中华人民共和国专利法实施细则（二）

nted product or passes any unpatented process off as patented process， the administrative authority for patent affairs may， according to the circumstances， order such person to stop the passing off， to eliminate its ill effects and， in addition， to pay a fine of 1000 yuan to 50000 yuan or a fine from 100% to 300% of the amount of his illegal income.

　　Rule 79. Where parties to any trans departmental or transregional infringement dispute request the administrative authority for patent affairs to handle the matter， the said dispute shall be handled by the administrative authority for patent affairs of the region in which the infringement has taken place， or by the administrative authority for patent affairs of the higher competent department of the infringing entity.

　　Chapter VIII PATENT REGISTER AND PATENT GAZETTE

　　Rule 80. The Patent Office shall maintain a Patent Register in which shall be recorded the following matters relating to any patent right：

　　（1） any grant of the patent right；

　　（2） any assignment and succession of the patent right；

　　（3） any revocation and invalidation of the patent right；

　　（4） any cessation of the patent right；

　　（5） any restoration of the patent right；

　　（6） any compulsory license for exploitation of the patent；

　　（7） any changes in the name， the nationality and the address of the patentee；

　　Rule 81. The Patent Office shall publish the Patent Gazette at regular intervals， publishing or announcing the following；

　　（1） the bibliographic data contained in patent applications；

　　（2） the abstract of the description of an invention or utility model， the drawings or photographs of a design and its brief explanation；

　　（3） any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Office to proceed on its own initiative to examine as to substance an application for a patent for invention；

　　（4） any declassification of secret patents；

　　（5） any rejection， withdrawal and being deemed withdrawal of an application for a patent for invention after its publication；

　　（6） any assignment and succession of an application for a patent for invention after its publication；

　　（7） any grant of the patent right；

　　（8） any revocation and invalidation of the patent r

ight；

　　（9） any cessation of the patent right；

　　（10） any assignment and succession of the patent right；

　　（11） any grant of compulsory license for exploitation of the patent；

　　（12） any restoration of a patent application or patent right；

　　（13） any change in the name or address of the patentee；

　　（14） any notification to the applicant whose address is not known；

　　（15） any other related matters.

　　The description， its drawings and the claims of an application for a patent for invention or utility model shall be published in pamphlet form.

　　Chapter IX FEES

　　Rule 82. When any person files an application for a patent with， or has other formalities to perform in， the Patent Office， he or it shall at the same time pay the following fees；

　　（1） filing fee and maintenance fee of an application；

　　（2） examination fee and reexamination fee；

　　（3） annual fee；

　　（4） fee for a change in the bibliographic data， fee for claiming priority， fee for a request for restoration of rights， fee for a request for revocation， fee for a request for invalidation， fee for a request for compulsory license， fee for a request for adjudication on exploitation fee of a compulsory license， fee for patent registration， and additional fees as prescribed.

　　The amount of the fees mentioned in the preceding paragraph shall be prescribed separately by the Patent Office in conjunction with the competent departments concerned of the State Council.

　　Rule 83. The fees provided for in the Patent Law and in these Implementing Regulations may be paid directly to the Patent Office or paid by way of bank or postal remittance， but not by telegraphic remittance.

　　Where fees are paid by way of bank or postal remittance， the applicant or the patentee shall indicate on the money order the filing number or the patent number， the name of the applicant or the patentee， the purpose of the payment and the title of the invention-creation.

　　Where fees are paid by way of bank or postal remittance， the date on which the transfer of such fee is ordered shall be the date of payment. Where the time between such a date and the date of receipt of the order at the Patent Office lasts more than fifteen days， unless the date of remittance is proved by the bank or the post office， the date of receipt at the Patent Office shall be the date of payment.

　　The payment which is not made in accordance with the provisions of the second paragraph of this Rule shall be deemed not to have been made.

　　Where any patent fee is paid more than as prescribed， paid once again or wrongly paid， the person making the payment may claim a refund， but the request for such refund shall be made within one year from the date of payment.

　　Rule 84. The applicant shall， after receipt of the notification of acceptance of the application from the Patent Office， pay the filing fee at the latest within two months from the filing date. If the fee is not paid or not paid in full within the time limit， the application shall be deemed to have been withdrawn.

　　Where the applicant claims the right of priority， he or it shall pay the fee for claiming priority at the same time with the payment of the filing fee. If the fee is not paid or not paid in full within the time limit， the claim to the right of priority shall be deemed not to have been made.

　　Rule 85. Where a request for an examination as to substance， a restoration of right， a reexamination or revocation of patent right is made， by the party concerned， the relevant fee shall be paid within the time limit as prescribed respectively for such requests by the Patent Law. If the fee is not paid or not paid in full within the time limit， the request is deemed not to have been made.

　　Rule 86. Where the applicant for a patent for invention has not been granted a patent right within tw

o years from the date of filing， it or he shall pay a fee for the maintenance of the application from the third year. The first maintenance fee shall be paid within the first month of the third year. The subsequent maintenance fees shall be paid in advance within the month before the expiration of the preceding year.

　　Rule 87. When the applicant goes through the formalities of patent registration， it or he shall pay a fee for patent registration， and the annual fee of the year in which the patent right was granted. Where the maintenance fee of the application of the year in which the patent right was granted has been paid， the annual fee of that year shall not be paid. If such fees are not paid in the prescribed time limit， the patent registration shall be deemed not to have been made. The subsequent annual fees shall be paid in advance within the month before the expiration of the preceding year.

　　Rule 88. Where the maintenance fee of the application or the annual fee of the years after the year in which the patent was granted is not paid in due time by the applicant or the patentee， or the fees are not paid in full， the Patent Office shall notify the applicant or the patentee to pay the fee or to make up the insufficiency within six months from the expiration of the time limit within which the maintenance fee or the annual fee was to be paid， and at the same time pay a surcharge which amounts to 25% that of the maintenance fee or the annual fee. Where the fees are not paid within the time limit， the application shall be deemed to have been withdrawn or the patent right shall be deemed lapsed from the expiration of the time limit within which the maintenance fee or the annual fee should be paid.

　　Rule 89. The fee for a change in the bibliographic data， fee for a request for compulsory license， fee for a request for adjudication on exploitation fee of a compulsory license and fee for a request for invalidation shall be paid as prescribed within one month from the date on which such request is filed. If the fee is not paid or not paid in full within the time limit， the request shall be deemed not to have been made.

　　Rule 90. Where any person filing an application for a patent or having other formalities to go through， has difficulties in paying the various fees prescribed by Rule 82 of these Implementing Regulations， that person may， according to prescriptions， submit a request to the Patent Office， asking for a reduction or postponement of the payment. The conditions for the reduction and postponement of the payment shall be prescribed by the Patent Office.

　　Chapter X SUPPLEMENTARY PROVISIONS

　　Rule 91. Any person may， after approval by the Patent Office， inspect or copy the files of the published or announced patent applications and the Patent Register. Any person may request the Patent Office to issue a copy of extracts from the Patent Register. The files of patent applications which have been withdrawn or deemed to have been withdrawn or which have been rejected， shall not be preserved after expiration of two years from the date on which they cease to be valid.

　　Where the patent right ceases or has been revoked， abandoned or invalidated， the files shall not be preserved after expiration of three years from the date on which the patent right ceases to be valid.

　　Rule 92. A

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