Patent Law of the People's
Republic of China
(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 17th
Meeting on August 25,2000
TABLE OF CONTENT
Chapter 1 General Provisions
Chapter 2 Requirements for Grant of Patent Right
Chapter 3 Application for Patent
Chapter 4 Examination and Approval of Application for Patent
Chapter 5 Duration, Cessation and Invalidation of Patent Right
Chapter 6 Compulsory License for Exploitation of Patent
Chapter 7 Protection of Patent Right
Chapter 8 Supplementary Provisions
Chapter 1 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 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.
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.
Article 11
After the grant of the patent right for an invention or utility
model, except where otherwise provided for in this 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, and 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 patent, 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 shall
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
Where any patent for invention, belonging to any State-owned
enterprise or institution, is of great significance to the interest
of the State or to the public interest, the competent departments
concerned under the State council and the people's governments of
provinces, autonomous regions or municipalities directly under the
Central Government may, after approval by the State Council, decide
that the patented invention be spread and applied within the
approved limits, and allow designated entities to exploit that
invention. The exploiting entity shall, according to the regulations
of the State, pay a fee for exploitation to the patentee.
Any patent for invention belonging to a Chinese individual or an
entity under collective ownership, which is of great significance to
the interest of the State or to the public interest and is in need
of spreading and application, 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 a 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 pay the
inventor or creator a reasonable remuneration 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, it or he shall appoint a patent agency designated by
the patent administration department 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 agency shall comply with the provisions of laws and
administrative regulations, and handle patent applications and other
patent matters according to the instructions of its clients. In
respect of the contents of its clients' inventions-creations, except
for those that have been published or announced, the agency shall
bear the responsibility of keeping them confidential. The
administrative regulations governing the patent agency 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 invention-creation
made in China, it or he shall file first an application for patent
with the patent administration department under the State Council,
appoint a patent agency designated by the said department to act as
its or his agent, and comply with the provisions of Article 4 of
this Law.
Any Chinese entity or individual may file an international
application for patent in accordance with any international treaty
concerned to which China is party. The applicant filing an
international application for patent shall comply with the
provisions of the preceding paragraph.
The patent administration department under the State Council shall
handle any international application for patent in accordance with
the international treaty concerned to which China is party, this Law
and the relevant regulations of the State Council.
Article 21
The patent administration department under the State Council and its
Patent Reexamination Board shall handle any patent application and
patent-related request according to law and in conformity with the
requirements for being objective, fair, correct and timely.
Until the publication or announcement of the application for a
patent, staff members of the patent administration department under
the State Council and other persons involved have the duty to keep
its contents secret.
Chapter 2 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 app1icability.
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 Administration
Department Under the State Council an application which described
the identical invention or utility mode1 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 and simi1ar 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 be
in conflict with any prior right of 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 disc1osed 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 3 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 re1evant field of techno1ogy 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 sha1l be supported by the description and shall state the
extent of the patent protection asked for.
Article 27
Where an app1ication 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
be1ongs shall be indicated.
Article 28
The date on which the Patent Administration Department Under the
State Council receives the application shall be the date of filing.
If the app1ication 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 Administration
Department 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 4 Examination and Approval of Application for
Patent
Article 34
Where, after receiving an application for a patent for invention,
the Patent Administration Department 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 Administration
Department 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
Administration Department 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 Administration Department 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 administration department
under the State Council may ask the app1icant to furnish within a
specified 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, at the expiration of the
specified time limit, without any justified reason, the said
documents are not furnished, the application shall be deemed to have
been withdrawn.
Article 37
Where the Patent Administration Department 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 Administration Department 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 administration department 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 take effect as of 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 administration department 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 take effect as of the date of the
announcement.
Article 41
The patent administration department under the State Council shall
set up a Patent Reexamination Board. Where an applicant for patent
is not satisfied with the decision of the said department
rejecting the application, the 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 is not satisfied with the decision
of the Patent Reexamination Board, it or he may, within three months
from the date of receipt of the notification, institute legal
proceedings in the people's court.
Chapter 5 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 Administration Department Under the State Council.
Article 45
Where, starting from the date of the announcement of the grant of
the patent right by the patent administration department 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 promptly, make a decision on it
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 administration department under the State
Council.
Where the patentee or the person who made the request for
invalidation 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 person that
is the opponent party of that party in the invalidation procedure to
appear as a third party in the legal proceedings.
Article 47
Any patent right which has been declared invalid shall be deemed to
be non-existent from the beginning.
The decision declaring the patent right invalid shall have no
retroactive effect on any judgement or ruling of patent infringement
which has been pronounced and enforced by the people's court, on any
decision concerning the handling of a dispute over patent
infringement which has been complied with or compulsorily executed,
or on any contract of patent license or of assignment of patent
right which has been performed prior to the declaration of the
patent right invalid; however, the damage 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, the
patentee or the assignor of the patent right makes no repayment to
the licensee or the assignee of the patent right of the fee for the
exploitation of the patent or of the price for the assignment of the
patent right, which 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
of the price for the assignment of the patent right to the licensee
or the assignee of the patent right.
Chapter 6 Compulsory License for Exploitation of 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 conditions and such efforts have not been
successful within a reasonable period of time, the Patent
Administration Department Under the State Council may, upon the
request 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
Administration Department 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 has
been granted involves important technical advance of considerable
economic significance in relation to 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
administration department 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 Administration Department 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 and
conditions.
Article 52
The decision made by the patent administration department under the
State Council granting a compulsory license for exploitation shall
be notified promptly to the patentee concerned, and shall be
registered and announced.
In the decision granting the compulsory license for exploitation,
the scope and duration of the exploitation shall be specified 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 administration department
under the State Council may, after review upon the request of the
patentee, terminate the compulsory license.
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 Administration Department Under the State Council shall
adjudicate.
Article 55
Where the patentee is not satisfied with the decision of the patent
administration department 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 for
exploitation is not satisfied with the ruling made by the patent
administration department under the State Council regarding the fee
payable for exploitation, it or he may, within three months from
the receipt of the date of notification, institute legal proceedings
in the people's court.
Chapter 7 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 a dispute arises as a result of the exploitation of a patent
without the authorization of the patentee, that is, the infringement
of the patent right of the patentee, it shall be settled through
consultation by the parties. Where the parties are not willing to
consult with each other or where the consultation fails, the
patentee or any interested party may institute legal proceedings in
the people's court, or request the administrative authority for
patent affairs to handle the matter. When the administrative
authority for patent affairs handling the matter considers that the
infringement is established, it may order the infringer to stop the
infringing act immediately. If the infringer is not satisfied with
the order, he may, within 15 days from the date of receipt of the
notification of the order, institutes legal proceedings in the
people's court in accordance with the Administrative Procedure Law
of the People's Republic of China. If, within the said time limit,
such proceedings are not instituted and the order is not complied
with, the administrative authority for patent affairs may approach
the people's court for compulsory execution. The said authority
handling the matter may, upon the request of the parties, mediate in
the amount of compensation for the damage caused by the infringement
of the patent right. If the mediation fails, the parties may
institute legal proceedings in the people's court in accordance with
the Civil Procedure Law of the People's Republic of China.
Where any infringement dispute relates to a patent for invention for
a process for the manufacture of a new product, any entity or
individual manufacturing the identical product shall furnish proof
to show that the process used in the manufacture of its or his
product is different from the patented process. Where the
infringement relates to a patent for utility model, the people's
court or the administrative authority for patent affairs may ask the
patentee to furnish a search report made by the patent
administration department under the State Council.
Article 58
Where any person passes off the patent of another person as his own,
he shall, in addition to bearing his civil liability according to
law, be ordered by the administrative authority for patent affairs
to amend his act, and the order shall be announced. His illegal
earnings shall be confiscated and , in addition, he may be imposed a
fine of not more than three times his illegal earnings and, if there
is no illegal earnings, a fine of not more than RMB 50,000 yuan.
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 administrative authority for patent
affairs to amend his act , and the order shall be announced, and he
may be imposed a fine of no more than RMB 50,000 yuan.
Article 60
The amount of compensation for the damage caused by the infringement
of the patent right shall be assessed on the basis of the losses
suffered by the patentee or the profits which the infringer has
earned through the infringement. If it is difficult to determine the
losses which the patentee has suffered or the profits which the
infringer has earned, the amount may be assessed by reference to the
appropriate multiple of the amount of the exploitation fee of that
patent under contractual license.
Article 61
Where any patentee or interested party has evidence to prove that
another person is infringing or will soon infringe its or his patent
right and that if such infringing act is not checked or prevented
from occurring in time, it is likely to cause irreparable harm to it
or him, it or he may, before any legal proceedings are instituted,
request the people's court to adopt measures for ordering the
suspension of relevant acts and the preservation of property.
The people's court, when dealing with the request mentioned in the
preceding paragraph, shall apply the provisions of Article 93
through Article 96 and of Article 99 of the Civil Procedure Law of
the People's Republic of China
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 no appropriate fee for exploitation of the invention, subject
of an application for patent for invention, is paid during the
period from the publication of the application to the grant of
patent right, prescription for instituting legal proceedings by the
patentee to demand the said fee is two years counted from the date
on which the patentee obtains or should have obtained knowledge of
the exploitation of his invention by another person. However, where
the patentee has already obtained or should have obtained knowledge
before the date of the grant of the patent right, the prescription
shall be counted from the date of the grant.
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 of a product
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
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;
(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 or a product that was directly
obtained by using a
patented process, without knowing that it was
made and sold without the
authorization of the patentee, shall not be
liable to compensate for the
damage of the patentee if he can prove that he
obtains the product from
a legitimate source.
Article 64
Where any person, in violation of the provisions of Article 20 of
this Law, 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. Where a crime is
established, the person concerned 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 administrative authority for patent affairs may not take part in
recommending any patented product for sale to the public or any
such commercial activities.
Where the administrative authority for patent affairs violates the
provisions of the preceding paragraph, it shall be ordered by the
authority at the next higher level or the supervisory authority to
correct its mistakes and eliminate the bad effects. The illegal
earnings, if any, shall be confiscated. Where the circumstances are
serious, the persons who are directly in charge and the other
persons who are directly responsible shall be given disciplinary
sanction in accordance with law.
Article 67
Where any State functionary working for patent administration or
any other State functionary concerned neglects his duty, abuses his
power, or engages in malpractice for personal gain, which
constitutes a crime, shall be prosecuted for his criminal liability
in accordance with law. If the case is not serious enough to
constitute a crime, he shall be given disciplinary sanction in
accordance with law.
Chapter 8 Supplementary Provisions
Article 68
Any application for a patent filed with, and any other proceedings
before, the Patent Administration Department 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 l, 1985.