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1、PATENT LAW OF THE PEOPLES REPUBLIC OF CHINA(Adopted at the 4th Meeting of the Standing Committee of the Sixth National Peoples Congress on March 12,1984 Amended the first time in accordance with the Decision of the Standing Committee of the Seventh National Peoples Congress on Amending the Patent La
2、w of the Peoples Republic of China adopted at its 27th Meeting on September 4, 1992 Amended the second time in accordance with the Decision of the Standing Committee of the Ninth National Peoples Congress on Amending the Patent Law of the Peoples Republic of China adopted at its 17th Meeting on Augu
3、st 25,2000 Amended the third time in accordance with the Decision of the Standing Committee of the Eleventh National Peoples Congress on Amending the Patent Law of the Peoples Republic of China adopted at its 6th Meeting on December 27,2008) Translated by the State Intellectual Property Office of th
4、e Peoples Republic of China. In case of discrepancy, the original version in Chinese shall prevail. Chapter I Chapter 11 Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII TABLE OF CONTENTS General Provisions Requirements for Grant of Patent Right Application for Patent Examination
5、 and Approval of Application for Patent Duration, Cessation and Invalidation of Patent Right Compulsory License for Exploitation of Patent Protection of Patent Right Supplementary Provisions This table of contents was established for the convenience of the reader by the State Intellectual Property O
6、ffice of the Peoples Republic of China. The text of the Patent Law adopted by the Standing Committee of the National Peoples Congress does not contain such a table. Chapter I General Provisions Article 1. This Law is enacted to protect the legitimate rights of the patentee, to encourage inventions-c
7、reations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society. Article 2. In this Law, inventions-creations mean inventions, utility models and designs. Invention means
8、 any new technical solution relating to a product, a process or improvement thereof. Utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Design means any new design of the shape, the pattern, or thei
9、r combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application. Article 3. The patent administration department under the State Council is responsible for the patent work throughout the country. It receives
10、 and examines patent applications, and grants patent right for inventions-creations in accordance with the law. The administrative authority for patent affairs under the peoples governments of provinces, autonomous regions and municipalities directly under the central government are responsible for
11、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 accordanc
12、e 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 or social morality or that is detrimental to public interest. No patent right shall be granted for any invention-creation where acquisition or use of th
13、e genetic resources, on which the development of the invention-creation relies, is not consistent with the provisions of the laws or administrative regulations. 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 us
14、ing 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 f
15、or 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
16、 have entered into a contract in which the right to apply for and own a patent is provided for, such provisions 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 in
