(Adopted at the 4th Meeting of the Standing Committee of the Sixth National People's Congress on March 12, 1984

Amended in accordance with the Decision of the Standing Committee of the Seventh National People's Congress on Amending the Patent Law of the people's Republic of China at its 27th Meeting on September 4, 1992

Amended again in accordance with the Decision of the Standing Committee of the Ninth National People's Congress on Amending the Patent Law of the People's Republic of China adopted at its 27th Meeting on August 25, 2000. The revised Law comes into force on July 1 2001)

TABLE OF CONTENTS

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 Exploitation of Patent
Chapter VII Protection of Patent Right
Chapter VIII Supplementary Provisions

Article
Chapter I General Provisions

1. Purpose of the Law

2. Subject Matter of Patents: Inventions-Creations (Inventions and Utility Models; Designs)
3. Tasks of the Patent Administration Department Under the State Council and the Administrative Authority for Patent Affairs in the Localities
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. Spreading and Application of Certain Patents Owned by Chinese Entitles or Individuals
15. Marking of Patents
16. Reward and Remuneration of Inventors or Creators of Service Inventions-Creations
17. Naming of Inventor or Creator In Patent
18. Foreigners Entitled to File Patent Applications
19. Patent Agency
20. Filing of Applications Abroad by Chinese; Filing and Handling of International Application
21. Principle of Handling Patent Application and Request; 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. Claming 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 Application 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. Reexamination and Court Proceedings

Chapter V Duration, Cessation and Invalidation of Patent Right

42. Duration of Patent Right
43. Annual Fees
44. Cessation of Patent Right
45. Request for Invalidation
46. Decision on Request for Invalidation
47. Effect of Invalidation

Chapter VI Compulsory License for Exploitation of Patent

48. Inventions and Utility Models: Compulsory Licenses In Case of Failure to Obtain Authorization from Patentee
49. Inventions and Utility Models: Compulsory Licenses In Case of Use for Public Interest
50. Inventions and Utility Models: Compulsory Licenses In Case of Dependent Patents
51. Inventions and Utility Models: Proof Required from Requestor of Compulsory License
52. Inventions and Utility Models: Registration and Announcement of Compulsory License; Cessation of Compulsory License
53. Inventions and Utility Models: Limitation of Rights of Compulsory Licensee
54. Inventions and Utility Models: Exploitation Fee to be Paid by Compulsory Licensee
55. Inventions and Utility Models: Court Proceedings Concerning Compulsory License

Chapter VII Protection of Patent Right

56. Determination of Extent Protection
57. Definition of Infringement and Remedies; Inventions: Proof in Case of Process of Patents; Utility Model: Furnishing of Search Report
58. Remedies and Penalties for Passing off the Patent of Another Person
59. Remedies and Penalties for Passing off Patented Product or Process
60. Assessment of the Amount of Compensation for the Damage Caused by the Infringement of Patent Right
61. Provisional Measures
62. Prescription for Instituting Legal Proceedings
63. Acts Not Constituting Infringement; Exemption of Compensation for Damage
64. Sanctions for Not Respecting Provision of Article 20
65. Sanctions for Usurpation of Rights of Inventor or Creator
66. The Administrative Authority for Patent Affairs May Not Take Part in Commercial Activities
67. Sanctions Against Offending Officials

Chapter VIII Supplementary Provisions

68. Fees
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 invention-creation, to foster the spreading and application of inventions-creations, and to promote the development and innovation 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 Administration Department Under the State Council is responsible for the patent work throughout the country. It receives and examines patent applications and grants patent rights for inventions-creations in accordance with law.
The administrative authority for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the administrative work concerning patents in their respective administrative areas

Article 4. Where an invention-creation for which a patent is applied for relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in 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 mainly by using the material and technical means of the entity is a service invention-creation. For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the 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.
In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the inventor or creator have entered into a contract in which the right to apply for and own a patent is provided for, such a provision shall apply.

Article 7. No entity or individual shall prevent the inventor or creator from filing an application for a 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 given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee.

Article 9. Where two or more applicants file applications for 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 shall conclude a written contract and register it with the Patent Administration Department Under the State Council. The Patent Administration Department Under the State Council shall announce the registration. The assignment shall take effect as of the date of registration.