中华人民共和国专利法实施细则（二）

vious mistakes which it finds in the title of the invention-creation， the abstract or the request of the application， and notify the applicant.

　　The patent office shall correct promptly the mistakes in the Patent Gazettes and documents issued by it once they are discovered.

　　Chapter IV INVALIDATION OF PATENT RIGHT

　　Rule 65. Anyone requesting invalidation or part invalidation of a patent right according to the provisions of Article 48 of the Patent Law shall submit the request and the relevant documents in two copies， stating the facts and reasons on which the request is based， to the Patent Reexamination Board.

　　The person requesting invalidation may withdraw his request before the Patent Reexamination Board makes a decision on it.

　　Rule 66. Where the request for invalidation of the patent right does not comply with the prescribed form， the person making the request shall rectify it within the time limit fixed by the Patent Reexamination Board. If the rectification fails to be made within the time limit， the request for invalidation shall be deemed not to have been filed. The grounds on which the request for invalidation may be based shall comprise that the invention-creation for which the patent right is granted does not comply with the provisions of Articles 22 or 23， Article 26， paragraphs three or four， or Article 33 of the Patent Law， or Rule 2， or Rule 12， paragraph one of these Implementing Regulations； or it falls under the provisions of Articles 5 or 25 of the Patent Law； or the person to whom the patent was granted cannot obtain a patent right according to the provisions of Article 9 of the Patent Law.

　　Where， in the request for invalidation， no facts and reasons have been given to support the request or the reasons given do not conform to the provisions of the preceding paragraph， or where invalidation is requested after the request for revocation is made but no decision on that request has yet been rendered， or where， after decision on any request for revocation or invalidation of the patent right was made， invalidation based on the same facts and reasons is requested again， the request shall be declared to be unacceptable by the Patent Reexamination Board.

　　Rule 67. The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and copies of the relevant documents to the patentee and invite it or him to present its or his observations within a specified time limit. The patentee may amend its or his patent specification， but may not broaden the scope of patent protection. Where no response is made within the time limit， the hearing procedure of the Patent Reexamination Board will not be affected.

　　Chapter V COMPULSORY LICENSE FOR EXPLOITATION OF PATENT

　　Rule 68. After the expiration of three years from the grant of the patent right， any entity may， in accordance with the provisions of Article 51 of the Patent Law， request the Patent Office to grant a compulsory license.

　　Any entity or individual requesting a compulsory license shall submit to the Patent Office a request for compulsory license and state the reasons therefor， together with relevant supporting documents. The request and the supporting documents shall be in two copies respectively.

　　The Patent Office shall send a copy of the request for compulsory license to the patentee. He or it shall make his or its observations within the time limit specified by the Patent Office. Where no response is made within the time limit， the Patent Office will not be affected in making a decision to grant a compulsory license. Where a national emergency or any extraordinary state of affairs occurs， or in cases of public non- commercial use， the Patent Office may grant a compulsory license. The decision of the Patent Office granting a compulsory license for exploitation shall limit the scope and duration of the exploitation on the basis of the reasons justifying the grant， and provide that the exploitation shall be predominately for the supply of the domestic market. The decision of the Patent Office granting a compulsory licence shall be notified to the patentee as soon as reasonably practicable， and shall be registered and

announced by the Patent Office. If and when the circumstances which led to such compulsory license cease to exist and are unlikely to recur， the Patent Office may， upon the request of the patentee， review the continued existence of these circumstances， and terminate the compulsory license.

　　Rule 69. Any party requesting， in accordance with the provisions of Article 57 of the Patent Law， the Patent Office to adjudicate the fees for exploitation， shall submit a request for adjudication and furnish documents showing that the parties have not been able to conclude an agreement in respect of the amount of the fees. The Patent Office shall make an adjudication within three months from the date of receipt of the request and notify the parties accordingly.

　　Chapter VI REWARDS TO INVENTOR OR CREATOR OF SERVICE INVENTION-CREATION

　　Rule 70. “Rewards” mentioned in Article 16 of the Patent Law includes money prizes and remunerations which are to be awarded to inventors and creators.

　　Rule 71. Any entity holding a patent right shall， after the grant of the patent right， award to inventors or creators of a service invention-creation a sum of money as prize. The sum of money prize for a patent for invention shall not be less than 200 yuan； the sum of money prize for a patent for utility model or design shall not be less than 50 yuan. Where an invention-creation was made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs， after the grant of the patent right， the entity holding it shall award to him a money prize liberally.

　　Any enterprise holding the patent right may include the said money prize paid to such inventors or creators into its production cost； any institution holding the patent right may disburse the said money prize out of its operating expenses.

　　Rule 72. Any entity holding a patent right shall， after exploiting the patent for invention-creation within the duration of the patent right， draw each year from any increase in profits after taxation a percentage of 0.5%-2% due to the exploitation of the invention or the utility model， or a percentage of 0.05%-0.2% due to the exploitation of the design， and award it to the inventor or creator as remuneration. The entity shall， otherwise， by making reference to the said percentage， award a lump sum of money to the inventor or creator as remuneration.

　　Rule 73. Where any entity holding a patent right for invention-creation authorizes other entities or individuals to exploit its or his patent， it shall， after taxation， draw a percentage of 5%-10% from the fees for exploitation it received and award it to the inventor or creator as remuneration.

　　Rule 74. The remuneration provided for in these Implementing Regulations shall be disbursed out of the profits derived from the making of patented products or the use of patented process and out of the fees obtained for the exploitation of the patents. The remuneration shall not be included in the amount of the normal bonuses of the entity， nor subject to the bonus tax.

　　But the inventor or creator shall pay tax for his income.

　　Rule 75. The Chinese entities under collective ownership and other enterprises may award to the inventor or creator money prize and remuneration by making reference to the provisions in this chapter.

　　Chapter VII ADMINISTRATIVE AUTHORITY FOR PATENT AFFAIRS

　　Rule 76. “The administrative authority for patent affairs” mentioned in the Patent Law and these Implementing Regulations refers to the administrative authorities for patent affairs set up by the competent departments concerned of the State Council and the people's governments in the localities.

　　Rule 77. Where， after the publication of an application for a patent for invention and before the grant of the patent right， any entity or individual has exploited the invention without paying appropriate fees， the paten

tee may， after the grant of the patent right， request the administrative authority for patent affairs to handle the matter， or may directly institute legal proceedings in the people's court. The administrative authority handling the matter shall have the power to decide that the entity or individual shall pay appropriate fees within the specified time limit. Where any of the parties concerned is not satisfied with the decision of the said authority， it or he may institute legal proceedings in the people's court. Where any dispute arises between any inventor or creator， and the entity to which he belongs， as to whether an invention-creation is a service invention-creation， or whether an application for a patent is to be filed in respect of a service invention-creation， or where the entity owning or holding the patent right has not according to law awarded a reward or paid remuneration to the inventor or creator of service invention-creation， the inventor or creator may request the competent department at the higher level or the administrative authority for patent affairs of the region in which the entity is located to handle the matter.

　　The prescription for requesting the administrative authority for patent affairs to handle patent disputes is two years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the relevant fact.

　　Rule 78. Pursuant to the provisions of Article 63， paragraph two， of the Patent Law， where any person passes any unpatented product off as pate

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/