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£º 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.
CHAPTER II£º 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£º 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.
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£º 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.
CHATER VI£ºCOMPULSORY 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£º 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.
CHAPTER VIII£º 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.
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