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Patent Law of the People's Republic of China

(Adopted at the Fourth Session of the Standing Committee of the Sixth National People's Congress on March 12, 1984 Adopted According to the Resolution of the 27th Meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1992 Concerning the Revision of the People's Republic of China Patent Law> The First Amendment According to the Second Amendment to the Decision on Amending the Patent Law of the People's Republic of China of the Seventeenth Meeting of the Standing Committee of the Ninth National People's Congress on August 25, 2000 According to the "2008 Decision on the Patent Law of the People's Republic of China" Third Session of the Sixth Session of the Standing Committee of the Eleventh National People's Congress on December 27, "Decision on Amending the Patent Law of the People's Republic of China"

table of Contents

Chapter I General Provisions

Chapter II Conditions of Grant of Patent Rights

Chapter III Patent Applications

Chapter IV Examination and Approval of Patent Applications

Chapter V Duration, Termination and Invalidation of Patent Rights

Chapter VI Compulsory License for Patent Implementation

Chapter VII Protection of Patent Rights

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in order to protect the lawful rights and interests of patentees, encourage inventions and inventions, promote the application of inventions and innovations, improve the ability to innovate, and promote the progress of science and technology and economic and social development.

Article 2 The term "invention" as used in this Law refers to inventions, utility models and designs.

Invention means a new technical solution to a product, a method or an improvement thereof.

The utility model refers to a new technical scheme suitable for the practical application of the shape, the structure or the combination of the products.

Design refers to the design of the product shape, pattern or combination of color and shape, the combination of patterns made of rich aesthetic and suitable for industrial applications of the new design.

Article 3 The patent administration department under the State Council shall be responsible for administering the patent work in the whole country; uniformly accepting and examining patent applications and granting patent rights according to law.

The departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in charge of the administration of patents shall be responsible for the administration of patents in their own administrative areas.

Article 4 Where the inventions and creations of a patent application involve the security of the state or the major interests need to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.

Article 5 Patent infringement shall not be granted for an invention that violates law, social morality or hinders public interests.

Granting or utilizing genetic resources in violation of laws and administrative regulations and relying on inventions and innovations completed by the genetic resources shall not grant patent rights.

Article 6 The invention and creation accomplished by performing the tasks of this unit or mainly by utilizing the material and technical conditions of the unit shall be the creation of service inventions. The right to apply for a patent for invention creation belongs to the unit; after the application is approved, the unit is the patentee.

Non-service invention creation, 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.

The use of the material and technical conditions of the unit to complete the invention and creation, the unit and the inventor or designer have a contract, the right to apply for a patent and attribution to make the agreement, from its agreement.

Article 7 A patent application shall be made to any inventor or designer for non-service inventions, and no unit or individual may suppress it.

Article 8 Inventions and inventions completed by the cooperation of more than two units or individuals shall be subject to the inventions and creations completed by one unit or individual commissioned by other units or individuals. Unless otherwise agreed, the right to apply for a patent shall belong to the units completed or jointly completed or Individual; After the application is approved, the application unit or individual is the patentee.

Article 9 The same invention and invention can only be granted a patent right. However, on the same day, the same applicant applies for both utility model patents and invention patents for the same invention and creation, the utility model patent obtained first has not expired, and the applicant may forfeit the invention patent if he or she declares that the utility model is to be abandoned.

Where two or more applicants respectively apply for a patent for the same invention or creation, the patent right is granted to the person applying first.

Article 10 Patent application right and patent right may be transferred.

Where a Chinese entity or individual transfers a patent application right or patent right to a foreigner, a foreign enterprise or any other foreign organization, the formalities shall be handled in accordance with the provisions of the relevant laws and administrative regulations.

Where a patent application right or patent right is transferred, the parties concerned shall conclude a written contract and register with the patent administration department under the State Council, and shall be announced by the patent administration department of the State Council. The transfer of a patent application right or patent shall take effect from the date of registration.

Article 11 After the patents for inventions and utility models are granted, unless otherwise provided in this Law, no entity or individual may, without the permission of the patentee, enforce its patent, that is, it shall not manufacture, use, Promise to sell, sell, import its patented product, or use its patented method and use, promise to sell, sell, import the product directly obtained under this patented method.

After the design patent right is granted, any unit or individual may not impose its patent without the permission of the patentee, that is, it shall not manufacture, promise to sell, sell or import the patented product of its design for the purpose of production and operation.

Article 12 Any unit or individual that implements the patent of another person shall conclude a licensing contract with the patentee and pay the patentee the royalties. Licensee has no right to allow any unit or individual other than the contract to implement the patent.

Article 13 After the application for an invention patent is published, the applicant may request the unit or individual that has implemented the invention to pay an appropriate fee.

Article 14 Where the invention patent of a state-owned enterprise or institution has great significance to the interests of the state or to the public interest, the relevant competent department of the State Council and the people's government of a province, autonomous region or municipality directly under the Central Government may, upon approval by the State Council, decide to popularize and apply it within the scope of its approval, Allow designated units to be implemented by the implementing agencies in accordance with the provisions of the state to pay royalties to the patentee.

Article 15 If a co-owner of a patent application right or a patent right has agreed on the exercise of his rights, the covenant shall stipulate. In the absence of any agreement, the co-owner may, either alone or under common license, permit the other person to enforce the patent; if the licensee is allowed to enforce the patent, the royalties collected shall be distributed among the co-owners.

Except as provided in the preceding paragraph, the exercise of the common patent application right or patent right shall obtain the consent of all the co-owners.

Article 16 The unit to which the patent right is granted shall be rewarded the inventor or designer of the invention of work creation. After the invention patent is implemented, the inventor or designer shall be given reasonable rewards according to the scope of its application and the economic benefits it has obtained The remuneration.

Article 17 The inventor or designer has the right to state in the patent document that he is the inventor or designer.

The patentee has the right to indicate the patented mark on the patented product or the package of the product.

Article 18 Where a foreigner, a foreign enterprise or any other foreign organization that does not have a habitual residence or place of business in China applies for a patent in China, in accordance with the agreement of the country to which it belongs or the international treaty to which it joins, or in accordance with the principle of reciprocity, This law for.

Article 19 Where a foreigner, a foreign enterprise or any other foreign organization that does not have a habitual residence or place of business in China applies for a patent and handles other patent matters in China, it shall entrust a patent agency established according to law to handle it.

Chinese units or individuals that apply for patents and handle other patent matters in the country may entrust a patent agency established according to law.

A patent agency shall abide by laws and administrative regulations and handle patent applications or other patent affairs in accordance with the entrustment of an entrusted party; and shall have the duty of confidentiality on the content invented and created by the attorney unless the patent application has been announced or announced. The specific administrative measures for patent agencies shall be formulated by the State Council.

Article 20 Any unit or individual that applies for an invention or utility model completed in China when applying for a patent to a foreign country shall first report it to the Patent Administration Department under the State Council for confidential examination. Procedures and deadlines for confidential examination shall be implemented in accordance with the provisions of the State Council.

China's units or individuals may file an international patent application in accordance with the relevant international treaties to which the People's Republic of China is a part. Where an applicant files an international application for a patent, he shall comply with the provisions of the preceding paragraph.

The patent administration department under the State Council shall handle the international application for patents in accordance with the relevant international treaties to which the People's Republic of China is a part, this Law and the relevant provisions of the State Council.

Anyone who applies for a patent for invention or utility model that violates the provisions of the first paragraph of this Article by applying for a patent in a foreign country shall not be granted a patent right.

The patent administration department of the State Council shall publish the patent information in a complete, accurate and timely manner and regularly publish the patent gazette.

Prior to the publication or announcement of a patent application, the personnel of the patent administration department of the State Council and the personnel involved shall be responsible for keeping the contents confidential.

Chapter II Conditions of Grant of Patent Rights

Article 22 Inventions and utility models that grant patent rights shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; nor is there any unit or individual applying for the same invention or utility model to the Patent Administration Department of the State Council before the filing date, and notifying the publication of the same invention or utility model after the date of filing Patent application documents or announcement of the patent documents.

Creativity means that the invention has prominent substantive features and significant advances compared with the prior art, and the utility model has substantial features and improvements.

Practicality means that the invention or utility model can be manufactured or used, and can produce a positive effect.

The existing technology referred to in this Law means the technology known to the public at home and abroad before the filing date.

Article 23 The design for the grant of a patent right shall not belong to the existing design; nor shall any unit or individual apply to the patent administration department under the State Council for the same design before the date of filing, and shall make an announcement after the date of filing In the patent document.

There should be a clear distinction between a patented design and a combination of existing designs or existing design features.

The design of the granted patent shall not conflict with the legal rights obtained by others before the filing date.

The existing design referred to in this Law means the design known to the public at home and abroad before the date of application.

Article 24 The invention patent application shall not lose its novelty in any of the following circumstances within six months prior to the date of filing:

(1) First exhibited at the international exhibition hosted or recognized by the Chinese government;

(2) It is first published in a prescribed academic conference or technical conference;

(3) others disclose their contents without the consent of the applicant.

Article 25 The following items are not granted patent rights:

(A) scientific discovery

(B) the rules and methods of intellectual activity;

(C) the diagnosis and treatment of diseases;

(D) Animal and plant varieties;

(E) materials obtained by the nuclear transformation method;

(F) The design of the primary marking of the print, color or combination of both.

For the methods of production of the products listed in item (D) of the preceding paragraph, the patent right may be granted in accordance with the provisions of this Law.

Chapter III Patent Applications

Article 26 When applying for a patent for an invention or utility model, the application, the specification, the abstract, the claim, and other documents shall be submitted.

The request 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 specification shall give a clear and complete description of the invention or utility model and shall be subject to the technical personnel in the technical field in the technical field; if necessary, the drawings shall be provided. Abstract The technical points of the invention or utility model should be briefly described.

The claims should be based on the description, clearly and briefly define the scope of the claimed patent.

Relying on inventions and innovations completed by genetic resources, the applicant should state in the patent application documents the direct and original source of the genetic resources; if the applicant can not explain the original source, the reasons should be stated.

Article 27 To apply for a design patent, a request, a picture or photograph of the design and a brief description of the design shall be submitted.

The picture or photo submitted by the applicant should clearly show the appearance of the product that is under patent protection.

Article 28 The date on which the patent administration department under the State Council receives the application for a patent shall be the date of filing. If the application is mailed, the postmarked date will be the filing date.

Article 29 Where, within six months from the date of the first filing of a patent application in a foreign country, the applicant shall, within six months from the date of the first filing of a patent application by a foreign country or from the day when the appearance design is filed within the first time of filing a patent application in a foreign country In China, where a patent application is filed on the same subject, priority may be given to it in accordance with the agreement signed by the foreign country with China or the international treaty to which it participates jointly or according to the principle of mutual recognition of priority.

The applicant may, from the date of the first filing of a patent application in China, declare a patent application to the patent administration department of the State Council within the first 12 months from the date of filing of the patent application and may enjoy the priority.

Article 30 Where an applicant claims priority, a written declaration shall be submitted at the time of application and a copy of the patent application file submitted for the first time shall be submitted within three months; no copy of the patent application document submitted without written statement or overdue As if no priority was claimed.

Article 31 An invention or utility model patent application shall be limited to an invention or utility model. Two or more inventions or utility models belonging to one general inventive concept may be proposed as one application.

A design patent application should be limited to a design. Two or more designs of two or more similar designs of the same product, or two or more designs of products of the same type and sold or used in sets, may be filed as one application.

Article 32 An applicant may withdraw his patent application at any time before it is granted a patent right.

Article 33 Applicants may amend their patent application documents. However, the modification of the application documents for invention and utility model patents shall not exceed the scope of the original description and claims, and the modification of the application documents for design patents shall not exceed The scope of the original picture or photo.

Chapter IV Examination and Approval of Patent Applications

Article 34 After the patent administration department under the State Council receives an application for invention patent and, upon preliminary examination, finds it meets the requirements of this Law, it shall announce it within 18 months from the date of filing the application. The patent administration under the State Council may announce its application as soon as the applicant requests it.

Article 35 Within three years from the filing date of the application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the applicant's request at any time; if the applicant fails to request a substantive examination overdue without proper reasons, the application shall be Be considered withdrawn.

When deemed necessary, the Patent Administration Department of the State Council may, at its sole discretion, conduct a substantive examination of the invention patent application.

Article 36 When an applicant for an invention patent requests a substantive examination, it shall submit reference materials related to its invention before the date of application.

Where the 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 time limit the information that the country is seeking to examine the application for the search or the result of the examination. If the application fails to be submitted within the specified time limit, Be considered withdrawn.

Article 37 After the patent administration department under the State Council conducts a substantive examination of an application for invention patent and finds that it does not comply with the provisions of this Law, the patent administration department of the State Council shall notify the applicant and require it to state its opinion within a prescribed time limit or amend its application; If the reason is not overdue, the application shall be deemed as withdrawal.

Article 38 Where an application for invention patent fails to comply with the provisions of this Law after the applicant has stated its opinion or made any modification, the patent administration department of the State Council shall still dismiss it.

Article 39 Where a patent application for invention has not been found to have been rejected due to its substantive examination, the patent administration department under the State Council shall make a decision on granting the invention patent, issue a patent for invention, and simultaneously register and announce. Invention patent right from the date of announcement effective.

Article 40 Where a patent application for utility model and design patent fails to find a reason for rejection after the preliminary examination, the patent administration department under the State Council shall make a decision of awarding the patent right of utility model or design patent right to the corresponding patent certificate and at the same time register announcement. Utility model patents and design patents shall take effect as of the date of the announcement.

Article 41 The Patent Administration Department of the State Council shall establish a Patent Reexamination Board. A patent applicant who refuses to accept the decision of the administrative department of patent under the State Council to reject the application may, within three months from the date of receipt of the notification, request the Patent Reexamination Board for review. After review, the Patent Reexamination Board decides and notifies the patent applicant.

If the patent applicant refuses to accept the review decision of the Patent Reexamination Board, it may institute legal proceedings in the people's court within three months from the date of receipt of the notice.

Chapter V Duration, Termination and Invalidation of Patent Rights

Article 42 The duration of an invention patent right is twenty years, and the duration of a utility model patent and design patent right is ten years, counting from the filing date.

Article 43 The patentee shall pay the annual fee from the year when it is granted the patent right.

Article 44 In any of the following circumstances, the patent right shall terminate before the expiration of the term:

(1) Failure to pay the annual fee according to the provisions;

(2) Where the patentee gives up his patent right by written declaration.

If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.

Article 45 Since the announcement of the grant of a patent right by the patent administration department under the State Council, any unit or individual that considers the grant of the patent right inconsistent with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.

Article 46 The Patent Reexamination Board shall promptly examine and make a decision on the request for invalidation of the patent right, and notify the claimant and the patentee. The decision of declaring the patent invalid shall be registered and announced by the patent administration department of the State Council.

If the Patent Reexamination Board is not satisfied with the decision of declaring the patent right invalid or maintaining the patent right, it may institute legal proceedings in the people's court within three months from the date of receipt of the notice. The people's court shall notify the counterparty of the invalidation claim procedure as a third party.

Article 47 A patent right declared invalid shall be regarded as not existing from the very beginning.

The decision of invalidation of the patent right, the judgment of the patent infringement made and executed by the people's court before the announcement of the invalidation of the patent right, the mediation letter, the decision on disposal of the patent infringement dispute that has been implemented or enforced and the contract for the licensing of the patent already implemented Patent transfer contract, does not have retrospective effect. However, due to the patentee's malicious damage caused to others, should be given compensation.

If it fails to return the patent infringement damages, the royalties, the transfer fee of patent rights and obviously violates the principle of fairness in accordance with the provisions of the preceding paragraph, it shall be fully or partially returned.

Chapter VI Compulsory License for Patent Implementation

Article 48 In any of the following circumstances, the patent administration under the State Council may grant a compulsory license for the exploitation of a patent for invention or utility model according to the application of the unit or individual that has the qualifications for implementation:

(1) The patentee has three years from the date of grant of the patent right and has expired four years from the date of filing the patent application, and has not implemented or failed to fully implement his patent without justifiable reasons;

(2) The patentee's exercise of the patent right is legally recognized as a monopoly, in order to eliminate or reduce the adverse impact of the act on the competition.

Article 49 The Patent Administration Department of the State Council may grant compulsory licensing of the invention patent or utility model patent in the event of a state emergency or extraordinary situation or for the public interest.

Article 50 For the purpose of public health, the patent administration department of the State Council may, for the purpose of obtaining a patent right, manufacture and export it to a country or region complying with the provisions of the relevant international treaties to which the People's Republic of China is a part.

Article 51 Where a patented invention or utility model has a significant economic advance that is significantly economic in comparison with an invention or utility model that has been patented before, and its implementation relies on the implementation of the preceding invention or utility model, Under the application of the latter patentee, the patent administration under the State Council may grant the compulsory license to implement the preceding invention or utility model.

Under the circumstances that a compulsory license is granted in accordance with the provisions of the preceding paragraph, the patent administration under the State Council may also grant compulsory license for the invention or utility model of the latter invention according to the application of the previous patentee.

Article 52 Where the inventions and inventions compulsorily complied with are for semiconductor technology, their implementation is limited to the public interest and the circumstances prescribed in Article 48 (2) of this Law.

Article 53 In addition to the compulsory licenses granted in accordance with the provisions of Article 48 (2) and Article 50 of this Law, the compulsory licensing shall mainly be implemented for the supply of the domestic market.

Article 54 Units or individuals that apply for compulsory licensing according to the provisions of Item (1) and Article 51 of Article 48 of this Law shall provide evidence that they request the patentee to grant patent for patent application on reasonable conditions , But failed to obtain permission within a reasonable time.

Article 55 The decision made by the patent administration department under the State Council to grant a compulsory license for exploitation shall be promptly notified to the patentee and shall be registered and announced.

The decision to impose a compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory licensing. When the reasons for compulsory licensing are eliminated and cease to occur, the patent administration department of the State Council shall make a decision to terminate the compulsory licensing upon examination by the patentee at the request of the patentee.

Article 56 A unit or individual that has obtained a compulsory license to implement compulsory licenses shall not enjoy the exclusive right of implementation and shall not be permitted to allow others to enforce it.

Article 57 The unit or individual that has obtained the compulsory license to implement shall pay the patentee a reasonable royalties or handle the royalties in accordance with the provisions of the relevant international treaties to which the People's Republic of China is a part. The amount paid shall be negotiated by both parties; if both parties can not reach an agreement, the patent administration department under the State Council shall make the ruling.

Article 58 Where the patentee refuses to accept the decision of the patent administration department under the State Council on the enforcement of the compulsory license, the patentee and the entity or individual that has obtained the compulsory license for enforcement shall not be satisfied with the ruling of the patent administration department under the State Council on the fee for the use of the compulsory license , They may institute legal proceedings in the people's court within three months from the date of receipt of the notice.

Chapter VII Protection of Patent Rights

Article 59 The scope of the patent right for an invention or utility model shall be subject to the contents of its claims and the description and drawings may be used to interpret the contents of the claims.

The scope of protection of a design patent shall be based on the design of the product represented in the picture or photograph, and the brief description may be used to explain the design of the product represented by the picture or the photograph.

Article 60 If a patent infringement has occurred without the permission of the patentee, that is, a patent infringement has been caused, a dispute shall be settled through negotiation between the parties; if it is unwilling to be negotiated or failed to be negotiated, the patentee or the interested party may sue the people's court , You can also request the management of patent work department. When handling the department of patent administration, if it is found that the infringement is established, it may order the infringer to immediately stop the infringement. If the party refuses to accept it, he may, within 15 days from the date of receipt of the notification of the handling, notify the people of the people according to the Administrative Procedure Law of the People's Republic of China If the infringement party fails to prosecute without terminating the infringement upon expiration of the infringement, the department that administers the patent work may apply to the people's court for enforcement. If the mediation fails, the party concerned may, in accordance with the Civil Procedural Law of the People's Republic of China, bring a suit before a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61 Where a patent infringement dispute involves the invention patent of a method for manufacturing a new product, the unit or individual that manufactures the same product shall provide a certificate that its manufacturing method differs from the patent method.

Where a patent infringement dispute involves a utility model patent or design patent, the people's court or the department that manages the patent may request the patentee or the interested party to issue a search, analysis and evaluation of the relevant utility model or design by the patent administration department of the State Council Made a patent evaluation report, as the trial, handling evidence of patent infringement disputes.

Article 62 In a dispute over patent infringement, if the accused infringer has evidence that the technology or design that it is implementing belongs to the existing technology or the existing design, it will not infringe the patent right.

Article 63 Apart from legally assuming civil liability, the department in charge of patent administration shall order it to make corrections and make an announcement, confiscate the illegal gains, and may impose a fine of less than four times of the illegal gains together with any fine; if there is no illegal gains, A fine of less than 200,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 64 When conducting the investigation and handling of a suspected counterfeit patent based on the evidence already obtained, the department that administers the patent work may inquire the relevant parties to investigate the situation related to the suspected illegal act; conduct an on-the-spot inspection on the place where the parties suspected of illegal acts; Inspect and copy the contracts, invoices, books and other relevant materials related to the suspected illegal activities; inspect the products related to the suspected illegal activities and may seize or seize the products that are proved to be counterfeit patents.

When the department in charge of patent administration exercises the functions and powers prescribed in the preceding paragraph in accordance with the law, the parties concerned shall assist and cooperate with them and shall not refuse or obstruct them.

Article 65 The amount of compensation for infringement of a patent right is determined in accordance with the actual loss suffered by the obligee as a result of being infringed. If the actual losses are difficult to determine, the amount of compensation may be determined according to the interests obtained by the infringer due to the infringement. Where the loss of the obligee or the gain obtained by the infringer is difficult to determine, it may be reasonably determined by reference to the multiple of the permissible royalties of the patent. The amount of compensation should also include the reasonable expenses paid by the obligees to stop the infringement.

The loss of the obligee, the benefits obtained by the infringer, and the royalty of the patent are difficult to be determined, the people's court may, according to the type of the patent right, the nature of the infringement and the circumstances of the plot, determine that the amount of the license fee of not less than 10,000 yuan but not more than 1 million yuan Compensation.

Article 66 Where the patentee or the interested party has evidence that another person is carrying out or about to commit an infringement of the patent right, failure to stop it in a timely manner will cause irreparable damage to its lawful rights and interests and may, before the prosecution, The court applied for a measure of order to stop the act.

When applying for an application, the applicant shall provide a guarantee; if no guarantee is given, the application shall be rejected.

The people's court shall make a ruling within 48 hours from the moment of accepting the application; for any special circumstances requiring extension, it may be extended for 48 hours. If the adjudication is ordered to stop the relevant act, it shall be implemented immediately. If the parties are dissatisfied with the ruling, they may apply for reconsideration once and shall not stop the ruling during the review.

If the applicant does not prosecute within 15 days after the people's court takes the order to stop the relevant act, the people's court shall release the measure.

If the application is in error, the applicant shall compensate the respondent for any losses suffered as a result of the cessation of the relevant act.

Article 67 In order to stop a patent infringement, the patentee or the interested party may, before the prosecution, apply to the people's court for the preservation of evidence in case the evidence may be lost or later difficult to obtain.

Where the people's court adopts the preservation measure, 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 the preservation measures, it shall execute it immediately.

If the applicant does not prosecute within 15 days after the people's court takes the preservation measure, the people's court shall release the measure.

Article 68 The limitation of action for infringement on a patent right shall be two years, counted from the day when the patentee or the interested party knows or ought to know the infringing act.

After the invention patent application is announced and before the patent right is granted, if the patent owner has not paid the proper use fee, the limitation period for the patent owner's claim for royalties shall be two years. Since the patentee learned or should have learned of the use of the invention by others However, if the patentee knows or should have known before the date of grant of the patent right, it shall be counted from the date of grant of the patent right.

Article 69 Any one of the following circumstances shall not be regarded as infringement of patent rights:

(1) The patented product or the product directly obtained according to the patented method is used, promised to be sold, sold or imported by the patentee or the unit or individual licensed by the patentee after its sale;

(2) Before the patent application date, the same product has been manufactured, the same method has been used or the necessary preparations have been made, and only the original product has been manufactured and used within its original scope;

(3) In the case of foreign means of transport temporarily through China's territorial waters, territorial waters and airspace, in accordance with the agreements signed by its own country with China or by international treaties jointly acceded to or in accordance with the principle of reciprocity, for its own needs and in its installations and equipment In the use of the patent;

(4) To use the patent exclusively for scientific research and experiment;

(5) To manufacture, use, import patented drugs or patented medical devices and to manufacture, import patented drugs or patented medical devices exclusively for the purpose of providing the necessary information for administrative examination and approval.

Article 70 Anyone who, for the purpose of production and business operation, promises to sell or sell a patent infringing product that is not manufactured and sold without the permission of the patentee, can not be liable for compensation if it can prove that the product is a legal source.

Article 71 Anyone who, in violation of the provisions of Article 20 of this Law, applies for a patent to a foreign country to disclose state secrets shall be subject to administrative sanctions by the unit to which he belongs or the competent authority at a higher level. If a crime is constituted, criminal liability shall be investigated according to law.

Article 72 Anyone who invades the non-service invention-creation patent application right of the inventor or the designer and other rights and interests stipulated in this Law shall be subject to administrative sanctions by the unit to which he belongs or the superior competent authority.

Article 73 The department that manages the work of patents shall not participate in the business activities of recommending patented products to the society.

Where any department that administers the patent work violates the provisions of the preceding paragraph, it shall be ordered by its superior authority or the supervisory organ to correct it and to eliminate its influence and be liable for any forfeiture of unlawful revenue. Where the circumstances are serious, the directly responsible supervisor and other directly responsible personnel shall be given administrative sanctions .

Article 74 If a staff member of a State organ engaged in patent administration and other staff of a state organ neglects his duties, abuses his power or practices favoritism for personal gain, he shall be prosecuted for criminal responsibility according to law; if he does not constitute a crime, he shall be given administrative sanctions.

Chapter VIII Supplementary Provisions

Article 75 To apply for a patent and handle other formalities with the patent administration department under the State Council, it shall pay fees in accordance with the provisions.

Article 76 This Law shall come into force on April 1, 1985.