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 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
Chapter
II:Requirements for Grant of Patent Right
Chapter
III:
Application for Patent
Chapter
IV: Examination and Approval of Application for Patent
Chapter
V: Duration, Cessation and Invalidation of Patent Right
Chapter VI: Compulsory License for Exploitaion of the Patent
Chapter
VII: Protection of Patent Right
Chapter VIII: Supplementary Provisions
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.
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.
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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.
Chapter
VI
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.
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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.
