全国人民代表大会常务委员会关于修改《中华人民共和国专利法》的决定 附：第二次修正本 Decision of the Standing Committee of the National Peoples

(Adopted at the 17th Meeting of the Standing Committee of the Ninth National People's Congress on August 25, 2000)
颁布日期：20000825 　实施日期：20010701 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China No. 36

　　The Decision of the Standing Committee of the National People's Congress on Revision of the Patent Law of the People's Republic of China, adopted at the 17th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 25, 2000, is hereby promulgated and shall go into effect as of July 1, 2001.

　　Jiang Zemin

　　President of the People's Republic of China August 25, 2000

　　At its 17th Meeting, the Standing Committee of the Ninth National People's Congress decides to revise the Patent Law of the People's Republic of China as follows:

　　1. Article 1 is revised as follow: "This Law is enacted in order to protect patent rights for inventions-creations, encourage invention-creation, to facilitate the wide application of inventions-creations, promote the progress and innovation of science and technology, and meet the needs of the socialist modernization drive."

　　2. Article 3 is revised as follows: "The patent administration department under the State Council is responsible for the patent work throughout the country. It accepts 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."

　　3. Article 6 is revised as follows: "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 intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.

　　"For a non-service invention-creation, the right 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."

　　4. Article 8 is revised as follows: "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 applies for it shall be the patentee."

　　5. The second paragraph of Article 10 is deleted, the third paragraph is changed to be the second paragraph; the fourth paragraph is changed to be the third paragraph and revised as follows: "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."

　　6. Article 11 is revised as follows: "After the grant of the patent right for an invention or utility model, except where otherwise provided for in this Law, no entity or individ

ual 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."

　　7. Article 14 is revised as follows: "Where any patent for invention, which belongs to any State-owned enterprise or institution, is of great significance to the interests of the State or the public, 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 widely 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 and entity under collective ownership, which is of great significance to the interests of the State or the public and needs to be widely applied, may be treated alike by making reference to the provisions of the preceding paragraph."

　　8. Article 16 is revised as follows: "The entity that is granted a patent right shall reward to the inventor or creator of a service invention-creation and , upon exploitation of the patented invention-creation, shall give the inventor or creator a reasonable remuneration based on the extent the invention-creation is applied and the economic benefits it yields."

　　9. The first paragraph of Article 19 is revised as follows: "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 administration department under the State Council to act as his or its agent."

　　A new paragraph is added as the third paragraph, which reads as follows: "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' invention-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."

　　10. Article 20 is revised as follows: "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."

　　11. Article 21 is revised as follows: "The paten

t administration department under the State Council and the Patent Reexamination Board under the department 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 deep its content secret."

　　12. Article 23 is revised as follows: "No design for which patent right is to be granted may 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, or be in conflict with any prior legal rights of any other person."

　　13. The second paragraph of Article 36 is revised as follows: "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 applicant 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 the 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."

　　14. Article 39 is revised as follows: "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 annou

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