Chapter I General Provisions
Article 1 this law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging invention and creation, promoting the application of invention and creation, improving innovation ability, and promoting scientific and technological progress and economic and social development.
Article 2 "invention creation" as mentioned in this Law refers to invention, utility model and design.
Invention refers to a new technical solution for a product, a method or an improvement thereof.
Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of products.
Appearance design refers to the new design of product shape, pattern or their combination, as well as the combination of color and shape, pattern, which is full of aesthetic feeling and suitable for industrial application.
Article 3 the administrative department for patent under the State Council shall be responsible for the administration of patent work throughout the country, uniformly accept and examine patent applications, and grant patent rights according to law.
The administrative departments for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the administration of patents within their respective administrative areas.
Article 4 Where an invention creation for which a patent is applied involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.
Article 5 No patent right shall be granted for an invention creation that violates the law, social morality or impairs public interests.
No patent right shall be granted to an invention or creation that is obtained or utilized in violation of laws or administrative regulations and relies on the genetic resources.
Article 6 an invention creation accomplished by performing the tasks of the entity or mainly by taking advantage of the material and technical conditions of the entity is a service invention creation. The right to apply for a patent for a service invention creation belongs to the entity; after the application is approved, the entity shall be the patentee.
For a non service invention creation, the right to apply for a patent belongs to the inventor or creator; after the application is approved, the inventor or creator shall be the patentee.
Where an entity has entered into a contract with the inventor or creator concerning the right to apply for a patent and the ownership of the patent right in respect of an invention creation made by taking advantage of the entity's material and technical conditions, such agreement shall prevail.
Article 7 No unit or individual may suppress an inventor or creator's application for a patent for a non service invention creation.
Article 8 for an invention creation jointly completed by two or more units or individuals, or completed by one unit or individual entrusted by another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual that completed or jointly completed the invention creation; after the application is approved, the unit or individual applying for the patent shall be the patentee.
Article 9 only one patent right can be granted for the same invention creation. However, if the same applicant applies for both a patent for utility model and a patent for invention for the same invention creation on the same day, and the patent right for utility model obtained first has not been terminated, and the applicant declares to give up the patent right for utility model, the patent right for invention may be granted.
Where two or more applicants apply for a patent for the same invention creation respectively, the patent right shall be granted to the person who first applied for the patent.
Article 10 the right to apply for a patent and the patent right may be transferred.
Where a Chinese entity or individual transfers the right of patent application or patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the administrative department for patent under the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.
Article 11 After the grant of a patent right for invention or utility model, except as otherwise provided for in this law, no entity or individual shall, without the permission of the patentee, exploit its patent, that is, it shall not manufacture, use, offer to sell, sell or import its patented products, or use its patented method, or use, offer to sell, sell or import its patented method in accordance with the patent method for the purpose of production or business operation Then we get the product.
After the grant of the patent right for design, no entity or individual may exploit the patent without the permission of the patentee, that is, no entity or individual may manufacture, offer to sell, sell or import the patented product for the purpose of production or business operation.
Article 12 Any entity or individual exploiting another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee a royalty. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.
Article 13 after the publication of an application for a patent for invention, the applicant may require the entity or individual that exploits the invention to pay an appropriate fee.
Article 14 Where a patent for invention of a state-owned enterprise or institution is of great significance to the interests of the state or 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 of the State Council, decide to popularize and apply it within the approved scope and allow the designated entity to exploit it, and the exploiting entity shall pay the patentee a royalty in accordance with the provisions of the state.
Article 15 Where the right to apply for a patent or the co owners of the patent right have an agreement on the exercise of the right, such agreement shall prevail. In the absence of such an agreement, the co owners may exploit the patent alone or license others to exploit the patent by ordinary license; in the case of licensing others to exploit the patent, the royalties collected shall be distributed among the co owners.
Except for the circumstances mentioned in the preceding paragraph, the exercise of a joint patent application right or patent right shall obtain the consent of all the co owners.
Article 16 the entity to which a patent right has been granted shall reward the inventor or creator of a service invention creation; after the exploitation of a patent for invention creation, reasonable remuneration shall be given to the inventor or creator according to the scope of its popularization and application and the economic benefits obtained.
Article 17 the inventor or creator shall have the right to indicate in the patent document that he is the inventor or creator.
The patentee shall have the right to mark the patent mark on the patented product or its package.
Article 18 Where a foreigner, foreign enterprise or other foreign organization who has no habitual residence or business office in China applies for a patent in China, it shall be dealt with in accordance with this Law in accordance with the agreement signed between the country to which it belongs and China or the international treaty to which it is a party, or in accordance with the principle of reciprocity.
Article 19 Where a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent or handles other patent affairs in China, it shall entrust a patent agency established according to law to handle the application.
Where a Chinese entity or individual applies for a patent or handles other patent affairs in China, it may entrust a patent agency established in accordance with the law to do so.
The patent agency shall abide by the laws and administrative regulations and handle the patent application or other patent affairs as entrusted by the principal; it shall be responsible for keeping the contents of the invention and creation of the principal confidential, except for those whose patent application has been published or announced. The specific administrative measures for patent agencies shall be formulated by the State Council.
Article 20 Any entity or individual that applies to a foreign country for a patent for an invention or utility model completed in China shall, in advance, report to the administrative department for patent under the State Council for confidentiality examination. The procedure and time limit of confidentiality examination shall be in accordance with the provisions of the State Council.
Chinese entities or individuals may file international patent applications in accordance with the relevant international treaties to which the people's Republic of China is a party. Where an applicant files an international application for a patent, he shall abide by the provisions of the preceding paragraph.
The administrative department for patent under the State Council shall handle international patent applications in accordance with the relevant international treaties to which the people's Republic of China is a party, this Law and the relevant provisions of the State Council.
No patent right shall be granted to an invention or utility model which, in violation of the provisions of the first paragraph of this article, applies to a foreign country for a patent in China.
Article 21 the administrative department for patent under the State Council and its Patent Reexamination Board shall, in accordance with the requirements of objectivity, impartiality, accuracy and timeliness, handle applications and requests for Patents according to law.
The administrative department for patent under the State Council shall publish patent information in a complete, accurate and timely manner and publish patent bulletins on a regular basis.
Before the publication or announcement of a patent application, the staff members and relevant personnel of the patent administration department under the State Council shall be responsible for the confidentiality of its contents.
Chapter II Conditions for granting patent right
Article 22 An invention or utility model for which a patent right is granted shall possess novelty, creativity and practicability.
Novelty means that the invention or utility model does not belong to the prior art, and no unit or individual has applied to the administrative department for patent under the State Council for the same invention or utility model before the date of application, which is recorded in the patent application documents or patent documents announced after the date of application.
Creativity means that the invention has prominent substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress.
Practicability means that the invention or utility model can be manufactured or used, and can produce positive effects.
The term "prior art" as used in this Law refers to the technology known to the public at home and abroad before the date of application.
Article 23 the design for which the patent right is granted shall not belong to the existing design, and no entity or individual has filed an application for the same design with the administrative department for patent under the State Council before the date of application, which shall be recorded in the patent documents announced after the date of application.
The design for which the patent right is granted shall be obviously different from the existing design or the combination of features of the existing design.
The design for which the patent right is granted shall not conflict with the legal rights already obtained by others before the date of application.
The term "existing design" as used in this Law refers to a design known to the public at home and abroad before the date of application.
Article 24 an invention creation for which a patent has been applied shall not lose its novelty in any of the following circumstances within six months before the date of application:
（1） First exhibited at an international exhibition sponsored or recognized by the Chinese government;
（2） First published at a prescribed academic or technical conference;
（3） Any other person divulges its contents without the consent of the applicant.
Article 25 No patent right shall be granted to any of the following:
（1） Scientific discovery;
（2） The rules and methods of intellectual activities;
（3） Diagnosis and treatment of diseases;
（4） Animal and plant species;
（5） A substance obtained by nuclear transformation;
（6） The design of the pattern, color or the combination of the two of the printed matter that mainly plays the role of identification.
A patent right may be granted in accordance with the provisions of this Law for the production method of the products listed in Item (4) of the preceding paragraph.
Chapter III Application for patent
Article 26 Where an application for a patent for invention or utility model is filed, documents such as a request, a description and its abstract, and a claim shall be submitted.
The request shall clearly state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall give a clear and complete description of the invention or utility model, subject to the realization of the invention or utility model by a person skilled in the relevant technical field; when necessary, drawings shall be provided. The abstract shall briefly explain the technical points of the invention or utility model.
The claims shall clearly and briefly define the scope of patent protection claimed on the basis of the description.
For an invention creation relying on genetic resources, the applicant shall state the direct source and the original source of the genetic resources in the patent application documents; if the applicant is unable to state the original source, he shall state the reasons.
Article 27 Where an application for a patent for design is filed, documents such as a request, pictures or photographs of the design and a brief description of the design shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is claimed.
Article 28 the date when the administrative department for patent under the State Council receives the patent application documents shall be the date of application. If the application document is sent by post, the date of postmark shall be the date of application.
Article 29 Where an applicant files an application for a patent for the same subject matter in China within 12 months from the date of the first filing of the application for a patent for invention or utility model in a foreign country, or within six months from the date of the first filing of the application for a patent for design in a foreign country, the agreement signed between the foreign country and China, or the international treaty to which both countries are parties, or the principle of mutual recognition of priority shall apply Can enjoy priority.
Where an applicant files another application for a patent for the same subject matter with the administrative department for patent under the State Council within 12 months from the date of filing the first application for a patent for invention or utility model in China, he may enjoy the right of priority.
Article 30 Where an applicant claims the right of priority, he shall make a written declaration at the time of application and submit a copy of the patent application document filed for the first time within three months; if he fails to make a written declaration or submit a copy of the patent application document within the time limit, he shall be deemed not to claim the right of priority.
Article 31 An application for a patent for invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs for the same product, or two or more designs for the same category of products sold or used in sets, may be filed as one application.
Article 32 An applicant may withdraw his patent application at any time before being granted a patent right.
Article 33 An applicant may amend his patent application documents, but the amendment to the application documents for a patent for invention or utility model shall not go beyond the scope of the original description and claims, and the amendment to the application documents for a patent for design shall not go beyond the scope of the original drawings or photographs.
Chapter IV Examination and approval of patent applications
Article 34 after receiving the application for invention patent, the administrative department for patent under the State Council, after preliminary examination, considers that it meets the requirements of this law, it shall publish it immediately after the expiration of 18 months from the date of application. The administrative department for patent under the State Council may, at the request of the applicant, publish the application at an early date.
Article 35 within three years from the date of application for an invention patent, the patent administration department under the State Council may, upon the request of the applicant at any time, conduct a substantive examination of its application; if the applicant fails to request the substantive examination within the time limit without reasonable reasons, the application shall be deemed to be withdrawn.
The patent administration department under the State Council may, when it deems it necessary, conduct substantive examination of the application for invention patent on its own.
Article 36 When an applicant for an invention patent requests substantive examination, he shall submit the reference materials related to the invention before the date of application.
Where an application for an invention patent has been filed in a foreign country, the patent administration department under the State Council may request the applicant to submit within the specified time limit the information retrieved by the state for the purpose of examining its application or the results of the examination; if the application is not submitted within the time limit without reasonable reasons, the application shall be deemed to be withdrawn.
Article 37 after the substantive examination of the application for invention patent by the administrative department for patent under the State Council, if it considers that it does not conform to the provisions of this law, it shall notify the applicant to request that it state its opinions within the specified period or modify its application; if the application fails to reply within the time limit without proper reasons, the application shall be deemed to be withdrawn.
Article 38 after the applicant has made a statement or made modification to an application for an invention patent, the patent administration department under the State Council still considers that it does not conform to the provisions of this law, it shall reject it.
Article 39 If no reason for rejection is found in the application for an invention patent after the substantive examination, the patent administration department under the State Council shall make a decision to grant the patent right for invention, issue the invention patent certificate, and register and announce the application. The patent right for invention shall come into effect from the date of announcement.
Article 40 If no reason for rejection is found in the application for utility model and design patent after preliminary examination, the patent administration department under the State Council shall make a decision to grant the patent right for utility model or design patent, issue corresponding patent certificate, and register and announce the application. The patent right of utility model and patent right for design shall come into effect from the date of announcement.
Article 41 the patent administration department under the State Council shall establish a Patent Reexamination Committee. If the patent applicant is not satisfied with the decision of the patent administration department under the State Council to reject the application, he may, within three months from the date of receiving the notice, apply to the Patent Reexamination Board for reexamination. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.
If the patent applicant is not satisfied with the decision of the Patent Reexamination Board, he may, within three months from the date of receiving the notice, bring a suit in the people's court.
Chapter V term, termination and invalidity of patent right
Article 42 The term of patent for invention is 20 years, and that of utility model patent and design patent is 10 years, which shall be calculated from the date of application.
Article 43 the patentee shall pay the annual fee from the year when the patent right is granted.
Article 44 in any of the following circumstances, the patent right shall terminate before the expiration of the term:
（1） Failing to pay the annual fee in accordance with the provisions;
（2） The patentee waives his patent right by a written statement.
If the patent right terminates before the expiration of the time limit, the patent administration department under the State Council shall register and announce it.
Article 45 Any unit or individual who, since the date when the patent administration department under the State Council announces the grant of the patent right, considers that the award of the patent right does not conform to the relevant provisions of this law, it may request the Patent Reexamination Board to declare the patent right invalid.
Article 46 the Patent Reexamination Board shall examine and make a decision on the application for invalidation of the patent right in a timely manner, and notify the applicant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department under the State Council.
If the Patent Reexamination Board refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, it may bring a suit in the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the request for invalidation to participate in the lawsuit as a third party.
Article 47 the patent right declared invalid shall be deemed to have not existed since the beginning.
The decision to declare the patent right invalid shall not have retroactive force for the judgment and mediation document of patent infringement made and executed by the people's court before the invalidation of the patent right, the decision on the settlement of the patent infringement dispute that has been performed or enforced, and the patent implementation license contract and patent right transfer contract that have been performed. However, compensation shall be made for the losses caused to others by the malicious intention of the patentee.
If the compensation for patent infringement, the royalties for the use of a patent or the transfer fee of the patent right are not returned in accordance with the provisions of the preceding paragraph, and the principle of fairness is obviously violated, it shall be returned in whole or in part.
Chapter VI Compulsory License for patent exploitation
Article 48 under any of the following circumstances, the administrative department for patent under the State Council may grant a compulsory license to exploit a patent for invention or a patent for utility model upon the application of the entity or individual that meets the conditions for exploitation:
（1） Where the patentee fails to implement or fully implement his patent without justified reasons at the end of three years from the date of grant of the patent right and four years from the date of filing the patent application;
（2） The patentee's act of exercising the patent right is recognized as monopoly according to law, in order to eliminate or reduce the adverse impact of the act on competition.
Article 49 in case of a state of emergency or extraordinary circumstances, or for the purpose of public interest, the patent administration department under the State Council may grant a compulsory license to exploit a patent for invention or utility model.
Article 50 for the purpose of public health, the administrative department for patent under the State Council may grant a compulsory license to manufacture and export drugs with patent rights to countries or regions that comply with the provisions of the relevant international treaties to which the people's Republic of China is a party.
Article 51 Where an invention or utility model for which a patent right has been granted has significant technological progress of economic significance compared with an invention or utility model for which a patent right has been granted before, and its implementation depends on the implementation of the previous invention or utility model, the administrative department for patent under the State Council may, on the application of the latter patentee, grant a compulsory license to exploit the previous invention or utility model.
Where a compulsory license for exploitation is granted in accordance with the provisions of the preceding paragraph, the administrative department for patent under the State Council may also grant a compulsory license for exploitation of the later invention or utility model upon the application of the previous patentee.
Article 52 Where the invention creation involved in the compulsory license is a semiconductor technology, its implementation shall be limited to the purpose of public interest and the circumstances specified in Item (2) of Article 48 of this law.
Article 53 except for the compulsory license granted in accordance with the provisions of Article 48 (2) and Article 50 of this law, the compulsory license shall be implemented mainly for the purpose of supplying the domestic market.
Article 54 An entity or individual applying for a compulsory license in accordance with the provisions of Article 48 (1) and Article 51 of this Law shall provide evidence to prove that it has requested the patentee to license its patent under reasonable conditions, but has failed to obtain the license within a reasonable time.
Article 55 the decision made by the administrative department for patent under the State Council to grant a compulsory license for exploitation shall be promptly notified to the patentee, registered and announced.
The decision to grant a compulsory license for implementation shall specify the scope and time of implementation according to the reasons for the compulsory license. When the reason for compulsory license is eliminated and no longer occurs, the administrative department for patent under the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Article 56 a unit or individual that has obtained a compulsory license for exploitation shall not enjoy the exclusive right of exploitation and shall not have the right to allow others to exploit.
Article 57 the entity or individual that has obtained a compulsory license for exploitation shall pay the patentee a reasonable royalty or deal with the issue of royalty in accordance with the provisions of the relevant international treaties to which the people's Republic of China is a party. Where a royalty is to be paid, the amount shall be determined by both parties through consultation; if the two parties fail to reach an agreement, it shall be decided by the patent administration department under the State Council.
Article 58 If the patentee is not satisfied with the decision of the administrative department for patent under the State Council on the compulsory license for exploitation, or if the patentee and the entity or individual that has obtained the compulsory license for exploitation are not satisfied with the decision of the administrative department for patent under the State Council on the royalty for exploitation of the compulsory license, they may bring a suit in a people's court within three months from the date of receiving the notice.
Chapter VII Protection of patent rights
Article 59 the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim. The description and the attached drawings may be used to explain the content of the claim.
The scope of protection of patent right of design shall be subject to the design of the product represented in the picture or photo. A brief description may be used to explain the design of the product represented by the picture or photo.
Article 60 if the patent is implemented without the permission of the patentee, that is, infringes its patent right and causes disputes, the parties shall settle the dispute through consultation; if the patent owner or interested party refuses to negotiate or fails to reach a conclusion, the patentee or interested party may bring a lawsuit to the people's court or may also request the Department in charge of patent work to handle it. When the Department in charge of patent work decides that the infringement is established, it may order the infringer to stop the infringement immediately. If the party refuses to accept the action, it may, within 15 days from the date of receiving the notice of handling, bring a suit in the people's court in accordance with the administrative procedure law of the people's Republic of China; If the infringer does not sue or stop the infringement at the expiration of the period, the Department in charge of patent work may apply to the people's court for compulsory enforcement. The Department in charge of patent management that conducts the handling may, at the request of the parties, mediate the amount of compensation for infringement of the patent right; if the mediation fails, the parties may bring a suit in the 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 an invention patent for a method of manufacturing a new product, the entity or individual manufacturing the same product shall provide proof that the method of manufacturing the product is different from the patented method.
Where a patent infringement dispute involves a patent for utility model or design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the administrative department for patent under the State Council after searching, analyzing and evaluating the relevant utility model or design, which shall serve as evidence for hearing and handling the patent infringement dispute According to.
Article 65 the amount of compensation for infringement of a patent right shall be determined according to the actual losses suffered by the obligee as a result of the infringement; if the actual losses are difficult to determine, they may be determined according to the interests gained by the infringer as a result of the infringement. Where it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined with reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement.
If it is difficult to determine the loss of the obligee, the benefit obtained by the infringer and the patent license fee, the people's court may determine to pay compensation of not less than 10000 yuan but not more than one million yuan according to the type of patent right, the nature and circumstances of the infringement and other factors.
Article 66 Where a patentee or an interested party has evidence to prove that another person is committing or is about to commit an act of infringement of the patent right, and if it fails to stop it in time, it will cause irreparable damage to his legal rights and interests, he may apply to the people's court for measures to order him to stop the relevant act before bringing a lawsuit.
When the applicant makes an application, he 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 need to be extended, it may extend the ruling for 48 hours. If an order is made to stop the relevant act, it shall be executed immediately. If a party is not satisfied with the ruling, he may apply for reconsideration once; the execution of the ruling shall not be suspended during the period of reconsideration.
If the applicant does not bring a suit within 15 days from the date when the people's court takes the measure to order him to stop the relevant act, the people's court shall terminate the measure.
If there is an error in the application, the applicant shall compensate the respondent for the losses incurred by the suspension of the relevant act.
Article 67 in order to stop patent infringement, where the evidence may be lost or difficult to obtain later, the patentee or interested party may apply to the people's court for preservation of evidence before proceeding.
The people's court may order the applicant to provide security when taking measures of preservation; if the applicant fails to provide security, the application shall be rejected.
The people's court shall make a ruling within 48 hours from the time of accepting the application; if the people's court decides to take the measures of preservation, it shall immediately implement the ruling.
If the applicant does not bring a suit within 15 days from the date of the adoption of the measures of preservation by the people's court, the people's court shall terminate the measures.
Article 68 the limitation of action for infringement of a patent right shall be two years, calculated from the date when the patentee or interested party knows or should have known the infringement.
If the patent application for invention is published and the appropriate use fee is not paid for the invention before the patent right is granted, the time limit for litigation for the patentee to pay the royalty shall be two years. The time limit for the suit shall be calculated from the date when the patentee knows or should know that others use the invention. However, if the patentee has learned or should know before the date of the patent right award, it shall be calculated from the date of the grant of the patent right .
Article 69 in any of the following circumstances, it shall not be regarded as infringing the patent right:
（1） The patent product or the product directly obtained according to the patent method shall be used, promised to sell, sell or import the patented product after being sold by the patentee or the unit or individual approved by the patentee;
（2） Having manufactured the same product, used the same method or made necessary preparations for manufacturing or using before the date of patent application, and continued to manufacture or use only within the original scope;
（3） The use of relevant patents in installations and equipment of foreign means of transport temporarily through Chinese territorial land, territorial waters and airspace, in accordance with agreements signed between their respective countries and China or international treaties to which they are jointly parties, or in accordance with the principle of reciprocity for the purpose of their own needs;
（4） The patent is specially used for scientific research and experiment;
（5） Those who manufacture, use or import patented drugs or patented medical devices for the purpose of providing information needed for administrative examination and approval, or those who manufacture or import patented drugs or patented medical devices for them.
Article 70 If a patent infringing product that is used, promised to sell or sold for the purpose of production and operation does not know that it is a patent infringing product that is manufactured and sold without the permission of the patentee, it can prove the legitimate source of the product, it shall not be liable for compensation.
Article 71 If a patent is applied to a foreign country in violation of the provisions of Article 20 of this Law and the state secrets are disclosed, the unit where the unit or the competent authority at a higher level is located shall be given administrative sanctions; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 72 Whoever infringes upon the patent application right for non service invention creation of an inventor or designer and other rights and interests prescribed in this Law shall be given administrative sanctions by the unit where he belongs or the competent authority at a higher level.
Article 73 The departments in charge of patent work shall not participate in business activities such as recommending patent products to the society.
If the Department in charge of patent work violates the provisions of the preceding paragraph, it shall be ordered by the higher level organ or supervisory organ to correct the matter, eliminate the impact, and confiscate the illegal income; if the circumstances are serious, the person in charge and other persons directly responsible shall be given administrative sanctions according to law.
Article 74 If any member of the state organ engaged in patent management or any other relevant state organ staff neglects his duty, abuses his power, commits malpractices for personal gain, and constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be given administrative sanctions according to law.
Chapter VIII supplementary provisions
Article 75 a fee shall be paid in accordance with the provisions when applying for a patent or going through other formalities with the administrative department for patent under the State Council.
Article 76 this Law shall come into force as of April 1, 1985.
remarks:
The effective time of this regulation is: October 1, 2009, and it will still be effective until 2020
Latest update: October 27, 2019