Patent Law

Patent Law of the People’s Republic of China

 (Adopted at the 4th Meeting of the Standing Committee of the Sixth National People’s Congress on March 12,1984 and promulgated by Order No.11 of the President of the People’s Republic of China on March 12,1984; amended for the first time in accordance with the Decision of the Standing Committee of the Seventh National People’s Congress on Amending the Patent Law of the People’s Republic of China at its 27th Meeting on September 4,1992 and amended again in accordance with the Decision of the Standing Committee of the Ninth National People’s Congress on Amending the Patent Law of the People’s Republic of China adopted at its 17th Meeting on August 25, 2000)

Contents

Chapter  I     General Provisions

Chapter  II    Conditions for the Grant of Patent Rights

Chapter  III   Application for Patents

Chapter  IV    Examination and Approval of Patent Applications

Chapter  V     Term, Termination and Invalidation of Patent Rights

Chapter  VI    Compulsory Licence for Exploitation of a Patent

Chapter  VII   Protection of Patent Rights

Chapter  VIII  Supplementary Provisions

Chapter  I

General Provisions

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

Article 2 For the purpose of this Law, “invention-creation” means inventions, utility models and designs.

Article 3 The patent administration department under the State Council is responsible for the patent work throughout the country. It accepts and examines patent applications and grants patent rights for inventions-creations in accordance with law.

 The administrative authority for patent affairs under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the administrative work concerning patents in their respective administrative areas.