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

e People's Republic of China.

　　Article 62 The period of limitation for filing a suit concerning the infringement of a patent right shall be two year, counted from the day on which patentee or the interested parties became aware or should have become aware of the act of infringement .

　　Where no appropriate fee for exploitation of the invention, subject of an application for patent for invention, during the period from the publication of the application for the patent to the grant of patent right to the said invention is paid, 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 obta

ined 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 t he 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 the 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 Chins 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 or that it was directly obtained by a patented process, 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 Anyone who, in violation of the provisions of Article 20 of this Law, files in a foreign country an application for a patent which divulges State secrets shall be given administrative sanction by the unit to which he belongs or by the competent department at a higher level. If the case constitutes a crime, he shall be investigated for criminal liability in accordance with law.

　　Article 65 Anyone who usurps the right of an inventor or designer to apply for a patent for a non-job-related invention-creation or usurps the other rights or interests of an inventor or designer prescribed in this Law shall be given administrative sanction by the unit to which be belongs or by the competent department at a 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 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 investigated 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 Ⅷ

　　Supplementary Provisions

　　Article 68 Rules for the implementation of this Law shall be formulated by the patent administration department under the State Council and submitted to the State Council for approval before they are put into effect.

　　Article 69

This Law shall go into effect on April 1, 1985

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