(Adopted at the Fourth Meeting of the Standing Committee of the Sixth National People’s Congress on March 12, 1984 The “Decision on the Patent Law” was revised for the first time based on the “Decision on Amending the Patent Law of the People’s Republic of China” at the 17th meeting of the Standing Committee of the Ninth National People’s Congress on August 25, 2000. The second revision was based on 2008 The Sixth Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on December 27, 2012, the third revision of the Decision on Amending the Patent Law of the People’s Republic of China The 22nd meeting of the Standing Committee of the General Assembly "Decision on Amending the Patent Law of the People's Republic of China" Fourth Amendment)

contents

Chapter One General Provisions

Chapter II Conditions for Granting Patent Rights

Chapter III Patent Application

Chapter IV Examination and Approval of Patent Applications

Chapter V Duration, Termination and Invalidation of Patent Right

Chapter VI Special License for Patent Implementation

Chapter VII Protection of Patent Right

Chapter 8 Supplementary Provisions

Chapter One General Provisions

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, this law is formulated.

Article 2 The “invention-creation” mentioned in this Law refers to inventions, utility models and designs.

Inventions refer to new technical solutions proposed for products, methods or improvements.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of the product.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

Article 3 The Patent Administration Department of the State Council is responsible for the administration of patent work throughout the country; uniformly accepts and examines patent applications, and grants patent rights in accordance with the law.

The patent administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent administration within their respective administrative regions.

Article 4 Where an invention-creation for which a patent is applied for involves national security or a major interest needs to be kept secret, it shall be handled in accordance with relevant national regulations.

Article 5 Patent rights shall not be granted for inventions and creations that violate the law, social morality, or interfere with the public interest.

No patent shall be granted for inventions and creations that violate the provisions of laws and administrative regulations to obtain or utilize genetic resources and rely on such genetic resources.

Article 6 Inventions and creations completed by performing the tasks of the unit or mainly using 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 is the patentee. The unit may dispose of the right to apply for patents and patent rights for its service inventions and creations in accordance with the law, and promote the implementation and application of related inventions and creations.

For non-service inventions, 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 material and technical conditions of the entity, if the entity has a contract with the inventor or designer to make an agreement on the right to apply for a patent and the ownership of the patent right, the agreement shall prevail.

Article 7 No unit or individual may suppress the non-service invention-creation patent application of the inventor or designer.

Article 8: For an invention-creation completed by two or more entities or individuals, or an invention-creation completed by one entity or individual entrusted by another entity or individual, unless otherwise agreed, the right to apply for a patent belongs to the entity that completed or jointly completed or Individual: After the application is approved, the unit or individual applying for is the patentee.

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for both utility model patents and invention patents for the same invention on the same day, the utility model patent right obtained first has not expired, and the applicant declares that the utility model patent right is waived, the invention patent right may be granted.

Where two or more applicants apply for a patent for the same invention-creation separately, the patent right shall be granted to the person who applied first.

Article 10 The right to apply for a patent and the patent right may be assigned.

Where a Chinese entity or individual transfers a patent application right or patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the relevant laws and administrative regulations.

Where a patent application right or patent right is assigned, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall be announced by the patent administration department of the State Council. 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 patent right for inventions and utility models is granted, except as otherwise provided in this law, no unit or individual may exploit the patent without the permission of the patentee, that is, not make, use, or use for production and business purposes. Promise to sell, sell, or import its patented products, or use its patented methods and use, promise to sell, sell, or import products directly obtained in accordance with the patented methods.

After the design patent right is granted, no unit or individual shall exploit the patent without the permission of the patentee, that is, shall not manufacture, promise to sell, sell, or import its design patent products for production and business purposes.

Article 12 Any entity or individual who exploits a patent of another person shall conclude an exploitation license contract with the patentee and pay the patentee a royalties. The licensee has no right to allow any unit or individual outside the contract to exploit the patent.

Article 13 After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee.

Article 14 If the patent application right or the co-owners of the patent right have an agreement on the exercise of the right, such agreement shall prevail. If there is no agreement, the co-owners may implement the patent alone or permit others to implement the patent by way of ordinary licensing; if the patent is permitted to be implemented by others, the royalties collected shall be distributed among the co-owners.

Except for the circumstances specified in the preceding paragraph, the exercise of a joint patent application right or patent right shall obtain the consent of all co-owners.

Article 15 The unit to which the patent right is granted shall reward the inventor or designer of a service invention-creation; after the implementation of the invention-creation patent, the inventor or designer shall be granted reasonable compensation based on the scope of its promotion and application and the economic benefits obtained. Rewards.

The state encourages units granted patent rights to implement property rights incentives, adopting methods such as stock rights, options, and dividends, so that inventors or designers can reasonably share the benefits of innovation.

Article 16 The inventor or designer has the right to indicate in the patent document that he is the inventor or designer.

The patentee has the right to mark the patent mark on the patented product or the packaging of the product.

Article 17: Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or place of business in China apply for patents in China, in accordance with the agreement signed with China or international treaties jointly signed by their country of origin, or in accordance with the principle of reciprocity. This law applies.

Article 18 Foreigners, foreign enterprises, or other foreign organizations that do not have a habitual residence or business office in China apply for patents and handle other patent affairs in China, they shall entrust a patent agency established in accordance with the law to handle them.

Where Chinese entities or individuals apply for patents and handle other patent affairs in China, they may entrust a patent agency established in accordance with the law to handle them.

Patent agencies shall abide by laws and administrative regulations, and handle patent applications or other patent affairs in accordance with the entrustment of the attorney; the contents of the attorney’s inventions and creations shall be kept confidential except when the patent application has been published or announced. The specific management measures for patent agencies shall be formulated by the State Council.

Article 19 Any entity or individual who applies for a patent for an invention or utility model completed in China for a foreign country shall report to the Patent Administration Department of the State Council for confidentiality review in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the regulations 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 patent application, it shall abide by the provisions of the preceding paragraph.

The Patent Administration Department of the State Council handles 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.

For inventions or utility models that violate the provisions of the first paragraph of this article and apply for a patent in a foreign country, the patent right shall not be granted.

Article 20 The principle of good faith shall be followed in applying for patents and exercising patent rights. Do not abuse the patent right to damage the public interest or the lawful rights and interests of others.

Abuse of patent rights to exclude or restrict competition, which constitutes monopolistic behavior, shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China.

Article 21 The patent administration department of the State Council shall process relevant patent applications and requests in accordance with the requirements of objectivity, fairness, accuracy and timeliness.

The patent administration department of the State Council shall strengthen the construction of a public service system for patent information, publish patent information in a complete, accurate and timely manner, provide basic patent data, publish patent bulletins regularly, and promote the dissemination and utilization of patent information.

Before the publication or announcement of a patent application, the staff of the Patent Administration Department of the State Council and related personnel shall be responsible for keeping the content confidential.

Chapter II Conditions for Granting Patent Rights

Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.

Novelty means that the invention or utility model does not belong to the prior art; and no unit or individual has filed an application for the same invention or utility model to the Patent Administration Department of the State Council before the filing date, and it is recorded that it was published after the filing date. Patent application documents or published patent documents.

Creativity means that compared with the prior art, the invention has prominent substantive features and significant progress, 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 “existing technology” mentioned in this law refers to the technology known to the public at home and abroad before the filing date.

Article 23 The design for which the patent right is granted shall not belong to the existing design; no unit or individual has filed an application with the Patent Administration Department of the State Council for the same design before the filing date, and the record shall be announced after the filing date. In the patent documents.

Compared with the existing design or the combination of existing design features, the design for which the patent right is granted should be obviously different.

The patented design shall not conflict with the legal rights that others have obtained before the filing date.

The “existing design” mentioned in this law refers to the design known to the public at home and abroad before the filing date.

Article 24 The invention-creation for which a patent is applied for shall not lose its novelty in any of the following circumstances within six months before the filing date:

(1) It is made public for the first time for the purpose of public interest when a state of emergency or an extraordinary situation occurs in the country;

(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;

(3) It is published for the first time at a prescribed academic conference or technical conference;

(4) Others divulge the content without the consent of the applicant.

Article 25 No patent rights shall be granted for the following items:

(1) Scientific discoveries;

(2) Rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Animal and plant varieties;

(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;

(6) Designs that are mainly used for marking the pattern, color, or a combination of the two of plane prints.

For the production methods of the products listed in item (4) of the preceding paragraph, patent rights may be granted in accordance with the provisions of this law.

Chapter III Patent Application

Article 26 Anyone who applies for a patent for invention or utility model shall submit a request, description and its abstract, claims and other documents.

The request should 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 specification shall provide a clear and complete description of the invention or utility model, and shall be subject to the realization of the technical personnel in the relevant technical field; when necessary, there shall be drawings. The abstract should briefly describe the technical points of the invention or utility model.

The claims should be based on the description, clearly and concisely limiting the scope of patent protection.

For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; if the applicant is unable to state the original source, it shall state the reasons.

Article 27 To apply for a design patent, documents such as a request, pictures or photos of the design and a brief description of the design shall be submitted.

The relevant pictures or photos submitted by the applicant shall clearly show the design of the product that requires patent protection.

Article 28 The date when the patent administration department of the State Council receives the patent application documents shall be the application date. If the application documents are mailed, the postmark date shall be the application date.

Article 29 The applicant shall within twelve months from the date when the invention or utility model is filed for the first time in a foreign country, or within six months from the date when the design is filed for the first time in a foreign country, and Where a patent application on the same subject is filed in China, the right of priority may be enjoyed in accordance with the agreement signed by the foreign country and China or the international treaty jointly participated in, or in accordance with the principle of mutual recognition of priority.

Within twelve months from the date of filing the first patent application for an invention or utility model in China, or within six months from the date of filing the first patent application for a design in China, the applicant shall apply to the Patent Administration Department of the State Council Those who file a patent application on the same subject may enjoy priority.

Article 30 Where an applicant claims priority for a patent for invention or utility model, he shall submit a written statement at the time of application, and within 16 months from the date of filing the first application, submit the first filing of the patent application document s copy.

If the applicant claims priority for a design patent, he shall submit a written statement at the time of application and submit a copy of the first patent application file within three months.

If the applicant fails to submit a written statement or fails to submit a copy of the patent application document within the time limit, it shall be deemed that the right of priority has not been claimed.

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 that belong to a general inventive concept may be filed as one application.

An application for a design patent shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products that are used in the same category and sold or used in sets, may be filed 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 amend their patent application documents, but the amendments to the invention and utility model patent application documents shall not exceed the scope of the original specification and claims, and the amendments to the design patent application documents shall not exceed The range indicated by the original image or photo.

Chapter IV Examination and Approval of Patent Applications

Article 34 After the patent administration department of the State Council receives an application for a patent for invention, if it is deemed to meet the requirements of this law through preliminary examination, the expiry date shall be expired from the date of application.

Eighteen months, it will be announced soon. The Patent Administration Department of the State Council may announce the application as soon as possible at the request of the applicant.

Article 35 Within three years from the date of filing an application for a patent for invention, 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. It is deemed to be withdrawn.

The patent administration department of the State Council may conduct substantive examination of the invention patent application when it deems it necessary.

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

Where an application for a patent for invention has been filed in a foreign country, the Patent Administration Department of the State Council may require the applicant to submit the materials searched for the country’s application or the results of the examination within the specified time limit; if the application is not submitted within the specified time limit, the application shall be Is considered withdrawn.

Article 37: After the patent administration department of the State Council conducts substantive examination of an invention patent application, if it finds that it does not conform to the provisions of this law, it shall notify the applicant and require him to state his opinions within the specified time limit or make amendments to his application; If the reason is not answered within the time limit, the application shall be deemed to have been withdrawn.

Article 38 After the applicant’s opinions or amendments have been made to an application for a patent for invention, if the Patent Administration Department of the State Council still believes that it does not comply with the provisions of this Law, it shall be rejected.

Article 39 If no reason for rejection of an application for a patent for invention is found after substantive examination, the Patent Administration Department of the State Council shall make a decision to grant the patent for invention, issue an invention patent certificate, and register and announce it at the same time. The patent right for invention shall take effect from the date of announcement.

Article 40: If the application for a utility model or design patent is not found to be rejected after preliminary examination, the patent administration department of the State Council shall make a decision to grant a utility model patent or a design patent, issue the corresponding patent certificate, and simultaneously register and announcement. Utility model patents and design patents shall take effect from the date of announcement.

Article 41 Where a patent applicant is dissatisfied with the decision of the patent administration department of the State Council to reject the application, it may request a reexamination from the patent administration department of the State Council within three months from the date of receipt of the notification. After the review, the Patent Administration Department of the State Council will make a decision and notify the patent applicant.

If a patent applicant is dissatisfied with the review decision made by the Patent Administration Department of the State Council, he may file a suit in a people's court within three months from the date of receipt of the notification.

Chapter V Duration, Termination and Invalidation of Patent Right

Article 42 The term of invention patent right is 20 years, the term of utility model patent right is 10 years, and the term of design patent right is 15 years, all counted from the date of filing.

Where an invention patent has been granted four years from the date of application for a patent for invention and three years have passed since the date of the request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, deal with the unreasonable delay in the process of granting the patent for invention Compensation for the duration of the patent right shall be granted, except for unreasonable delay caused by the applicant.

In order to compensate for the time spent in the review and approval of new drugs, the patent administration department of the State Council shall, at the request of the patentee, grant compensation for the duration of the patent right for the new drug-related invention patents that have been approved for marketing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed 14 years.

Article 43 The patentee shall pay the annual fee starting from the year in which the patent right is granted.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiry of the time limit:

(1) Failing to pay the annual fee in accordance with the regulations;

(2) The patentee waives his patent right in a written statement.

If the patent right is terminated before the expiry of the term, 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 the patent right, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the patent administration department of the State Council to declare the patent right invalid.

Article 46 The patent administration department of the State Council shall review and make a decision on a request for invalidation of a patent right in a timely manner, 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 Administration Department of the State Council to declare the patent right invalid or maintain the patent right may file a suit in the people's court within three months from the date of receipt of the notification. The people's court shall notify the opposing 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 not existed from the beginning.

The decision to invalidate the patent right, the judgment of the people’s court on patent infringement and the mediation that have been executed before the invalidation of the patent right, the decision on the settlement of the patent infringement dispute that has been executed or enforced, and the patent license contract and the execution of the patent license. Patent transfer contracts are not retroactive. However, compensation should be made for losses caused to others due to the malice of the patentee.

If the patent infringement compensation, patent royalties, or patent right transfer fees are not refunded in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be refunded in whole or in part.

Chapter VI Special License for Patent Implementation

Article 48 The patent administration department under the State Council and the department in charge of patent work in the local people's government shall, in conjunction with relevant departments at the same level, take measures to strengthen patent public services and promote the implementation and application of patents.

Article 49: Where the invention patents of state-owned enterprises and institutions are of great significance to the national interest or public interest, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may report to the State Council for approval and may decide to promote and apply them within the approved scope. , The designated unit is allowed to implement it, and the implementing unit shall pay royalties to the patentee in accordance with national regulations.

Article 50 Where a patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any entity or individual to exploit his patent, and specifies the method and standard for payment of license fees, the patent administration department of the State Council shall make an announcement and implement open licensing. Where an open license statement is filed for utility model and design patents, a patent right evaluation report shall be provided.

Where the patentee withdraws the open license statement, it shall be submitted in writing, and the patent administration department of the State Council shall make an announcement. If the open permission statement is withdrawn by announcement, the validity of the open permission granted earlier will not be affected.

Article 51 If any entity or individual intends to implement an open-licensed patent, it shall notify the patentee in writing, and shall obtain a patent exploitation license after paying the license fee in accordance with the announced method and standard for the payment of license fees.

During the implementation period of the open license, the annual patent fee paid by the patentee shall be reduced or exempted accordingly.

The patentee who implements the open license may grant an ordinary license after negotiating with the licensee on the license fee, but shall not grant an exclusive or exclusive license for the patent.

Article 52 If the parties have a dispute over the implementation of an open license, they shall be resolved through consultation; if they are unwilling to negotiate or fail to reach a negotiation, they may request mediation from the Patent Administration Department of the State Council, or they may file a lawsuit in a people’s court.

Article 53 In any of the following circumstances, the Patent Administration Department of the State Council may grant a compulsory license for the exploitation of invention patents or utility model patents based on the applications of entities or individuals that meet the requirements for implementation:

(1) The patentee has not implemented or fully implemented his patent without justified reasons for 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 exercise of the patent right is recognized as a monopolistic behavior in accordance with the law, in order to eliminate or reduce the adverse effects of the behavior on competition.

Article 54 In the event of a state of emergency or extraordinary circumstances, or for the purpose of public interest, the Patent Administration Department of the State Council may grant a compulsory license for the exploitation of invention patents or utility model patents.

Article 55 For the purpose of public health, the patent administration department of the State Council may grant a compulsory license to manufacture and export drugs to countries or regions that comply with the relevant international treaties to which the People’s Republic of China has participated.

Article 56 A patented invention or utility model has a major technological advancement that has significant economic significance compared to an invention or utility model that has been previously patented, and its implementation depends on the implementation of the previous invention or utility model. The patent administration department of the State Council may grant a compulsory license to implement the previous invention or utility model based on the application of the latter patentee.

Where a compulsory license is granted in accordance with the provisions of the preceding paragraph, the patent administration department of the State Council may also grant a compulsory license for the exploitation of the latter invention or utility model based on the application of the former patentee.

Article 57 Where the invention-creation involved in a compulsory license is semiconductor technology, its implementation shall be limited to the purpose of public interest and the circumstances specified in Article 53 (2) of this Law.

Article 58 Except for the compulsory licenses granted in accordance with Article 53(2) and Article 55 of this Law, the implementation of compulsory licenses shall be mainly for supplying the domestic market.

Article 59 An entity or individual that applies for a compulsory license in accordance with Article 53 (1) and Article 56 of this Law shall provide evidence to prove that it requests the patentee for permission to exploit the patent on reasonable terms. , But failed to obtain permission within a reasonable time.

Article 60 The decision made by the patent administration department of the State Council to grant a compulsory license for exploitation shall be notified to the patentee in a timely manner, and shall be registered and announced.

The decision to grant a compulsory license for implementation shall stipulate the scope and time of implementation based on the reasons for the compulsory license. When the reason for the compulsory license is eliminated and no longer occurs, the patent administration department under the State Council shall make a decision to terminate the implementation of the compulsory license after review at the request of the patentee.

Article 61 The unit or individual that has obtained a compulsory license for implementation shall not enjoy the exclusive right of implementation, and shall not have the right to allow others to implement it.

Article 62 The unit or individual that has obtained a compulsory license for exploitation shall pay the patentee a reasonable royalties, or deal with the issue of royalties in accordance with the provisions of the relevant international treaties to which the People's Republic of China is a party. If the 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 63: Where the patentee is dissatisfied with the decision of the patent administration department of the State Council on the implementation of a compulsory license, the patent owner and the unit or individual that has obtained the compulsory license for the implementation of the compulsory license is dissatisfied with the ruling of the patent administration department of the State Council on royalties for the implementation of the compulsory license , You can file a suit in a people’s court within three months from the date of receipt of the notice.

Chapter VII Protection of Patent Right

Article 64 The scope of protection of an invention or utility model patent right shall be subject to the content of the claims. The description and drawings may be used to interpret the content of the claims.

The protection scope of the design patent right is based on the design of the product shown in the picture or photo, and the brief description can be used to explain the design of the product represented by the picture or photo.

Article 65: Where a patent is infringed by the patentee without the permission of the patentee, and a dispute is caused, the parties concerned shall negotiate and resolve the dispute; if they are unwilling to negotiate or the negotiation fails, the patentee or interested parties may apply to the people’s court In case of a lawsuit, you can also request the administrative department of patents to deal with it. When the administrative department of patent work determines that the infringement is established, it can order the infringer to stop the infringement immediately. Court prosecution; if the infringer does not sue and does not stop the infringement at the expiration of the time limit, the administrative department of patent work may apply to the people’s court for compulsory enforcement. At the request of the party concerned, the administrative department of patents that handles the work may mediate the amount of compensation for patent infringement; if the mediation fails, the party may bring a suit in a people’s court in accordance with the Civil Procedure Law of the People’s Republic of China.

Article 66 Where 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 proof that the product manufacturing method is different from the patented method.

Where a patent infringement dispute involves a utility model patent or a design patent, the people’s court or the administrative department of patents may require the patentee or interested parties to issue a document after the patent administration department of the State Council has searched, analyzed, and evaluated the relevant utility model or design patent. The patent right evaluation report made is used as evidence for the trial and handling of patent infringement disputes; the patentee, interested party or accused infringer may also proactively issue a patent right evaluation report.

Article 67 In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design implemented by it belongs to the existing technology or the existing design, it does not constitute an infringement of the patent right.

Article 68 In case of counterfeiting patents, in addition to assuming civil liabilities in accordance with the law, the department in charge of patent enforcement shall order corrections and make an announcement. The illegal gains shall be confiscated, and a fine of less than five times the illegal gains may be imposed; If it is less than 10,000 yuan, a fine of less than 250,000 yuan may be imposed; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 69 The department responsible for patent enforcement shall have the right to take the following measures when investigating and punishing suspected patent counterfeiting based on the evidence it has obtained:

(1) Inquiring the relevant parties and investigating the circumstances related to the suspected illegal act;

(2) Conduct on-site inspections of the premises where the parties are suspected of illegal acts;

(3) Consult and copy contracts, invoices, account books and other relevant materials related to the suspected illegal act;

(4) Inspect products related to suspected illegal acts;

(5) Products that have evidence to prove that they are counterfeit patents may be sealed up or detained.

When handling patent infringement disputes at the request of the patentee or interested parties, the administrative department of patents may take the measures listed in items (1), (2), and (4) of the preceding paragraph.

When the department in charge of patent enforcement and the department in charge of patent work exercise the functions and powers stipulated in the preceding two paragraphs in accordance with the law, the parties concerned shall provide assistance and cooperation, and shall not refuse or obstruct.

Article 70 The patent administration department of the State Council may, at the request of the patentee or interested parties, handle patent infringement disputes that have a significant national impact.

The local people’s government administrative department for patents shall handle patent infringement disputes at the request of the patentee or interested parties, and may handle the cases of infringement of the same patent right within the administrative area in a combined manner; it may handle the cases of infringement of the same patent right across regions Request to the higher-level local people's government administrative department of patent work to deal with it.

Article 71 The amount of compensation for patent infringement shall be determined based on the actual loss suffered by the right holder due to the infringement or the interest gained by the infringer as a result of the infringement; if it is difficult to determine the loss of the right holder or the interest gained by the infringer, refer to the patent The multiple of the license fee is reasonably determined. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation may be determined at more than one time and less than five times the amount determined in accordance with the above-mentioned method.

Where 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 determine the amount of more than 30,000 yuan and less than 5 million yuan based on factors such as the type of patent right, the nature of the infringement and the circumstances. compensation.

The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement.

In order to determine the amount of compensation, the people’s court may order the infringer to provide and provide evidence if the right holder has tried its best to provide evidence and the account books and information related to the infringement are mainly in the hands of the infringer.

Account books and materials related to the act; if the infringer does not provide or provides false account books and materials, the people's court may refer to the claims and evidence provided by the right holder to determine the amount of compensation.

Article 72: If the patentee or interested party has evidence to prove that another person is performing or is about to perform an act that infringes the patent right and hinders its realization of the right, if it is not stopped in time, it may cause irreparable damage to its legitimate rights and interests. Before filing a lawsuit, apply to the people’s court for property preservation, ordering certain actions, or prohibiting certain actions.

Article 73 In order to stop patent infringements, the patentee or interested parties may apply to the people’s court for evidence preservation in accordance with the law before the lawsuit is filed under circumstances where the evidence may be lost or difficult to obtain in the future.

Article 74 The limitation of action for patent infringement shall be three years, calculated from the date when the patentee or interested parties knew or should have known the infringement and the infringer.

After the publication of the application for a patent for invention and before the grant of the patent right, if the appropriate royalties are not paid for the use of the invention, the statute of limitations for the patentee to request the payment of royalties is three years, calculated from the date when the patentee knew or should have known that others were using the invention However, if the patentee already knew 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 75 Any of the following circumstances shall not be regarded as infringement of patent rights:

(1) After a patented product or a product directly obtained in accordance with a patented method is sold by the patentee or a unit or individual authorized by it, the product is used, promised to be sold, sold, or imported;

(2) The same product has been manufactured, the same method is used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use are only continued within the original scope;

(3) Foreign means of transport temporarily passing through China’s territorial land, territorial waters, and airspace, in accordance with the agreement signed with China or international treaties jointly signed by the country to which it belongs, or in accordance with the principle of reciprocity, install and install equipment and equipment for the means of transport’s own needs. The use of relevant patents;

(4) Use relevant patents exclusively for scientific research and experiments;

(5) Manufacturing, using, or importing patented drugs or patented medical devices in order to provide information required for administrative examination and approval, and manufacturing or importing patented drugs or patented medical devices specifically for them.

Article 76 In the process of review and approval of drug marketing, if a dispute arises between the applicant for a drug marketing license and the relevant patentee or interested party due to the patent right of the drug applied for registration, the relevant party may file a lawsuit in the people’s court and request A judgment shall be made on whether the drug-related technical solution applied for registration falls within the scope of protection of the patent rights of others' drugs. The drug regulatory department of the State Council may, within the prescribed time limit, make a decision on whether to suspend the approval of the listing of relevant drugs in accordance with the effective judgment of the people's court.

Applicants for drug marketing authorization and relevant patentees or interested parties may also request administrative rulings from the patent administration department of the State Council regarding patent disputes related to the drugs for which registration is applied for.

The drug regulatory department of the State Council, in conjunction with the patent administrative department of the State Council, shall formulate specific measures for the connection between the approval of drug marketing approval and the resolution of patent disputes at the stage of drug marketing approval application, which shall be implemented after the approval of the State Council.

Article 77 If a patent infringing product is used, promised to sell, or sold for production and business purposes, which is not known to be manufactured and sold without the permission of the patentee, and the legal origin of the product can be proved, it shall not be liable for compensation.

Article 78 Anyone who violates Article 19 of this law to apply for a patent in a foreign country and reveals state secrets shall be given administrative sanctions by the unit to which he belongs or the competent authority at a higher level; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 79 The administrative department of patents shall not participate in business activities such as recommending patented products to the public.

If the administrative department of patents violates the provisions of the preceding paragraph, its superior authority or supervisory authority shall order it to make corrections, eliminate the impact, and confiscate the illegal income; if the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be punished according to law.

Article 80: Personnel of state organs engaged in patent administration work and other relevant state organs' staff who neglect their duties, abuse their powers, or engage in malpractice for personal gains, and constitute a crime, shall be investigated for criminal responsibility according to law; if a crime is not constituted, sanctions shall be given according to law.

Chapter 8 Supplementary Provisions

Article 81 To apply for patents and go through other formalities with the patent administration department of the State Council, fees shall be paid in accordance with regulations.

Article 82 This Law shall come into force on April 1, 1985.