Policies and Regulations

Patent Law of the People’s Republic of China

2005-01-05 15:18 

(Adopted at the 4th Meeting of the Standing Committee of the Sixth National 
People’s Congress on March 12,1984

Amended 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

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)

TABLE OF CONTENTS

Chapter I General Provisions
Chapter II Requirements for Grant of Patent Right
Chapter III Application for Patent
Chapter IV Examination and Approval of Application for Patent
Chapter V Duration, Cessation and Invalidation of Patent Right
Chapter VI Compulsory License for Exploitation of Patent
Chapter VII Protection of Patent Right
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted to protect patent rights for inventions-creations, 
to encourage invention-creation, to foster the spreading and application of 
inventions-creations, and to promote the development and innovation of science 
and technology, for meeting the needs of the construction of socialist 
modernization.

Article 2 In this Law, "inventions-creations" mean 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 receives 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. 

Article 4 Where an invention-creation for which a patent is applied for relates 
to the security or other vital interests of the State and is required to be kept 
secret, the application shall be treated in accordance with the relevant 
prescriptions of the State.

Article 5 No patent right shall be granted for any invention-creation that is 
contrary to the laws of the State or social morality or that is detrimental to 
public interest.

Article 6 An invention-creation, made by a person in execution of the tasks of 
the entity to which he belongs, or made by him mainly by using the material and 
technical means of the entity is a service invention-creation. For a service 
invention-creation, the right to apply for a patent 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.
In respect of an invention-creation made by a person using the material and 
technical means of an entity to which he belongs, where the entity and the 
inventor or creator have entered into a contract in which the right to apply for 
and own a patent is provided for, such a provision shall apply.

Article 7. No entity or individual shall prevent the inventor or creator from 
filing an application for a patent for a non-service invention-creation.

Article 8. For an invention-creation jointly made by two or more entities or 
individuals, or made by an entity or individual in execution of a commission 
given to it or him by another entity or individual, the right to apply for a 
patent belongs, unless otherwise agreed upon, to the entity or individual that 
made, or to the entities or individuals that jointly made, the 
invention-creation. After the application is approved, the entity or individual 
that applied for it shall be the patentee.

Article 9. Where two or more applicants file applications for patent for the 
identical invention-creation, the patent right shall be granted to the applicant 
whose application was filed first.

Article 10. The right to apply for a patent and the patent right may be 
assigned.
Any assignment, by a Chinese entity or individual, of the right to apply for a 
patent, or of the patent right, to a foreigner must be approved by the competent 
department concerned of the State Council.
Where the right to apply for a patent or the patent right is assigned, the 
parties shall conclude a written contract and register it with the patent 
administration department under the State Council. The patent administration 
department under the State Council shall announce the registration. The 
assignment shall take effect as of the date of registration.

Article 11 After the grant of the patent right for an invention or utility 
model, except where otherwise provided for in this Law, no entity or individual 
may, without the authorization of the patentee, exploit the patent, that is, 
make, use, offer to sell, sell or import the patented product, or use the 
patented process, and use, offer to sell, sell or import the product directly 
obtained by the patented process, for production or business purposes.
After the grant of the patent right for a design, no entity or individual may, 
without the authorization of the patentee, exploit the patent, that is, make, 
sell or import the product incorporating its or his patented design, for 
production or business purposes.

Article 12. Any entity or individua1 exploiting the patent of another shall 
conclude with the patentee a written license contract for exploitation and pay 
the patentee a fee for the exploitation of the patent. The licensee has no right 
to authorize any entity or individual, other than that referred to in the 
contract for exploitation, 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. Where any patent for invention, belonging to any State-owned 
enterprise or institution, is of great significance to the interest of the State 
or to the public interest, the competent departments concerned under the State 
council and the people’s governments of provinces, autonomous regions or 
municipalities directly under the Central Government may, after approval by the 
State Council, decide that the patented invention be spread and applied within 
the approved limits, and allow designated entities to exploit that invention. 
The exploiting entity shall, according to the regulations of the State, pay a 
fee for exploitation to the patentee .
Any patent for invention belonging to a Chinese individual or an entity under 
collective ownership, which is of great significance to the interest of the 
State or to the public interest and is in need of spreading and application, may 
be treated alike by making reference to the provisions of the preceding 
paragraph.

Article l5. The patentee has the right to affix a patent marking and to indicate 
the number of the patent on the patented product or on the packing of that 
product.

Article 16. The entity that is granted a patent right shall award to the 
inventor or creator of a service invention--creation a reward and, upon 
exploitation of the patented invention-creation, shall pay the inventor or 
creator a reasonable remuneration based on the extent of spreading and 
application and the economic benefits yielded.

Article l7. The inventor or creator has the right to be named as such in the 
patent document.

Article 18. Where any foreigner, foreign enterprise or other foreign 
organization having no habitual residence or business office in China files an 
application for a patent in China, the application sha1l be treated under this 
Law in accordance with any agreement concluded between the country to which the 
applicant belongs and China, or in accordance with any international treaty to 
which both countries are party, or on the basis of the principle of reciprocity.

Article l9. Where any foreigner, foreign enterprise or other foreign 
organization having no habitual residence or business office in China applies 
for a patent, or has other patent matters to attend to, in China, it or he shall 
appoint a patent agency designated by the patent administration department under 
the State Council to act as his or its agent.
Where any Chinese entity or individual applies for a patent or has other patent 
matters to attend to in the country, it or he may appoint a patent agency to act 
as its or his agent.
The patent agency shall comply with the provisions of laws and administrative 
regulations, and handle patent applications and other patent matters according 
to the instructions of its clients. In respect of the contents of its clients'' 
inventions-creations, except for those that have been published or announced, 
the agency shall bear the responsibility of keeping them confidential. The 
administrative regulations governing the patent agency shall be formulated by 
the State Council.

Article 20. Where any Chinese entity or individual intends to file an 
application in a foreign country for a patent for invention-creation made in China, it or he shall file first an application for patent with the patent 
administration department under the State Council, appoint a patent agency 
designated by the said department to act as its or his agent, and comply with 
the provisions of Article 4 of this Law.
Any Chinese entity or individual may file an international application for 
patent in accordance with any international treaty concerned to which China is 
party. The applicant filing an international application for patent shall comply 
with the provisions of the preceding paragraph.
The patent administration department under the State Council shall handle any 
international application for patent in accordance with the international treaty 
concerned to which China is party, this Law and the relevant regulations of the 
State Council.

Article 21. The patent administration department under the State Council and its 
Patent Reexamination Board shall handle any patent application and 
patent-related request according to law and in conformity with the requirements 
for being objective, fair, correct and timely.
Until the publication or announcement of the application for a patent, staff 
members of the patent administration department under the State Council and 
other persons involved have the duty to keep its contents secret.

Chapter II Requirements for Grant of Patent Right

Article 22. Any invention or utility model for which patent right may be granted 
must possess novelty, inventiveness and practical app1icability.
Novelty means that, before the date of filing, no identical invention or utility 
model has been publicly disclosed in publications in the country or abroad or 
has been publicly used or made known to the public by any other means in the 
country, nor has any other person filed previously with the Patent 
Administration Department Under the State Council an application which described 
the identical invention or utility mode1 and was published after the said date 
of filing.
Inventiveness means that, as compared with the technology existing before the 
date of filing, the invention has prominent substantive features and represents 
a notable progress and that the utility model has substantive features and 
represents progress.
Practical applicability means that the invention or utility model can be made or 
used and can produce effective results.

Article 23. Any design for which patent right may be granted must not be 
identical with and simi1ar to any design which, before the date of filing, has 
been publicly disclosed in publications in the country or abroad or has been 
publicly used in the country, and must not be in conflict with any prior right 
of any other person.

 

Article 24. An invention-creation for which a patent is applied for does not 
lose its novelty where, within six months before the date of filing, one of the 
following events occurred: 
(l) where it was first exhibited at an international exhibition sponsored or 
recognized by the Chinese Government;
(2) where it was first made public at a prescribed academic or technological 
meeting;
(3) where it was disc1osed by any person without the consent of the applicant.

Article 25 For any of the following, no patent right shall be granted:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for the diagnosis or for the treatment of diseases;
(4) animal and plant varieties;
(5) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4) of the 
preceding paragraph, patent right may be granted in accordance with the 
provisions of this Law.

Chapter III Application for Patent

Article 26. Where an application for a patent for invention or utility model is 
filed, a request, a description and its abstract, and claims shall be submitted.
The request shall state the title of the invention or utility model, the name of 
the inventor or creator, the name and the address of the applicant and other 
related matters.
The description shall set forth the invention or utility model in a manner 
sufficiently clear and complete so as to enable a person skilled in the re1evant 
field of techno1ogy to carry it out; where necessary, drawings are required. The 
abstract shall state briefly the main technical points of the invention or 
utility model.
The claims sha1l be supported by the description and shal1 state the extent of 
the patent protection asked for.

Article 27. Where an app1ication for a patent for design is filed, a request, 
drawings or photographs of the design shall be submitted, and the product 
incorporating the design and the class to which that product be1ongs shall be 
indicated.

Article 28. The date on which the Patent Administration Department Under the 
State Council receives the application shall be the date of filing. If the 
app1ication is sent by mail, the date of mailing indicated by the postmark shall 
be the date of filing.

Article 29. Where, within twelve months from the date on which any applicant 
first filed in a foreign country an application for a patent for invention or 
utility model, or within six months from the date on which any applicant first 
filed in a foreign country an application for a patent for design, he or it 
files in China an application for a patent for the same subject matter, he or it 
may, in accordance with any agreement concluded between the said foreign country 
and China, or in accordance with any international treaty to which both 
countries are party, or on the basis of the principle of mutual recognition of 
the right of priority, enjoy a right of priority.
Where, within twelve months from the date on which any applicant first filed in 
China an application for a patent for invention or utility model, he or it files 
with the Patent Administration Department Under the State Council an application 
for a patent for the same subject matter, he or it may enjoy a right of 
priority.

Article 30. Any applicant who claims the right of priority shall make a written 
declaration when the application is filed, and submit, within three months, a 
copy of the patent application document which was first filed; if the applicant 
fails to make the written declaration or to meet the time limit for submitting 
the patent application document, the claim to the right of priority shall be 
deemed not to have been made.

Article 3l. An application for a patent for invention or utility model shall be 
limited to one invention or uti1ity model. Two or more inventions or utility 
models belonging to a single general inventive concept may be filed as one 
application.
An application for a patent for design shall be limited to one design 
incorporated in one product. Two or more designs which are incorporated in 
products belonging to the same c1ass and are sold or used in sets may be filed 
as one application.

Article 32. An applicant may withdraw his or its application for a patent at any 
time before the patent right is granted.

Article 33. An applicant may amend his or its application for a patent, but the 
amendment to the application for a patent for invention or utility model may not 
go beyond the scope of the disclosure contained in the initial description and 
claims, and the amendment to the application for a patent for design may not go 
beyond the scope of the disclosure as shown in the initial drawings or 
photographs.

Chapter IV Examination and Approval of Application for Patent

Article 34. Where, after receiving an application for a patent for invention, 
the Patent Administration Department Under the State Council, upon preliminary 
examination, finds the application to be in conformity with the requirements of 
this Law, it shall publish the application promptly after the expiration of 
eighteen months from the date of filing. Upon the request of the applicant, the 
Patent Administration Department Under the State Council publishes the 
application earlier.

Article 35. Upon the request of the applicant for a patent for invention, made 
at any time within three years from the date of filing, the Patent 
Administration Department Under the State Council will proceed to examine the 
application as to its substance. If, without any justified reason, the applicant 
fails to meet the time limit for requesting examination as to substance, the 
application shall be deemed to have been withdrawn.
The Patent Administration Department Under the State Council may, on its own 
initiative, proceed to examine any application for a patent for invention as to 
its substance when it deems it necessary.

Article 36. When the applicant for a patent for invention requests examination 
as to substance, he or lit shall furnish pre-filing date reference materials 
concerning the invention.
For an application for a patent for invention that has been already filed in a 
foreign country, the patent administration department under the State Council 
may ask the app1icant to furnish within a specified time limit documents 
concerning any search made for the purpose of examining that application, or 
concerning the results of any examination made, in that country. If, at the 
expiration of the specified time limit, without any justified reason, the said 
documents are not furnished, the application shall be deemed to have been 
withdrawn.

Article 37. Where the Patent Administration Department Under the State Council, 
after it has made the examination as to substance of the application for a 
patent for invention, finds that the application is not in conformity with the 
provisions of this Law, it shall notify the applicant and request him or it to 
submit, within a specified time limit, his or its observations or to amend the 
application. If, without any justified reason, the time limit for making 
response is not met, the application shall be deemed to have been withdrawn.

Article 38. Where, after the applicant has made the observations or amendments, 
the Patent Administration Department Under the State Council finds that the 
application for a patent for invention is still not in conformity with the 
provisions of this Law, the application shall be rejected.

Article 39. Where it is found after examination as to substance that there is no cause for rejection of the application for a patent for invention, the patent 
administration department under the State Council shall make a decision to grant 
the patent right for invention, issue the certificate of patent for invention, 
and register and announce it. The patent right for invention shall take effect 
as of the date of the announcement.

Article 40. Where it is found after preliminary examination that there is no 
cause for rejection of the application for a patent for utility model or design, 
the patent administration department under the State Council shall make a 
decision to grant the patent right for utility model or the patent right for 
design, issue the relevant patent certificate, and register and announce it. The 
patent right for utility model or design shall take effect as of the date of the 
announcement.

Article 41. The patent administration department under the State Council shall 
set up a Patent Reexamination Board. Where an applicant for patent is not 
satisfied with the decision of the said department rejecting the application, 
the applicant may, within three months from the date of receipt of the 
notification, request the Patent Reexamination Board to make a reexamination. 
The Patent Reexamination Board shall, after reexamination, make a decision and 
notify the applicant for patent.
Where the applicant for patent is not satisfied with the decision of the Patent 
Reexamination Board, it or he may, within three months from the date of receipt 
of the notification, institute legal proceedings in the people’s court.

Chapter V Duration, Cessation and Invalidation of Patent Right

Article 42. The duration of patent right for inventions shall be twenty years, 
the duration of patent right for utility models and patent right for designs 
shall be ten years, counted from the date of filing.

Article 43. The patentee shall pay an annual fee beginning with the year in 
which the patent right was granted.

Article 44. In any of the following cases, the patent right shall cease before 
the expiration of its duration:
(1) where an annual fee is not paid as prescribed;
(2) where the patentee abandons his or its patent right by a written 
declaration.
Any cessation of the patent right shall be registered and announced by the 
Patent Administration Department Under the State Council. 

Article 45. Where, starting from the date of the announcement of the grant of 
the patent right by the patent administration department under the State Council, any entity or individual considers that the grant of the said patent 
right is not in conformity with the relevant provisions of this Law, it or he 
may request the Patent Reexamination Board to declare the patent right invalid.

Article 46. The Patent Reexamination Board shall examine the request for 
invalidation of the patent right promptly, make a decision on it and notify the 
person who made the request and the patentee. The decision declaring the patent 
right invalid shall be registered and announced by the patent administration 
department under the State Council.
Where the patentee or the person who made the request for invalidation is not 
satisfied with the decision of the Patent Reexamination Board declaring the 
patent right invalid or upholding the patent right, such party may, within three 
months from receipt of the notification of the decision, institute legal 
proceedings in the people’s court. The people’s court shall notify the person 
that is the opponent party of that party in the invalidation procedure to appear 
as a third party in the legal proceedings.

Article 47. Any patent right which has been declared invalid shall be deemed to 
be non-existent from the beginning.
The decision declaring the patent right invalid shall have no retroactive effect 
on any judgment or ruling of patent infringement which has been pronounced and 
enforced by the people’s court, on any decision concerning the handling of a 
dispute over patent infringement which has been complied with or compulsorily 
executed, or on any contract of patent license or of assignment of patent right 
which has been performed prior to the declaration of the patent right invalid; 
however, the damage caused to other persons in bad faith on the part of the 
patentee shall be compensated.
If, pursuant to the provisions of the preceding paragraph, the patentee or the 
assignor of the patent right makes no repayment to the licensee or the assignee 
of the patent right of the fee for the exploitation of the patent or of the 
price for the assignment of the patent right, which is obviously contrary to the 
principle of equity, the patentee or the assignor of the patent right shall 
repay the whole or part of the fee for the exploitation of the patent or of the 
price for the assignment of the patent right to the licensee or the assignee of 
the patent right.

Chapter VI Compulsory License for Exploitation of Patent

Article 48. Where any entity which is qualified to exploit the invention or 
utility model has made requests for authorization from the patentee of an 
invention or utility model to exploit its or his patent on reasonable terms and 
conditions and such efforts have not been successful within a reasonable period 
of time, the Patent Administration Department Under the State Council may, upon 
the request of that entity, grant a compulsory license to exploit the patent for 
invention or utility model.

Article 49. Where a national emergency or any extraordinary state of affairs 
occurs, or where the public interest so requires, the Patent Administration 
Department Under the State Council may grant a compulsory license to exploit the 
patent for invention or utility model.

Article 50. Where the invention or utility model for which the patent right has 
been granted involves important technical advance of considerable economic 
significance in relation to another invention or utility model for which a 
patent right has been granted earlier and the exploitation of the later 
invention or utility model depends on the exploitation of the earlier invention 
or utility model, the patent administration department under the State Council 
may, upon the request of the later patentee, grant a compulsory license to 
exploit the earlier invention or utility model.
Where, according to the preceding paragraph, a compulsory license is granted, 
the Patent Administration Department Under the State Council may, upon the 
request of the earlier patentee, also grant a compulsory license to exploit the 
later invention or utility model.

Article 51. The entity or individual requesting, in accordance with the 
provisions of this Law, a compulsory license for exploitation shall furnish 
proof that it or he has not been able to conclude with the patentee a license 
contract for exploitation on reasonable terms and conditions.

Article 52. The decision made by the patent administration department under the 
State Council granting a compulsory license for exploitation shall be notified 
promptly to the patentee concerned, and shall be registered and announced.
In the decision granting the compulsory license for exploitation, the scope and 
duration of the exploitation shall be specified on the basis of the reasons 
justifying the grant. If and when the circumstances which led to such compulsory 
license cease to exist and are unlikely to recur, the patent administration 
department under the State Council may, after review upon the request of the 
patentee, terminate the compulsory license. 

Article 53. Any entity or individual that is granted a compulsory license for 
exploitation shall not have an exclusive right to exploit and shall not have the 
right to authorize exploitation by any others.

Article 54. The entity or individual that is granted a compulsory license for 
exploitation shall pay to the patentee a reasonable exploitation fee, the amount 
of which shall be fixed by both parties in consultations. Where the parties fail 
to reach an agreement, the Patent Administration Department Under the State 
Council shall adjudicate.

Article 55. Where the patentee is not satisfied with the decision of the patent 
administration department under the State Council granting a compulsory license 
for exploitation, or where the patentee or the entity or individual that is 
granted the compulsory license for exploitation is not satisfied with the ruling 
made by the patent administration department under the State Council regarding 
the fee payable for exploitation, it or he may, within three months from the 
receipt of the date of notification, institute legal proceedings in the 
people’s court.

Chapter VII Protection of Patent Right

Article 56. The extent of protection of the patent right for invention or 
utility model shall be determined by the terms of the claims. The description 
and the appended drawings may be used to interpret the claims.
The extent of protection of the patent right for design shall be determined by 
the product incorporating the patented design as shown in the drawings or 
photographs.

Article 57. Where a dispute arises as a result of the exploitation of a patent 
without the authorization of the patentee, that is, the infringement of the 
patent right of the patentee, it shall be settled through consultation by the 
parties. Where the parties are not willing to consult with each other or where 
the consultation fails, the patentee or any interested party may institute legal 
proceedings in the people’s court, or request the administrative authority for 
patent affairs to handle the matter. When the administrative authority for 
patent affairs handling the matter considers that the infringement is 
established, it may order the infringer to stop the infringing act immediately. 
If the infringer is not satisfied with the order, he may, within 15 days from 
the date of receipt of the notification of the order, institutes legal 
proceedings in the people’s court in accordance with the Administrative 
Procedure Law of the People’s Republic of China. If, within the said time 
limit, such proceedings are not instituted and the order is not complied with, 
the administrative authority for patent affairs may approach the people’s court 
for compulsory execution. The said authority handling the matter may, upon the 
request of the parties, mediate in the amount of compensation for the damage 
caused by the infringement of the patent right. If the mediation fails, the 
parties may institute legal proceedings in the people’s court in accordance 
with the Civil Procedure Law of the People’s Republic of China.
Where any infringement dispute relates to a patent for invention for a process 
for the manufacture of a new product, any entity or individual manufacturing the 
identical product shall furnish proof to show that the process used in the 
manufacture of its or his product is different from the patented process. Where 
the infringement relates to a patent for utility model, the people’s court or the administrative authority for patent affairs may ask the patentee to furnish 
a search report made by the patent administration department under the State 
Council. 

Article 58. Where any person passes off the patent of another person as his own, 
he shall, in addition to bearing his civil liability according to law, be 
ordered by the administrative authority for patent affairs to amend his act, and 
the order shall be announced. His illegal earnings shall be confiscated and , in 
addition, he may be imposed a fine of not more than three times his illegal 
earnings and, if there is no illegal earnings, a fine of not more than RMB 
50,000 yuan. Where the infringement constitutes a crime, he shall be prosecuted 
for his criminal liability.

Article 59. Where any person passes any non-patented product off as patented 
product or passes any non-patented process off as patented process, he shall be 
ordered by the administrative authority for patent affairs to amend his act , 
and the order shall be announced, and he may be imposed a fine of no more than 
RMB 50,000 yuan.

Article 60. The amount of compensation for the damage caused by the infringement 
of the patent right shall be assessed on the basis of the losses suffered by the 
patentee or the profits which the infringer has earned through the infringement. 
If it is difficult to determine the losses which the patentee has suffered or 
the profits which the infringer has earned, the amount may be assessed by 
reference to the appropriate multiple of the amount of the exploitation fee of 
that patent under contractual license. 

Article 61. Where any patentee or interested party has evidence to prove that 
another person is infringing or will soon infringe its or his patent right and 
that if such infringing act is not checked or prevented from occurring in time, 
it is likely to cause irreparable harm to it or him, it or he may, before any 
legal proceedings are instituted, request the people’s court to adopt measures 
for ordering the suspension of relevant acts and the preservation of property.
The people’s court, when dealing with the request mentioned in the preceding 
paragraph, shall apply the provisions of Article 93 through Article 96 and of 
Article 99 of the Civil Procedure Law of the People’s Republic of China

Article 62. Prescription for instituting legal proceedings concerning the 
infringement of patent right is two years counted from the date on which the 
patentee or any interested party obtains or should have obtained knowledge of 
the infringing act.
Where no appropriate fee for exploitation of the invention, subject of an 
application for patent for invention, is paid during the period from the 
publication of the application to the grant of patent right, prescription for instituting legal proceedings by the patentee to demand the said fee is two 
years counted from the date on which the patentee obtains or should have 
obtained knowledge of the exploitation of his invention by another person. 
However, where the patentee has already obtained or should have obtained 
knowledge before the date of the grant of the patent right, the prescription 
shall be counted from the date of the grant.

Article 63. None of the following shall be deemed an infringement of the patent 
right:
(l) Where, after the sale of a patented product that was made or imported by the 
patentee or with the authorization of the patentee, or of a product that was 
directly obtained by using the patented process, any other person uses, offers 
to sell or sells that product;
(2) Where, before the date of filing of the application for patent, any person 
who has already made the identical product, used the identical process, or made 
necessary preparations for its making or using, continues to make or use it 
within the original scope only;
(3) Where any foreign means of transport which temporarily passes through the 
territory, territorial waters or territorial airspace of China uses the patent 
concerned, in accordance with any agreement concluded between the country to 
which the foreign means of transport belongs and China, or in accordance with 
any international treaty to which both countries are party, or on the basis of 
the principle of reciprocity, for its own needs, in its devices and 
installations;
(4) Where any person uses the patent concerned solely for the purposes of 
scientific research and experimentation.
Any person who, for production and business purposes, uses or sells a patented 
product or a product that was directly obtained by using a patented process, 
without knowing that it was made and sold without the authorization of the 
patentee, shall not be liable to compensate for the damage of the patentee if he 
can prove that he obtains the product from a legitimate source.

Article 64. Where any person, in violation of the provisions of Article 20 of 
this Law, files in a foreign country an application for a patent that divulges 
an important secret of the State, he shall be subject to disciplinary sanction 
by the entity to which he belongs or by the competent authority concerned at the 
higher level. Where a crime is established, the person concerned shall be 
prosecuted for his criminal liability according to the law.

Article 65. Where any person usurps the right of an inventor or creator to apply 
for a patent for a non-service invention-creation, or usurps any other right or 
interest of an inventor or creator, prescribed by this Law, he shall be subject 
to disciplinary sanction by the entity to which he belongs or by the competent 
authority at the higher level.


Article 66. The administrative authority for patent affairs may not take part in 
recommending any patented product for sale to the public or any such commercial 
activities.
Where the administrative authority for patent affairs violates the provisions of 
the preceding paragraph, it shall be ordered by the authority at the next higher 
level or the supervisory authority to correct its mistakes and eliminate the bad 
effects. The illegal earnings, if any, shall be confiscated. Where the 
circumstances are serious, the persons who are directly in charge and the other 
persons who are directly responsible shall be given disciplinary sanction in 
accordance with law. 

Article 67. Where any State functionary working for patent administration or any 
other State functionary concerned neglects his duty, abuses his power, or 
engages in malpractice for personal gain, which constitutes a crime, shall be 
prosecuted for his criminal liability in accordance with law. If the case is not 
serious enough to constitute a crime, he shall be given disciplinary sanction in 
accordance with law.


Chapter VIII Supplementary Provisions

Article 68. Any application for a patent filed with, and any other proceedings 
before, the Patent Administration Department Under the State Council shall be 
subject to the payment of a fee as prescribed.

Article 69. This Law shall enter into force on April l, 1985.

Contact information

ASEM cooperation centre for science technology and innovation will stick to the principle of “innovative developments; Cross-field collaborations; Openness and Tolerance; Mutual benefits” ; the Centre is aimed at promoting and carrying out dialogues and communications among Asian-European countries in the fields of Scientific-Technological Innovations and will make efforts on promoting the transferring from innovations to commercial appliances among those countries

  • Address

    Room 101, Block 2, No. 7 Sijiqing Rd. Haidian District, Beijing, 100195 China
    Beijing Municipal Commission of Science and Technology
  • Phone

    +86 010-88546387
  • Fax

    +86 010-88546387
  • Email

    info@aseminnovation.org.cn