure
52 Inventions and UtilityModels: Compulsory Licenses in Case of Use for
53 Inventions and UtilityModels: Compulsory Licenses in Case of Dependent
54 Inventions and UtilityModels: Proof Required from Requestor of
55 Inventions and UtilityModels: Registration and Announcement of
56 Inventions and UtilityModels: Limitation of Rights of Compulsory
57 Inventions and UtilityModels: Exploitation Fee to be Paid by
58 Inventions and UtilityModels: Court Proceedings by Patentee Concerning
Chapter VII Protection of PatentRight
59 Determination of Extent ofProtection
60 Definition of Infringementand Remedies; Inventions: Proof in Case of
61 Prescription for InstitutingLegal Proceedings for Infringements
62 Acts not ConstitutingInfringement
63 Remedies and Penalties forPassing Off
64 Sanctions for Not RespectingProvision of Article 20
65 Sanctions for Usurpation ofRights of Inventor or Creator
66 Sanctions Against OffendingOfficials
Chapter VIII SupplementaryProvisions
69 Date of Entry Into Force ofthe Law
This Law is enacted to protectpatent rights for inventions-creations, to
encourage inventions-creations,to foster the spreading and application of
inventions-creations,and to
technology, for
In this Law,"inventions-creations" mean inventions, utility
The Patent Office of thePeople's Republic of China receives and examines
patent applications and grantspatent rights for inventions-creations that
conform with the provisions ofthis Law.
Where the invention-creation forwhich a patent is applied for relates to
the security or other vitalinterests of the State and is required to
kept secret, the applicationshall
relevant prescriptions of theState.
No patent rightshall
contrary to
detrimental to publicinterest.
For a serviceinvention-creation, made by a person in
tasks of the entity to which hebelongs or made by him mainly by using the
material means of the entity,the right to apply for a patent belongs to
the entity. For any non serviceinvention-creation, the right to apply for
a patent belongs to the inventoror creator.
approved, if it was filedby an
people, the patent right shallbe held by the entity; if it was filed by
an entity under collectiveownership or by an individual, the patent right
shall be owned by the entity orindividual.
For a service invention-creationmade by any staff member or worker of a
foreign enterprise, orof a
located in China,
enterprise. For any non serviceinvention-creation, the right to apply for
a patent belongs to the inventoror creator.
approved, the patentright
individual that applied forit.
The owner of the patent rightand the
No entity or individual shall prevent the inventor or creator from filing
an application for a patent fora non service invention-creation.
For an invention-creation madein cooperation by two or more entities, or
made by an entity in executionof a commission for research or designing
given to it by another entity,the right to apply for
unless otherwise agreed upon, tothe entity which made, or to the entities
which jointly made,
approved, the patent rightshall
Where two
identical invention-creation,the patent right shall
applicant whose application wasfiled first.
The right to apply for a patentand the patent right may be assigned. Any
assignment, by an entity underownership by the whole people, of the right
to apply for a patent, or of thepatent right, must
competent authority at thehigher level.
Any assignment, by a Chineseentity or individual, of the right to apply
for a patent, or of the patentright, to a foreigner must be approved by
the competent departmentconcerned of the State Council.
Where the right to apply for apatent or the patent right is assigned, the
parties must conclude a writtencontract, which will come into force after
it is registered with andannounced by the Patent Office.
After the grant of the patentright for an
except as otherwise provided forin the law, no entity or individual may,
without the authorization of thepatentee, make, use or sell the patented
product, or use the patentedprocess and use or sell the product directly
obtained by the patentedprocess, for production or business purposes.
After the grant of the patentright for a design, no entity or individual
may, without the authorizationof the patentee, make or sell the product,
incorporating its orhis patented
After the grant of the patentright, except as otherwise provided for in
the law, the patentee has theright
importing, without its or hisauthorization, the patented product, or the
product directly obtained by itsor his patented
mentioned in the preceding twoparagraphs.
Any entity or individualexploiting the patent of another must, except as
provided for in Article 14 ofthis Law,
written license contract forexploitation and pay the patentee a fee for
the exploitation of the patent.The licensee has no right to authorize any
entity or individual, other thanthat referred
exploitation, to exploit thepatent.
After the publication of theapplication for a patent for invention, the
applicant may require the entityor individual exploiting the invention to
The competent departmentsconcerned of the State Council and the people's
governments of provinces,autonomous regions
under the Central Governmenthave the power to decide, in accordance with
the State plan, that any entityunder ownership by the whole people that
is within their system ordirectly under
holds the patent right toan important
designated entities to exploitthat invention-creation; and the exploiting
entity shall, according to theprescriptions of the State, pay a fee for
exploitation to the entityholding the patent right.
Any patent of a Chineseindividual or entity under collective ownership,
which is of great significanceto the interests of the State or
public interest and is in needof spreading and
approval by the
department
provisions of the precedingparagraph.
The patentee has the right toaffix a patent marking and to indicate the
number of the patent on thepatented product or on
The entity owning or holding thepatent right shall award to the inventor
or creator of a serviceinvention-creation a reward and, upon exploitation
of the patentedinvention-creation, shall award to the inventor or creator
a reward based on the extent ofspreading and application and the economic
The inventor or creator has theright to be named as such in the
Where any foreigner,foreign
having no
application for a patent inChina, the application shall be treated under
this Law in accordance with anyagreement concluded between the country to
which
international treaty to whichboth countries are party, or on the basis of
Where any foreigner,foreign
having no habitual residence orbusiness office in
patent, or has other patentmatters to attend to, in China, he or it shall
appoint a patent agencydesignated by the State Council of the
Republic of China to act as hisor its agent.
individual applies for a patentor has other patent matters to attend to
in the country, it or he mayappoint a patent agency to act as its or his
Where any Chinese entity orindividual intends to file an application in a
foreign country for a patent forinvention-creation made in the country,
it or he shall file first anapplication for patent with the Patent Office
and, with the sanction of thecompetent department concerned of the State
Council, shall appoint a patentagency designated by the State Council to
Until the publication orannouncement of the
staff members of the PatentOffice and persons involved have the duty
Any invention or utility modelfor which patent right may be granted must
possess novelty, inventivenessand practical applicability.
Novelty means that, before thedate of filing, no identical invention or
utility model has been publiclydisclosed in publications in the country
or abroad or has been publiclyused or made known to
other means in the country, norhas any other person filed previously with
the Patent Office an applicationwhich described the
or utility model and waspublished after the said date of filing.
Inventiveness means that, ascompared with the technology existing before
the date of filing the inventionhas prominent
represents a notable progressand that the utility model has substantive
features and representsprogress.
invention or utility model canbe made or used and can produce effective
Any design for which patentright may be granted
with or similar to any designwhich, before the date of filing, has been
publicly disclosed inpublications in the country or abroad or
An invention-creation for whicha patent is applied for does not lose its
novelty where, within six monthsbefore the date of
(1) where it was first exhibitedat an international exhibition sponsored
or recognized by the ChineseGovernment;
(2)
(3) where it was disclosedby any
For any of the following, nopatent right shall be granted:
(2) rules and methods for mentalactivities;
(3) methods for the diagnosis orfor the treatment of diseases;
(4) animal and plantvarieties;
(5) substances obtained by meansof nuclear transformation.
For processes used in producingproducts referred to in items (4) of the
preceding paragraph, patentright may be granted in accordance with
Where an application for apatent for invention or utility model is filed,
a request, a description and itsabstract, and claims shall be submitted.
The request shall state thetitle of the invention or utility model, the
name of the inventor or creator,the name and the address of the applicant
The description shall set forththe invention or utility model in a manner
sufficiently clear and completeso as to enable a person skilled in
relevant field of technology tocarry it out;
are required. The abstract shallstate briefly the main
of the invention or utilitymodel.
The claims shall be supportedby the
extent of the patent protectionasked for.
Where an application for apatent for design is filed, a request, drawings
or photographs
incorporating the design and theclass to which that product belongs shall
The date on which the PatentOffice receives the application shall be the
date of filing. If theapplication is sent by mail, the date of
indicated by the postmark shallbe the date of filing.
Where, within twelve months fromthe date on
filed in a foreign country anapplication for a patent for invention
utility model, or within sixmonths from the date on which any applicant
first filed in a foreign countryan application for a patent for design,
he or it files in China anapplication for a patent for the same subject
matter, he or it may, inaccordance with any agreement concluded between
the
international treaty to whichboth countries are party, or on the basis of
the principle of mutualrecognition of the
Where, within twelve months fromthe date on
filed in China an applicationfor a patent for invention or utility model,
he or it files with the PatentOffice an application for a patent for the
same subject matter, he or itmay enjoy a right of priority.
Any applicant who claimsthe right
declaration when the
months, a copy of the patentapplication document which was first filed;
if the applicant fails to makethe written declaration or to meet the time
limit for submitting the patentapplication document,
right of priority shall bedeemed not to have been made.
An application for apatent
limited to one invention orutility
utility models belonging to asingle
An application for a patent fordesign shall
incorporated in one product. Twoor more designs which are incorporated in
products belonging to the sameclass and are sold or used in sets may be
An applicant may withdraw his orits application for a patent at any time
before the patent right isgranted.
An applicant may amend hisor its
amendment to the application fora patent for invention or utility model
may not go beyond the scope ofthe disclosure
description and claims, and theamendment to the application for a patent
for design may not go beyond thescope of the disclosure as shown in the
initial drawings orphotographs.
Where, after receiving anapplication for
Patent Office, upon preliminaryexamination, finds the application to be
in conformity with therequirements of this Law, it
application promptly after theexpiration of eighteen months from the date
of filing. Upon the request ofthe applicant, the Patent Office publishes
Upon the request of theapplicant for a patent for invention, made at any
time within three years from thedate of filing, the
proceed to examine theapplication as to its substance. If, without
justified
requesting examination as tosubstance, the application shall be deemed to
The Patent Office may, onits own
application for a patent forinvention as to its substance when it deems
When the applicant for a patentfor invention requests examination as to
substance, he or itshall
concerning theinvention.
has filed in a foreign countryan application for a patent for the
invention shall, at the time ofrequesting examination
furnish documents concerning anysearch made for the purpose of examining
that application, or concerningthe results of any
that country. If, without anyjustified reason, the said documents are not
furnished, the application shallbe deemed to have been withdrawn.
Where the Patent Office, afterit has made the examination as to substance
of the application for a patentfor invention, finds that the application
is not in conformity with theprovisions of this Law, it shall notify the
applicant and request him or itto submit, within a specified time limit,
his or its observations orto amend
justified reason, the time limitfor making
application shall be deemed tohave been withdrawn.
Where, after the applicant hasmade the observations
Patent Office finds that theapplication for a
still not in conformity with theprovisions of this Law, the application
Where it is found afterexamination as to substance that there is no cause
for rejection of the applicationfor a patent for
Office shall make a decision togrant
issue the certificate of patentfor invention, and register and announce
Where it is found afterpreliminary examination that there is no cause for
rejection of the application fora patent for utility model or design, the
Patent Office shall make adecision to grant the patent right for utility
model
certificate, and register andannounce it.
Where, within six months fromthe date of the announcement of the grant of
the patent right by the PatentOffice, any entity or individual considers
that the grant of the saidpatent right is
relevant provisions of this Law,it or he may request the Patent Office to
The Patent Office shall examinethe request for revocation of the patent
right, make a decision revokingor upholding the patent right, and notify
the person who made the requestand the patentee.
the patent right shall beregistered and announced by the Patent Office.
The Patent Office shall set up aPatent
party is not satisfied with thedecision of the
the application,
upholding the patent right, suchparty may, within three months from the
date of receipt ofthe notification,
Board to make a reexamination.The Patent Reexamination Board shall, after
reexamination, make a decisionand notify the applicant, the patentee or
the person who made the requestfor revocation of the patent right.
Where the applicantfor a
invention or the person who madethe request for revocation of the patent
right for invention is notsatisfied
Reexamination Board, he or itmay, within three months from the date
receipt of the notification,institute legal proceedings in the people's
The decision of the PatentReexamination Board in respect of any request,
made by the applicant, thepatentee or the person who made the request for
revocation of the patent right,for reexamination
Any patent right which has beenrevoked shall be deemed to be nonexistent
The duration of patent right forinventions shall
duration of patent right forutility models and patent right for designs
shall be ten years, counted fromthe date of filing.
The patentee shall pay an annualfee beginning with the year in which the
In any of the following cases,the patent right
(1) where an annual fee is notpaid as prescribed;
(2) where the patentee abandonshis or
declaration.
announced by the PatentOffice.
Where,
announcement of the grant of thepatent right by the
entity or individual considersthat the grant of the said patent right is
not in conformity with therelevant provisions of this Law, it or he
request the
The Patent Reexamination Boardshall examine the request for invalidation
of the patent right, make adecision and notify the person who made
request and the patentee. Thedecision declaring the patent right invalid
shall be registered andannounced by the Patent Office.
Where any
Reexamination Board declaringthe patent right for
upholding the patent right forinvention, such
months from receipt of thenotification of the decision, institute legal
proceedings in the people'scourt.
The decision of the PatentReexamination Board in respect of a request to
declare invalid the patent rightfor utility model or design is final.
Any patent right which has beendeclared invalid shall
nonexistent from thebeginning.
The decision of invalidationshall
judgement or order on patentinfringement which has
enforced by the people's court,on any decision concerning the handling of
patent infringement which hasbeen made and enforced by the administrative
authority for patent affairs,and on any contract of patent license and of
assignment of patent
decision of invalidation;however, the damages caused to other persons in
bad faith on the part of thepatentee shall be compensated.
If, pursuant to the provisionsof the preceding paragraph, no repayment,
by the patentee or the assignorof the patent right to the licensee or the
assignee of the patent right, ofthe fee
patent or the price for theassignment of the patent right is
contrary to the principle ofequity, the patentee or the assignor of
patent right shall repay thewhole or part of the fee for the exploitation
of the patent or the price forthe assignment of the patent right to the
licensee or the assignee of thepatent right.
The provisions of the second andthird paragraph
apply to the patent right whichhas been revoked.
Where any entity which isqualified to exploit the invention or
model has
invention or utility model toexploit its
terms and such efforts have notbeen successful within a reasonable period
of time, the Patent Office may,upon the application of that entity, grant
a compulsory license to exploitthe patent for invention or utility model.
Where a national emergency orany extraordinary state of affairs occurs,
or where the public interest sorequires, the Patent Office may grant
compulsory license to exploitthe patent for invention or utility model.
Where the invention orutility
granted is technically moreadvanced than
model
exploitation of thelater
exploitation of the earlierinvention or utility model, the Patent Office
may, upon the request of thelater patentee, grant a compulsory license to
exploit the earlier invention orutility model.
Where, according tothe preceding
granted, the Patent Office may,upon the request of the earlier patentee,
also grant a compulsory licenseto exploit the later invention or utility
The entity or individualrequesting, in accordance with the provisions of
this Law, a compulsory licensefor exploitation shall furnish proof that
it or he has notbeen able
contract for exploitation onreasonable terms.
The decision made by the PatentOffice granting a compulsory license for
exploitation shall be registeredand announced.
Any entity
exploitation shall not have anexclusive right to exploit and shall
have the right to authorizeexploitation by any others.
The entity
exploitation shall pay to thepatentee a reasonable exploitation fee, the
amount of which shall be fixedby both parties in consultations. Where the
parties fail to reach anagreement, the Patent Office shall adjudicate.
Where the patentee is notsatisfied with the decision of the Patent Office
granting a compulsory licensefor exploitation or
regarding the exploitation feepayable for exploitation, he or
within three months from thereceipt of the notification, institute legal
proceedings in the people'scourt.
The extent of protection of thepatent
model shall be determined by theterms of the claims. The description and
the appended drawings may beused to interpret the claims.
The extent
determined by the productincorporating the patented design as shown
For any exploitation ofthe patent,
patentee, constituting aninfringing act, the patentee or any interested
party may requestthe administrative
handle the matter ormay directly
people's court. Theadministrative authority for patent affairs handling
the matter shall havethe power
infringing act and to compensatefor the damage.
may, within three months fromthe receipt of the
legal proceedings in thepeople's
instituted within the time limitand if the order is
the administrative authority forpatent affairs may approach the people's
court for compulsoryexecution.
When any infringement disputearises, if the patent
process for the manufacture of anew product,
manufacturing the identicalproduct shall furnish
used in the manufacture of itsor his product. [*20]
Prescription for institutinglegal proceedings concerning the infringement
of patent right is two yearscounted from the date on which the patentee
or any interested party obtainsor should have obtained knowledge of the
None of the following shall bedeemed an infringement of the patent right:
(1) Where, after the sale of apatented
patentee or with theauthorization of the patentee, any other person uses
(2) Where any person uses orsells a patented product not knowing that it
was made and sold without theauthorization of the patentee;
(3) Where, before the date offiling of the application for patent,
person who has already madethe identical
process, or made necessarypreparations for its making or using, continues
to make or use it within theoriginal scope only;
(4) Where any foreign means oftransport which temporarily passes through
the territory, territorialwaters or territorial airspace of China
the patent concerned, inaccordance with any agreement concluded between
the country to which the foreignmeans of transport belongs and China, or
in accordance with anyinternational treaty to which both countries
party, or on the basis of theprinciple of reciprocity, for its own needs,
in its devices andinstallations;
(5) Where any person uses thepatent concerned solely for the purposes of
scientific research andexperimentation.
Where any person passes off thepatent of another person, such passing off
shall be treated inaccordance
circumstances are
prosecuted, for his
Article 127 of the CriminalLaw.
Where any person passes anyunpatented product off as patented product or
passes any unpatented processoff as patented process, such person shall
be ordered by the administrativeauthority for patent affairs to stop the
passing off, correct itpublicly, and pay a fine. [*21]
Where any person, in violationof the provisions of
Law, unauthorizedly files in aforeign country an application for a patent
that divulges an importantsecret of the State, he shall be
disciplinary sanctionby the
competent authority concerned atthe higher level.
are serious, he shall beprosecuted for his criminal liability according
Where any person usurps theright of an inventor or creator to apply for a
patent for a non serviceinvention-creation, or usurps any other right or
interest of an inventor orcreator, prescribed by this Law, he shall
subject to disciplinary sanctionby the entity to which he belongs or by
the competent authority at thehigher level.
Where any staff member of thePatent Office, or any staff member concerned
of the State, acts wrongfullyout of personal
fraudulent acts, he shallbe subject
Patent Office or the competentauthority concerned. If the circumstances
are serious, heshall
applying mutatis mutandisArticle 188 of the Criminal Law.
Any application for a patentfiled with, and any other proceedings before,
the Patent Office shall besubject to the payment of a fee as prescribed.
The implementing Regulations ofthis Law shall be drawn up by the Patent
Office and shall enter intoforce after approval by the State Council.
This Law shall enter into forceon April 1, 1985.
This Decision [*22]shall
applications for patent filedbefore the entry into force of this Decision
and the patent rights granted onthe basis of the said applications shall
continue to be governed by theprovisions of the
amendment. However, theprocedures provided by the amended Articles 39 to
44 and the amended Article 48 ofthe Patent Law concerning the approval of
applications for patent, and therevocation and invalidation of the patent
right shall apply
according to the provisions ofArticles 39 and 40 of the Patent Law before
its amendment. (Extract from theDecision Regarding the
Patent Law of the People'sRepublic of China, Adopted at the 27th Session
of the Standing Committee of theSeventh
[*1] This Table of Contents wasestablished for
reader by the Patent LawsResearch Institute of the Chinese Patent Office.
The text of the PatentLaw adopted
National People's Congress doesnot contain such a table and the Articles
[*2] The texts of thosearticles
amended texts.
reference, printed in thefootnotes on the same page.
[*3] Old Article 11. After thegrant of the patent right for an invention
or utility model, except asprovided for in Article 14 of this
entity or individualmay, without
exploit the patent, that is,make, use or sell the
use the patented process, forproduction or business purposes.
After the grant of the patent right for a design, noentity or
may, without the authorizationof the patentee, exploit the patent, that
is, make or sell the
production or businesspurposes.
[*4] Old Article 25. For any ofthe following, no patent right shall
(2) rules and methods for mentalactivities;
(3) methods for the diagnosis orfor the treatment of diseases;
(4) food, beverages andflavorings;
(5) pharmaceutical products andsubstances obtained by means of a chemical
(6) animal and plantvarieties;
(7) substances obtained by meansof nuclear transformation.
For processes used in producingproducts referred to in items (4) to (6)
of the preceding paragraph,patent right may be granted in accordance with
Where any foreign applicantfiles an application in China within
months from the date on which heor it first filed in a foreign country an
application for a patent for theidentical invention or utility model, or
within six months from the dateon which he or it first filed in a foreign
country an application for apatent for the identical design, he
may, in accordance with anyagreement concluded
which he or it belongs andChina, or in accordance with any international
treaty to which both countriesare party, or on the basis of the principle
of mutual recognition of theright of priority, enjoy a right of priority,
that is, the date on which theapplication was first filed in the foreign
country shall be regarded as thedate of filing.
Where the applicant claims aright of priority and where one of the events
listed in Article 24 of this Lawoccurred, the
priority shall be counted fromthe date on which the event occurred.
[*6] Old Article 30. Anyapplicant who claims the right of priority shall
make a written declaration whenthe application is filed, indicating the
date of filing of the earlierapplication in the foreign country and the
country in which thatapplication was
months, a copy of thatapplication document, certified by the
authority of that country; ifthe applicant
declaration or to meet the timelimit for
claim to the right of priorityshall be deemed not to have been made.
[*7] Old Article 33. Anapplicant may amend his or its application for
patent, but may not go beyondthe scope of the disclosure contained in the
[*8] Old Article 34. Where,after receiving an application for a
for invention, the PatentOffice, upon preliminary examination, finds the
application to be in conformitywith the
shall publish the applicationwithin 18 months from the date of filing.
Upon the request
[*9] Old Article 39. Where it isfound after examination as to substance
that there is no cause forrejection of the application for a patent for
invention, the Patent Officeshall make a decision, announce it and notify
[*10] Old Article 40. Where,after receiving the application for a patent
for utility model or design,the Patent
examination that the applicationis in conformity with the requirements of
this Law, it shall not proceedto examine it as
immediately make an announcementand notify the applicant.
[*11]Old
announcement
accordance with the provisionsof this Law, file with the Patent Office an
opposition to that application.The Patent Office shall send a copy of the
opposition to the applicant,to which
writing within three months fromthe date of its receipt; if, without any
justified reason, the time limitfor making the written
met, the application shall bedeemed to have been withdrawn.
[*12] Old Article 42. Where,after examination, the
that the opposition isjustified, it shall make a decision to reject
application and notify theopponent and the applicant.
[*13]Old
Reexamination Board.
decision of the Patent Officerejecting the application, he or
within three months from thedate of receipt of the notification, request
the Patent
Reexamination Board shall, afterreexamination, make a decision and notify
Where the applicant for a patentfor invention is not satisfied with the
decision of thePatent
reexamination, he or it maywithin three months from the date of receipt
of the notification, institutelegal proceedings in the people's court.
The decision of the PatentReexamination Board in respect of any request
by the applicant forreexamination concerning a utility model or design is
[*14] Old Article 44. Where noopposition to the application for a patent
is filed
unjustified, the Patent Officeshall make a decision to grant the patent
right, issue
[*15] Old Article 45. Theduration of patent right for inventions shall be
15 years counted from the dateof filing.
The duration of patent right forutility models or designs shall be five
years counted from the date offiling. Before the expiration of the said
term, the patentee may apply fora renewal for three years.
Where the patentee enjoys aright of
right shall be counted from thedate on which the application was filed in
[*16] Old Article 48. Where,after the grant
entity or individual considersthat the grant of the said patent right is
not in conformity with theprovisions of this Law, it or he may
the Patent Reexamination Boardto declare the patent right invalid.
[*17] Old Article 50. Any patentright which
shall be deemed to benonexistent from the beginning.
[*18] Old Article 51. Thepatentee himself or itself has the obligation to
make the patented product, or touse the patented process, in China,
otherwise to authorize otherpersons to make the patented product, or
use the patented process, inChina.
[*19] Old Article 52. Where thepatentee of an invention or utility model
fails, without any justifiedreason, by the expiration of three years from
the date of the grant of thepatent right, to fulfil the obligation
forth in Article 51, the PatentOffice may, upon the request of an entity
which is qualified to exploitthe invention
compulsory license to exploitthe patent.
[*20] The old second
dispute arises,
manufacture of aproduct,
identical
manufacture of its or hisproduct.
[*21] This is a new paragraphadded to Article 63.
[*22] This Decision relates tothe amendments of Articles 11, 25, 29, 30,