PATENT LAW OF THE PEOPLE'S REPUBLIC OF CHINA
　
　　　　(Adopted at the 4th Session of the Standing Committee of the SixthNational People's Congress on March　12,　1984　Amended　by　the　DecisionRegarding the Revision of the Patent　Law　of　the　People's　Republic　ofChina, adopted at the 27th
　Session　of　the　Standing　Committee　of　theSeventh National People's Congress on September 4, 1992)
　
　　　　　Important Notice: (注意事项)

　　当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
　　In case of discrepancy, the original version in Chinese shall prevail.
　
　　　　　Whole Document (法规全文)

PATENT LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 4th Session of the Standing Committee of the Sixth
National People's Congress on March　12,　1984　Amended　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)
(Translated by the Patent　Office　of　the　People's　Republic　of　China.
In case of discrepancy, the original version in　Chinese　shall　prevail.)
　
　　　　　TABLE OF CONTENTS [*1]

Chapter I General Provisions
Article
1 Purpose of the Law
2 Subject Matter of Patents: Inventions-Creations (Inventions and Utility
　Models; Designs)
3 Tasks of the Patent Office
4 Subject Matters to be Kept Secret
5 Subject Matter Contrary to Public Order
6 Right to Apply for Patent; Ownership of Patent Right
7 Prohibition of Preventing Filing Application for Non Service Inventions-
　Creations
8 Inventions-Creations Made Jointly or on Commission
9 First-to-File Rule
10 Assignment of Right to Apply for Patent or of Patent Right
11 Rights Conferred by Patent
12 Patent License Contract
13 Inventions: Exploitation after Publication of Application
14 Planned Exploitation of Certain Patents Owned by Chinese Entities or
　 Individuals
15 Marking of Patents
16 Reward of Inventors or Creators of Service Inventions-Creations
17 Naming of Inventor or Creator in Patent
18 Foreigners Entitled to File Patent Applications
19 Representation by Chinese Agency
20 Filing of Applications Abroad by Chinese
21 Secrecy of Patent Application
Chapter II Requirements for Grant of Patent Right
22 Inventions and Utility Models: Substantive Requirements of
　 Patentability
23 Designs: Substantive Requirements of Patentability
24 Disclosures Not Causing Loss of Novelty
25 Subject Matters Excluded from Patentability
Chapter III Application for Patent
26 Inventions and Utility Models: Documents Required for Filing Patent
　 Application
27 Designs: Documents Required for Filing Patent Application
28 Filing Date
29 Right of Priority
30 Claiming of Right of Priority
31 Unity of Subject Matter
32 Withdrawal of Application
33 Amendment of Application

Chapter IV Examination and Approval of Application for Patent
34 Inventions: Publication of Application
35 Inventions: Initiative for Examination as to Substance
36 Inventions: Information by Applicant for Examination as to Substance
37 Inventions: Invitation to Amend or Make Observations
38 Inventions: Rejection of Application after Examination as to Substance
39 Inventions: Grant of Patent Right after Examination as to Substance
40 Utility Model and Designs: Grant of Patent Right after Preliminary
　 Examination
41 Request for Revocation
42 Decision on Request for Revocation
43 Reexamination and, for Inventions, Court Proceedings
44 Effect of Revocation
Chapter V Duration, Cessation and Invalidation of Patent Right
45 Duration
46 Annual Fees
47 Cessation of Patent Right
48 Request for Invalidation
49 Decision on Request for Invalidation
50 Effect of Invalidation
Chapter VI Compulsory License for Exploitation of Patent
51 Inventions and Utility Models: Compulsory Licenses in Case of Failure
　 to Obtain Authorization from Patentee
52 Inventions and Utility Models: Compulsory Licenses in Case of Use for
　 Public Interest
53 Inventions and Utility Models: Compulsory Licenses in Case of Dependent
　 Patents
54 Inventions and Utility Models: Proof Required from Requestor of
　 Compulsory License
55 Inventions and Utility Models: Registration and Announcement of
　 Compulsory License
56 Inventions and Utility Models: Limitation of Rights of Compulsory
　 Licensee
57 Inventions and Utility Models: Exploitation Fee to be Paid by
　 Compulsory Licensee
58 Inventions and Utility Models: Court Proceedings by Patentee Concerning
　 Compulsory License
Chapter VII Protection of Patent Right
59 Determination of Extent of Protection
60 Definition of Infringement and Remedies; Inventions: Proof in Case of
　 Process of Patents
61 Prescription for Instituting Legal Proceedings for Infringements
62 Acts not Constituting Infringement
63 Remedies and Penalties for Passing Off
64 Sanctions for Not Respecting Provision of Article 20
65 Sanctions for Usurpation of Rights of Inventor or Creator
66 Sanctions Against Offending Officials
Chapter VIII Supplementary Provisions
67 Fees
68 Implementing Regulations
69 Date of Entry Into Force of the Law
　
　　　　　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 Office of the People's Republic of China receives and　examines
patent applications and grants patent rights for inventions-creations that
conform with the provisions of this Law.
Article 4.
Where the 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　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.
For a service 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 means of the entity, the right to apply for a patent　belongs　to
the entity. For any non service invention-creation, the right to apply for
a patent belongs to the inventor or creator.　 After　the　application　is
approved, if it was filed by　an　entity　under　ownership　by　the　whole
people, the patent right shall be held by the entity; if it was　filed　by
an entity under collective ownership or by an individual, the patent right
shall be owned by the entity or individual.
For a service invention-creation made by any staff member or worker　of　a
foreign enterprise, or of　a　Chinese-foreign　joint　venture　enterprise,
located in China,　the　right　to　apply　for　a　patent　belongs　to　the
enterprise. For any non service invention-creation, the right to apply for
a patent belongs to the inventor or　creator.　After　the　application　is
approved, the patent right　shall　be　owned　by　the　enterprise　or　the
individual that applied for it.
The owner of the patent right and the　holder　of　the　patent　right　are
referred to as "patentee".

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 made in cooperation by two or more entities,　or
made by an entity in execution of a commission for research　or　designing
given to it by another entity, the right to apply for　a　patent　belongs,
unless otherwise agreed upon, to the entity which made, or to the entities
which jointly made,　the　invention-creation.　After　the　application　is
approved, the patent right shall　be　owned　or　held　by　the　entity　or
entities that applied for it.
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 an entity under ownership by the whole people, of the right
to apply for a patent, or of the patent right, must　be　approved　by　the
competent authority at the higher level.
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, which will come into force after
it is registered with and announced by the Patent Office.
Article 11. [*2] [*3]
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, make, use or sell the　patented
product, or use the patented process and use or sell 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, make or sell the　product,
incorporating its or his　patented　design,　for　production　or　business
purposes.
After the grant of the patent right, except as otherwise provided　for　in
the law, the patentee has the right　to　prevent　any　other　person　from
importing, without its or his authorization, the patented product, or　the
product directly obtained by its or his patented　process,　for　the　uses
mentioned in the preceding two paragraphs.

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.
The competent departments concerned of the State Council and the　people's
governments of provinces, autonomous regions　or　municipalities　directly
under the Central Government have the power to decide, in accordance　with
the State plan, that any entity under ownership by the whole　people　that
is within their system or directly under　their　administration　and　that
holds the patent right to an　important　invention-creation　is　to　allow
designated entities to exploit that invention-creation; and the exploiting
entity shall, according to the prescriptions of the State, pay a　fee　for
exploitation to the entity holding the patent right.
Any patent of a Chinese individual or entity under　collective　ownership,
which is of great significance to the interests of the　State　or　to　the
public interest and is in need of spreading and　application,　may,　after
approval by the　State　Council　at　the　solicitation　of　its　competent
department　concerned,　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 owning or holding the 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 award to the inventor or creator
a reward based on the extent of spreading 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 State Council　of　the　People's
Republic of China 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.
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　the　country,
it or he shall file first an application for patent with the Patent Office
and, with the sanction of the competent department concerned of the　State
Council, shall appoint a patent agency designated by the State Council　to
act as its or his agent.
Article 21.
Until the publication or announcement of the　application　for　a　patent,
staff members of the Patent Office and persons involved have the　duty　to
keep its content 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 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 Office 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.
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. [*4]
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 Office 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. [*5]
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 Office an application for a patent for　the
same subject matter, he or it may enjoy a right of priority.
Article 30. [*6]
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. [*7]
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. [*8]
Where, after receiving an application for　a　patent　for　invention,　the
Patent Office, 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 Office　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　Office　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 Office 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.　The applicant for a patent　for　invention　who
has filed in a foreign country an application for a patent　for　the　same
invention shall, at the time of requesting examination　as　to　substance,
furnish 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, the application shall be deemed to have been withdrawn.
Article 37.
Where the Patent Office, 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 Office 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. [*9]
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
Office shall make a decision to grant　the　patent　right　for　invention,
issue the certificate of patent for invention, and register　and　announce
it.

Article 40. [*10]
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 Office 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.
Article 41. [*11]
Where, within six months from the date of the announcement of the grant of
the patent right by the Patent Office, 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 Office to
revoke the patent right.
Article 42. [*12]
The Patent Office shall examine the request for revocation of　the　patent
right, make a decision revoking or upholding the patent right, and　notify
the person who made the request and the patentee.　The　decision　revoking
the patent right shall be registered and announced by the Patent Office.
Article 43. [*13]
The Patent Office shall set up a Patent　Reexamination　Board.　Where　any
party is not satisfied with the decision of the　Patent　Office　rejecting
the application,　or　the　decision　of　the　Patent　Office　revoking　or
upholding the patent right, such party 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, the　patentee　or
the person who made the request for revocation of the patent right.
Where the applicant for　a　patent　for　invention,　the　patentee　of　an
invention or the person who made the request for revocation of the　patent
right for invention 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.
The decision of the Patent Reexamination Board in respect of any　request,
made by the applicant, the patentee or the person who made the request for
revocation of the patent right, for　reexamination　concerning　a　utility
model or design is final.
Article 44. [*14]
Any patent right which has been revoked shall be deemed to be　nonexistent
from the beginning.
　
　　　　　Chapter V DURATION, CESSATION AND INVALIDATION OF PATENT RIGHT

Article 45. [*15]
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 46.
The patentee shall pay an annual fee beginning with the year in which　the
patent right was granted.
Article 47.
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 Office.
Article 48. [*16]
Where,　after　the　expiration　of　six　months　from　the　date　of　 the
announcement of the grant of the patent right by the　Patent　Office,　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 49.
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 Office.
Where any　party　is　not　satisfied　with　the　decision　of　the　Patent
Reexamination Board declaring the patent right for　invention　invalid　or
upholding the patent right for invention, such　party　may,　within　three
months from receipt of the notification of the decision,　institute　legal
proceedings in the people's court.
The decision of the Patent Reexamination Board in respect of a request　to
declare invalid the patent right for utility model or design is final.
Article 50. [*17]
Any patent right which has been declared invalid shall　be　deemed　to　be
nonexistent 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 made and enforced by the administrative
authority for patent affairs, 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.
The provisions of the second and third paragraph　of　this　Article　shall
apply to the patent right which has been revoked.
　
　　　　　Chapter VI COMPULSORY LICENSE FOR EXPLOITATION OF THE PATENT

Article 51. [*18]
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 Office may, upon the application of that entity, grant
a compulsory license to exploit the patent for invention or utility model.
Article 52. [*19]
Where a national emergency or any extraordinary state of　affairs　occurs,
or where the public interest so requires, the Patent Office　may　grant　a
compulsory license to exploit the patent for invention or utility model.
Article 53.
Where the invention or utility　model　for　which　the　patent　right　was
granted is technically more advanced than　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　Office
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 Office may, upon the request of the earlier　patentee,
also grant a compulsory license to exploit the later invention or　utility
model.
Article 54.
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 55.
The decision made by the Patent Office granting a compulsory　license　for
exploitation shall be registered and announced.
Article 56.
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 57.
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 Office shall adjudicate.
Article 58.
Where the patentee is not satisfied with the decision of the Patent Office
granting a compulsory license for exploitation or　with　the　adjudication
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 59.
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 60.
For any exploitation of the　patent,　without　the　authorization　of　the
patentee, constituting an infringing act, the patentee or　any　interested
party may request the　administrative　authority　for　patent　affairs　to
handle the matter or may　directly　institute　legal　proceedings　in　the
people's court. The administrative authority for patent　affairs　handling
the matter shall have the　power　to　order　the　infringer　to　stop　the
infringing act and to compensate for the damage.　Any　party　dissatisfied
may, within three months from the receipt of the　notification,　institute
legal proceedings in the people's　court.　If　such　proceedings　are　not
instituted within the time limit and if the order is　not　complied　with,
the administrative authority for patent affairs may approach the　people's
court for compulsory execution.
When any infringement dispute arises, if the patent　for　invention　is　a
process for the manufacture of a new product,　any　entity　or　individual
manufacturing the identical product shall furnish　proof　of　the　process
used in the manufacture of its or his product. [*20]
Article 61.
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.
Article 62.
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　by　the
patentee or with the authorization of the patentee, any other person　uses
or sells that product;
(2) Where any person uses or sells a patented product not knowing that　it
was made and sold without the authorization of the patentee;
(3) 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;
(4) Where any foreign means of transport which temporarily passes　through
the territory, 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;
(5) Where any person uses the patent concerned solely for the purposes　of
scientific research and experimentation.

Article 63.
Where any person passes off the patent of another person, such passing off
shall be treated in accordance　with　Article　60　of　this　Law.　If　the
circumstances are　serious,　any　person　directly　responsible　shall　be
prosecuted, for his　criminal　liability,　by　applying　mutatis　mutandis
Article 127 of the Criminal Law.
Where any person passes any unpatented product off as patented product　or
passes any unpatented process off as patented process, such　person　shall
be ordered by the administrative authority for patent affairs to stop　the
passing off, correct it publicly, and pay a fine. [*21]
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.
Where any staff member of the Patent Office, or any staff member concerned
of the State, acts wrongfully out of personal　considerations　or　commits
fraudulent acts, he shall be　subject　to　disciplinary　sanction　by　the
Patent Office or the competent authority concerned. If　the　circumstances
are serious, he shall　be　prosecuted,　for　his　criminal　liability,　by
applying mutatis mutandis Article 188 of the Criminal Law.
　
　　　　　Chapter VIII SUPPLEMENTARY PROVISIONS

Article 67.
Any application for a patent filed with, and any other proceedings before,
the Patent Office shall be subject to the payment of a fee as prescribed.
Article 68.
The implementing Regulations of this Law shall be drawn up by　the　Patent
Office and shall enter into force after approval by the State Council.
Article 69.
This Law shall enter into force on April 1, 1985.
This Decision [*22] shall　enter　into　force　on　January　1,　1993.　The
applications for patent filed before the entry into force of this Decision
and the patent rights granted on the basis of the said applications　shall
continue to be governed by the provisions of the　Patent　Law　before　its
amendment. However, the procedures provided by the amended Articles 39　to
44 and the amended Article 48 of the Patent Law concerning the approval of
applications for patent, and the revocation and invalidation of the patent
right shall apply　to　the　said　applications　which　are　not　announced
according to the provisions of Articles 39 and 40 of the Patent Law before
its amendment. (Extract from 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)

[*1] This Table of Contents was established for　the　convenience　of　the
reader by the Patent Laws Research Institute of the Chinese Patent Office.
The text of the Patent Law　adopted　by　the　Standing　Committee　of　the
National People's Congress does not contain such a table and the　Articles
have no titles in the Law.
[*2] The texts of those articles　of　the　Law　printed　in　boldface　are
amended texts.　The　relevant　old　texts　are,　for　the　convenience　of
reference, printed in the footnotes on the same page.
[*3] Old Article 11. After the grant of the patent right for an　invention
or utility model, except as provided for in Article 14　of　this　Law,　no
entity or individual may,　without　the　authorization　of　the　patentee,
exploit the patent, that is, make, use or sell the　patented　product,　or
use 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　patent,　that
is, make or sell the　product,　incorporating　the　patented　design,　for
production or business purposes.
[*4] Old 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) food, beverages and flavorings;
(5) pharmaceutical products and substances obtained by means of a chemical
process;
(6) animal and plant varieties;
(7) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4) to (6)
of the preceding paragraph, patent right may be granted in accordance with
the provisions of this Law.

[*5] Old Article 29.
Where any foreign applicant files an application in　China　within　twelve
months from the date on which he or it first filed in a foreign country an
application for a patent for the identical invention or utility model,　or
within six months from the date on which he or it first filed in a foreign
country an application for a patent for the identical　design,　he　or　it
may, in accordance with any agreement concluded　between　the　country　to
which he or it belongs 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,
that is, the date on which the application was first filed in the　foreign
country shall be regarded as the date of filing.
Where the applicant claims a right of priority and where one of the events
listed in Article 24 of this Law occurred, the　period　of　the　right　of
priority shall be counted from the date on which the event occurred.
[*6] Old Article 30. Any applicant who claims the right of priority　shall
make a written declaration when the application is filed,　indicating　the
date of filing of the earlier application in the foreign country　and　the
country in which that application was　filed,　and　submit,　within　three
months, a copy of that application document, certified　by　the　competent
authority of that country; if the applicant　fails　to　make　the　written
declaration or to meet the time limit for　submitting　the　document,　the
claim to the right of priority shall be deemed not to have been made.
[*7] Old Article 33. An applicant may amend his or its application　for　a
patent, but may not go beyond the scope of the disclosure contained in the
initial description.
[*8] Old Article 34. Where, after receiving an application　for　a　patent
for invention, the Patent Office, upon preliminary examination, finds　the
application to be in conformity with the　requirements　of　this　Law,　it
shall publish the application within 18 months from the date of filing.
Upon the request　of　the　applicant,　the　Patent　Office　publishes　the
application earlier.
[*9] Old 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 Office shall make a decision, announce it and notify
the applicant.

[*10] Old Article 40. Where, after receiving the application for a　patent
for utility model or design, the　Patent　Office　finds　upon　preliminary
examination that the application is in conformity with the requirements of
this Law, it shall not proceed to examine it as　to　substance　but　shall
immediately make an announcement and notify the applicant.
[*11]　Old　Article　41.　Within　three　months　from　the　date　of　 the
announcement　of　the　application　for　a　patent,　any　person　may,　in
accordance with the provisions of 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　the　applicant　shall　respond　in
writing within three months from the date of its receipt; if, without　any
justified reason, the time limit for making the written　response　is　not
met, the application shall be deemed to have been withdrawn.
[*12] Old Article 42. Where, after examination, the　Patent　Office　finds
that the opposition is justified, it shall make a decision to　reject　the
application and notify the opponent and the applicant.

[*13]　Old　Article　43.　The　Patent　Office　shall　set　up　 a　 Patent
Reexamination Board.　Where　the　applicant　is　not　satisfied　with　the
decision of the Patent Office rejecting the application,　he　or　it　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.
Where the applicant for a patent for invention is not satisfied　with　the
decision of the Patent　Reexamination　Board　rejecting　the　request　for
reexamination, he or it may within three months from the date　of　receipt
of the notification, institute legal proceedings in the people's court.
The decision of the Patent Reexamination Board in respect of　any　request
by the applicant for reexamination concerning a utility model or design is
final.
[*14] Old Article 44. Where no opposition to the application for a　patent
is filed　or　where,　after　its　examination,　the　opposition　is　found
unjustified, the Patent Office shall make a decision to grant　the　patent
right, issue　the　patent　certificate,　and　register　and　announce　the
relevant matters.

[*15] Old Article 45. The duration of patent right for inventions shall be
15 years counted from the date of filing.
The duration of patent right for utility models or designs shall　be　five
years counted from the date of filing. Before the expiration of　the　said
term, the patentee may apply for a renewal for three years.
Where the patentee enjoys a right of　priority,　the　duration　of　patent
right shall be counted from the date on which the application was filed in
China.
[*16] Old Article 48. Where, after the grant　of　the　patent　right,　any
entity or individual considers that the grant of the said patent right　is
not in conformity with the provisions of this Law, it or　he　may　request
the Patent Reexamination Board to declare the patent right invalid.
[*17] Old Article 50. Any patent right which　has　been　declared　invalid
shall be deemed to be nonexistent from the beginning.
[*18] Old Article 51. The patentee himself or itself has the obligation to
make the patented product, or to use the patented process,　in　China,　or
otherwise to authorize other persons to make the patented product,　or　to
use the patented process, in China.
[*19] Old Article 52. Where the patentee of an invention or utility　model
fails, without any justified reason, by the expiration of three years from
the date of the grant of the patent right, to fulfil　the　obligation　set
forth in Article 51, the Patent Office may, upon the request of an　entity
which is qualified to exploit the invention　or　utility　model,　grant　a
compulsory license to exploit the patent.
[*20] The old second　paragraph　of　Article　60:　When　any　infringement
dispute arises,　if　the　patent　for　invention　is　a　process　for　the
manufacture of a product,　any　entity　or　individual　manufacturing　the
identical　product　shall　furnish　proof　of　the　process　used　in　the
manufacture of its or his product.
[*21] This is a new paragraph added to Article 63.
[*22] This Decision relates to the amendments of Articles 11, 25, 29,　30,
33, 34, 39-45, 48, 50-52, 60 and 63 of the Patent Law.