What is the full text of the latest Patent law
Chapter 1 General Provisions p>
Article 1: In order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development, Enact this law.
Article 2 The inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.
Article 3 The Patent Administration Department of the State Council is responsible for managing patent work nationwide; it uniformly accepts and examines patent applications and grants patent rights in accordance with the law.
The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.
Article 4 If the invention or creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations.
Article 5 No patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests.
No patent rights will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.
Article 6 Inventions and creations that are completed in the performance of the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.
For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
For inventions and creations completed using the unit's material and technical conditions, the unit has a contract with the inventor or designer, and the right to apply for a patent and the patent rights If there is an agreement on ownership, the agreement shall prevail.
Article 7 No unit or individual may suppress an inventor or designer's non-service invention-creation patent application.
Article 8 Inventions and creations completed by cooperation between two or more units or individuals, or inventions and creations completed by one unit or individual accepting the entrustment of other units or individuals, except as otherwise Unless there is an agreement, the right to apply for a patent belongs to the unit or individual who completed or jointly completed it; after the application is approved, the unit or individual who applied is the patentee.
Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.
Article 10 The right to apply for a patent and the patent right may be transferred.
When a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
Article 11 After the patent right for an invention or utility model is granted, except as otherwise provided for in this Law, any unit or individualWithout the permission of the patentee, no one is allowed to exploit his patent, that is, he is not allowed to manufacture, use, offer for sale, sell, or import his patented products for production and business purposes, or use his patented methods, or use, offer for sale, sell, or import products in accordance with the patent. Products obtained directly from the method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products.
Article 12 Any unit or individual that exploits another person's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
Article 13 After the invention patent application is published, the applicant may require the unit or individual who implemented the invention to pay appropriate fees.
Article 14 If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and provinces, autonomous regions, and municipalities directly under the Central Government shall Upon approval by the State Council, the People's Government may decide to promote the application within the approved scope and allow designated units to implement it, and the implementing unit shall pay royalties to the patentee in accordance with national regulations.
Article 15 If the co-owners of the patent application right or the patent right have an agreement on the exercise of the right, the agreement shall prevail. If there is no agreement, the co-owners can exploit the patent alone or license others to exploit the patent in the form of a general license; if others are permitted to exploit the patent, the royalties collected shall be distributed among the co-owners.
Except for the circumstances specified in the preceding paragraph, the exercise of a jointly owned patent application right or patent right shall require the consent of all co-owners.
Article 16 The unit that is granted the patent right shall reward the inventor or designer of the service invention-creation; after the invention-creation patent is implemented, according to its promotion Based on the scope of application and the economic benefits achieved, reasonable remuneration will be given to the inventor or designer.
Article 17 The inventor or designer has the right to indicate that he or she is the inventor or designer in the patent document.
The patentee has the right to display the patent logo on its patented product or the packaging of the product.
Article 18 If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, he or she shall apply for a patent in accordance with the agreement signed by the country to which he belongs and China or the international treaty to which both parties are a party. Or in accordance with the principle of reciprocity, handle it in accordance with this Law.
Article 19 Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China When applying for patents and handling other patent matters in China, a patent agency established in accordance with the law should be entrusted to handle them.
Chinese entities or individuals applying for patents and handling other patent matters domestically should If required, a patent agency established in accordance with the law may be entrusted to handle the matter.
Patent agencies shall abide by laws and administrative regulations and handle patent applications or other matters as entrusted by the principal. Patent affairs; the agent shall be responsible for keeping confidential the contents of the agent's inventions and creations, except those where the patent application has been published or announced. The specific management measures for patent agencies shall be stipulated by the State Council.
Article 20 If any unit or individual applies for a patent in a foreign country for an invention or utility model completed in China, it must report to the patent administration department of the State Council in advance for confidentiality review. The procedures and time limits for confidentiality review shall be in accordance with the provisions of the State Council. Regulations are implemented.
Chinese entities or individuals may file international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party. Applicants who file international applications for patents shall comply with the preceding
The Patent Administration Department of the State Council handles international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party, this Law and relevant provisions of the State Council.
For inventions or utility models that violate the provisions of paragraph 1 of this article and apply for patents in foreign countries, if a patent is applied for in China, the patent right will not be granted.Article 21 The Patent Administration Department of the State Council and its Patent Reexamination Committee shall handle patent-related applications and requests in accordance with the law in accordance with the requirements of objectivity, fairness, accuracy and timeliness.
The patent administration department of the State Council shall publish patent information completely, accurately and timely, and publish patent bulletins regularly.
After the patent application is announced or Before the announcement, the staff and relevant personnel of the Patent Administration Department of the State Council reviewed the contents.Have a duty of confidentiality.
Chapter 2 Conditions for Grant of Patent Rights
Article 22 Grant of Patent Rights Inventions and utility models must be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the existing technology; there is no prior patent application by any unit or individual for the same invention or utility model before the filing date. An application has been filed with the patent administration department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. .
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The prior art referred to in this Law refers to the technology that was known to the public at home and abroad before the filing date.
An application has been filed with the Patent Administration Department of the State Council before and recorded in the patent documents published after the application date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
Existing designs as mentioned in this Law refer to designs that are known to the public at home and abroad before the date of application.
Article 24 If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:
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(1) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;
(2) Published for the first time at a prescribed academic conference or technical conference;
(3) Others disclose the content without the applicant's consent.
Article 25 No patent will be granted for the following items Quan:
(1) Scientific discovery;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animals and plant species;
(5) Substances obtained by nuclear transformation;
( 6) Designs made on the patterns, colors, or combination of the two of flat printed materials that mainly serve as a mark.
For those listed in item (4) of the preceding paragraph Patent rights may be granted for production methods of products in accordance with the provisions of this Law.
Chapter 3 Application for a patent
Article 26 When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.
The request letter shall state the name of the invention or utility model, the name of the inventor, the name or address of the applicant, and other matters.
The description should provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, there should be accompanying drawings. The abstract should be brief Describe the technical key points of the invention or utility model.The claims should be based on the description and clearly and briefly limit the scope of patent protection required.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, he shall state Reasons.
Article 27 Anyone who applies for a design patent shallWhen submitting a request, pictures or photos of the design, and a brief description of the design, etc.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.
Article 28 The date when the patent administration department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application.
Article 29 Within twelve months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or from the date of appearance design If a patent application is filed in China on the same subject matter within six months of the first filing of a patent application in a foreign country, the agreement shall be based on the agreement signed between the foreign country and China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. , can enjoy priority.
The applicant shall, within twelve months from the date of first filing a patent application for the invention or utility model in China, submit another application for the same subject matter to the Patent Administration Department of the State Council. Those who file a patent application can enjoy priority.
Article 30 If the applicant claims priority, he shall submit a written statement at the time of application and submit the first proposed patent within three months. Copies of application documents; if a written statement is not made or copies of patent application documents are not submitted within the time limit, priority will be deemed not to be claimed.
Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application.
A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.
Article 32 The applicant may withdraw his patent application at any time before the patent right is granted.
Article 33 Applicants may modify their patent application documents, but the modifications to invention and utility model patent application documents shall not exceed the original description and Within the scope recorded in the claims, modifications to the design patent application documents shall not exceed the scope represented by the original pictures or photographs.
Chapter 4 Review and Approval of Patent Applications
Article 34 After receiving the invention patent application, the patent administration department of the State Council shall, after preliminary If the review is deemed to meet the requirements of this Law, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as soon as possible upon the request of the applicant.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, The application is deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of the invention patent application on its own.
Article 36 When requesting substantive examination, the applicant for an invention patent shall submit reference materials related to his invention before the filing date.
If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified period of time the information retrieved by that country for the purpose of examining the application or the information on the examination results; if the application is overdue without justifiable reasons, If submitted, the application shall be deemed to be withdrawn.
Article 37: After conducting a substantive examination of the invention patent application, the patent administration department of the State Council deems that it does not comply with this provision. If the application is stipulated by law, the applicant shall be notified and required to state its opinions within a specified time limit or make modifications to its application; if it fails to respond within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 38 If the patent administration department under the State Council still considers that the application for an invention patent does not comply with the provisions of this Law after the applicant has stated its opinions or made modifications, it shall be rejected.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register it at the same time. and announcement. Invention patent rights take effect from the date of announcement.
Article 40 If no reason for rejection is found after preliminary examination of utility model and design patent applications, The patent administration department of the State Council shall make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights shall beEffective from the date of announcement.
Article 41 The patent administration department of the State Council shall establish a patent reexamination committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
Chapter 5 Term, Termination and Invalidity of Patent Rights
Article 42 The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 If any of the following circumstances occurs, the patent right shall be terminated before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before expiration, it shall be registered and announced by the Patent Administration Department of the State Council.
Article 45 From the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual believes that the grant of the patent right does not comply with the provisions of this Law. If specified, the Patent Reexamination Board may be requested to declare the patent right invalid.
Article 46 The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.
Article 47: A patent right declared invalid shall be deemed to have ceased to exist from the beginning.
The decision to declare a patent right invalid shall have no effect on the declaration of the patent right. However, the patent infringement judgments and mediation documents made and executed by the People's Court before the invalidation of the rights, the patent infringement dispute settlement decisions that have been performed or enforced, and the patent implementation license contracts and patent rights transfer contracts that have been performed have no retroactive effect. Any losses caused to others due to the bad faith of the patentee shall be compensated.
In accordance with the provisions of the preceding paragraph, no compensation for patent infringement, patent royalties, or patent rights shall be refunded. If the transfer fee obviously violates the principle of fairness, it shall be refunded in whole or in part.
Chapter 6 Compulsory License for Patent Exploitation
Article 48 Under any of the following circumstances, the patent administration department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation:
(1) The patentee has failed to implement the patent without justifiable reasons for three years from the date the patent right was granted, and four years from the date the patent application was filed, or Failure to fully implement its patent;
(2) The behavior of the patentee exercising the patent right is deemed to be a monopoly behavior in accordance with the law, in order to eliminate or reduce the impact of this behavior on competition The adverse effects produced.
Article 49: In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department of the State Council may Grant a compulsory license to exploit an invention patent or utility model patent.
Article 50: For public health purposes, the patent administration department of the State Council may Grant a compulsory license to manufacture and export to countries or regions that comply with the provisions of relevant international treaties to which the People's Republic of China is a party.
Article 51-1 Obtain If a patented invention or utility model is a major technological advance of significant economic significance compared with a previously patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model, the Patent Administration Department of the State Council shall, on the basis of the latter patent, Upon the application of the right holder, a compulsory license for the implementation of the previous invention or utility model may be granted.
In the case where a compulsory license for implementation is granted in accordance with the provisions of the preceding paragraphUnder the circumstances, the Patent Administration Department of the State Council may also grant a compulsory license to implement the subsequent invention or utility model based on the application of the previous patentee.
If the invention and creation involved in the compulsory license under Article 52 is semiconductor technology, its implementation shall be limited to the purpose of public interest and Article 48 (() of this Law) The circumstances specified in item 2).
Article 53 In addition to the compulsory license granted in accordance with Article 48 (2) and Article 50 of this Law, compulsory license should be implemented primarily to supply the domestic market.
Article 54 An entity or individual applying for a compulsory license in accordance with Article 48 (1) and Article 51 of this Law shall Provide evidence to prove that it requested the patentee's permission to exploit the patent on reasonable terms, but failed to obtain the permission within a reasonable time.
Article 55 When the patent administration department of the State Council makes a decision to grant a compulsory license, the patentee shall be notified in a timely manner, and shall be registered and announced.
The decision to grant a compulsory license shall specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory licensing are eliminated and no longer occur, the patent administration department of the State Council shall make a decision to terminate the compulsory license based on the request of the patentee and after review.
Article 56 A unit or individual that has obtained a compulsory license for implementation does not enjoy the exclusive right to implement it and has no right to allow others to implement it.
Article 57 The unit or individual that obtains the compulsory license shall pay the patentee a reasonable royalty, or in accordance with the relevant international The provisions of the treaty deal with the issue of royalties. If royalties are paid, the amount shall be negotiated by both parties; if the two parties cannot reach an agreement, the patent administration department of the State Council shall make a ruling.
Article 58 If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, the patentee and the unit that obtained the compulsory license shall either If an individual is dissatisfied with the ruling of the Patent Administration Department of the State Council on the royalties for implementing compulsory licenses, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
Chapter 7 Protection of Patent Rights
Article 59 Inventions or Utility Models Scope of protection of patent rightsThe content of the claims shall prevail, and the description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
Article 60: Implementing the patent without the permission of the patent owner will infringe the patent right and cause disputes, which shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate Or if negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or request the patent administration department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administrative department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61: If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual that manufactures the same product shall provide that its product manufacturing method is different from Proof of patented method.
If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department managing patent affairs may require the patentee or interested party to issue a certificate issued by the State Council. The patent right evaluation report produced by the patent administration department after retrieval, analysis and evaluation of relevant utility models or designs shall be used as evidence in the trial and handling of patent infringement disputes.
Article 62: In patent infringement disputes, the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design. , does not constitute patent infringement.
Article 63 Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the department in charge of patent affairs to make corrections and make an announcement, and the illegal gains may be confiscated. A fine of not more than four times of the illegal income shall also be imposed; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 64: When the patent management department investigates and punishes suspected patent counterfeiting based on the evidence that has been obtained,, can question the relevant parties and investigate the situation related to the suspected illegal acts; conduct on-site inspections of the places where the parties are suspected of illegal acts; review and copy contracts, invoices, account books and other relevant materials related to the suspected illegal acts; inspect the suspected illegal acts Relevant products can be sealed or detained if there is evidence that they are counterfeit patented products.
When the patent management department exercises its powers specified in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.
Article 65 The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the infringement The benefits obtained by the person due to the infringement are determined. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may decide based on the type of patent right and the nature of the infringement. and circumstances and other factors, it is determined that a compensation of not less than 10,000 yuan but not more than 1 million yuan will be given.
Article 66 The patentee or interested party has evidence proving that others are committing or about to commit acts that infringe the patent rights. If their legitimate rights and interests are irreparably damaged, they may apply to the People's Court for measures to order the cessation of the relevant behavior before filing a lawsuit.
When applying, the applicant shall provide a guarantee; if no guarantee is provided, the application shall be rejected.
The People's Court shall make a ruling within 48 hours from the time of accepting the application; if there are special circumstances that require an extension, it may be extended for 48 hours. If a ruling orders the cessation of relevant conduct, it shall be implemented immediately. If the parties are dissatisfied with the ruling, they may apply for reconsideration once; the execution of the ruling will not be suspended during the review period.
If the applicant does not file a lawsuit within fifteen days from the date when the People's Court takes measures ordering the cessation of the relevant conduct, the People's Court shall terminate the measures.
If there is an error in the application, the applicant shall compensate the respondent for the losses caused by stopping the relevant behavior.
Article 67: In order to prevent patent infringement, when the evidence may be lost or difficult to obtain in the future,Under the law, the patentee or interested party may apply to the People's Court for evidence preservation before filing a lawsuit.
When the people's court takes preservation measures, it may order the applicant to provide a guarantee; if the applicant fails to provide a guarantee, the application shall be rejected.
The people's court shall make a ruling within 48 hours from the time of accepting the application; if it decides to take preservation measures, it shall be implemented immediately.
If the applicant does not file a lawsuit within fifteen days from the date when the people's court takes preservation measures, the people's court shall terminate the measures.
Article 68 The statute of limitations for infringement of patent rights is two years, starting from the date when the patentee or interested party learns or should learn of the infringement. Starting from calculation.
If appropriate royalties are not paid for using the invention between the publication of the invention patent application and the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties is two years. , shall be calculated from the date when the patentee knows or should know that others are using the invention. However, if the patentee has known or should have known before the date of grant of patent right, it shall be calculated from the date of grant of patent right.
Article 69 If any of the following circumstances occurs, it will not be regarded as infringement of patent rights:
(1) Patented products or products directly obtained according to patented methods are used, promised to sell, sold or imported after being sold by the patentee or an entity or individual licensed by the patentee;
(2) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use will only continue within the original scope;(3) Foreign transportation vehicles that temporarily pass through China’s territorial land, territorial waters, and airspace shall be carried out in accordance with the agreement signed by the country to which they belong and China or the international treaty to which they are both parties. , or in accordance with the principle of reciprocity, use relevant patents in the devices and equipment of the transportation vehicle for its own needs;
(4) Exclusively for scientific research and experiments Using relevant patents;
(5) To provide information required for administrative review and approval, manufacturing, using, and importing patented drugs or patented medical devices, and specifically for It manufactures or imports patented drugs or patented medical devices.
Article 70: To use, offer for sale, or sell for production and business purposes a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee, it must be proven that the product If it comes from legal sources, we will not be liable for compensation.
Article 71 Anyone who applies for a patent in a foreign country in violation of the provisions of Article 20 of this Law and leaks state secrets shall be subject to administrative sanctions by his or her unit or the superior authority. ;Constitute a crime, be held criminally responsible.
Article 72 Whoever infringes upon the inventor or designer's right to apply for a patent for non-service inventions and creations and other rights and interests stipulated in this law shall be prosecuted by the unit or superior. The competent authority shall impose administrative sanctions.
Article 73: Departments managing patent work shall not participate in business activities such as recommending patented products to the public.
If a department managing patent work violates the provisions of the preceding paragraph, its superior authority or supervisory authority shall order it to make corrections and eliminate the impact, and any illegal income shall be confiscated; if the case is serious, If necessary, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law.
Article 74: Staff members of state agencies engaged in patent management and staff of other relevant state agencies neglect their duties, abuse their powers, engage in malpractice for personal gain, and constitute a crime , criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.
Chapter 8 Supplementary Provisions
Article 75 Application for patents to the Patent Administration Department of the State Council and other procedures, fees must be paid in accordance with regulations.
Article 76 This Law shall come into effect on April 1, 1985.
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