Duties invention patent rights belong to that unit; Upon approval of the application, the units of the patentee.
The non-service invention-creation, patent rights belong to the inventor or designer; Upon approval of the application, the inventor or designer artificial patentee.
Use of the unit and the material and technical conditions for an invention, unit and the inventor or designer, a contract for the rights of patent applications and patents on the ownership agreement, from the agreement.
The seventh of the inventor or designer of non-service invention patent applications, and any unit or individual is allowed to suppress.
The 8th of two or more units or individuals in cooperation inventions, a unit or individual to accept other units or individuals commissioned by the completion of the invention, unless otherwise agreed upon, the right to apply for a patent is completed or completed by units or individuals; Upon approval of the application, the application the units or individuals to the patentee.
9 more than two applicants on the same invention patent applications and patents granted for the first person.
The 10th of the right of patent application and patent rights can be transferred.
Chinese units or individuals to foreigners the right to the transfer of patent applications or patents must be approved by the State Council for approval.
The transfer of the right of patent applications or patents, the parties shall enter into a written contract to the State Department to register the patent administration departments, the patent administration by the State Council departments to give notice. The right of patent application or the transfer of the franchise from the date of registration in force.
Article 11 of the invention or utility model patents were granted, except as otherwise provided in this Act, any unit or individual without the permission of the patentee shall implement its patent, it may not be operating for the purpose of production, manufacture, use, promise to sell, import its patented product, or so using its patented method of use, promise to sell, or import the patented method of direct access to products.
Designs was awarded the franchise, any unit or individual without the permission of the patentee shall implement its patent, it may not be operating for the purpose of manufacturing production, sale, import their designs patented products.
Article 12, any unit or individual to implement the patent, the patentee should be written licensing contracts to pay franchise royalties. Licensee has no right other than those stipulated in the contract to allow any unit or individual to implement the patent.
Article 13 of the invention patent applications published, the applicant may be required to implement its invention of the units or individuals to pay the appropriate fees.
The 14th of the state-owned enterprises and institutions of the patent, the national interest or public interests is of great significance, the competent departments of the State Council and provincial, autonomous regional and municipal governments, was approved by the State Council, will decide on the approval of the application within the scope of allowing the implementation of the designated units, by implementing units in accordance with state regulations to pay franchise fees.
China collectively owned units and individual invention patents, or national interests of the public interest is of great significance to the need to promote application of the provisions of the preceding paragraph reference.
The 15th of the franchise had the right to patent its products or packaging of the product to indicate on a patent marking and patent number.
Article 16 franchise units should be a service invention-creation of the inventor or designer award; Invention patent, and according to its application to the scope and the economic benefits of the inventor or designer shall be given reasonable remuneration.
The 17th of the inventor or designer in a patent document clearly state that he is the inventor or designer's rights.
Article 18 in China had no regular residence or place of business by foreigners, foreign enterprises or other foreign organizations applying for patents in China, according to which they belong with the agreements signed between China, or to join the international treaty, or in accordance with the principle of reciprocity, for under this Act.
Article 19 in China had no regular residence or place of business by foreigners, foreign enterprises or other foreign organizations applying for patents in China, and handle other patent matters, the State Council should be entrusted patent administration departments designated patent agency.
Chinese units or individuals in the domestic patent applications and other patent matters for the commission patent agency.
Patent agencies should abide by the laws and administrative regulations, in accordance with the agent was asked to process patent applications or other patent matters; On behalf of the invention and creation of content, with the exception of patent applications has been published or notice, with the duty of confidentiality. The patent agency specific management measures by the State Council.
20 Chinese units or individuals in China will complete its inventions to foreign patent applications, the State Council should first patent administration departments to apply for patents, commissioned its designated patent agency and comply with the law of the fourth.
Chinese unit or individual can participate in the People's Republic of China under the relevant international treaties international patent applications. Applicants applying for an international patent, should abide by provisions in the preceding section.
The State Council, in accordance with the patent administration departments of the People's Republic of China to participate in relevant international treaties, the law and the State Council's regulations on international patent applications.
Article 21 of the State Council, the patent administration departments and the patent reexamination board shall, in accordance with an objective, fair, accurate and timely, according to the law relating to patent applications and requests.
The patent application publication or public announcement, the patent administration department of the State Council's work and the personnel of its content with the duty of confidentiality.

                                          The second chapter of a franchise

Article 22 granted patents of inventions and utility models, should have the novelty, creativity and practicality.
Novelty, the application is not prior to the date of the same invention or utility model in the domestic and foreign publications have openly expressed, in public or used in other ways for the public know of no same invention or utility model to others by the State Council, the patent administration departments raised in the application and records applications after the patent application documents.
Creative is referring to the same prior to the date of application for the technology has been compared to the invention are prominent features of the substantive and significant progress in the application of a new features and substantial progress.
Practicality, was referring to the invention or utility model to the manufacture or use, and can have a positive effect.
Article 23 granted patents designs, it should be prior to the date of application with the foreign publication been published or publicly used in domestic designs vary and are not similar, and not with others, obtained earlier by the legitimate right of the conflict.
Article 24 of the patent application for an invention prior to the date of the application within six months, one of the following situations without loss of novelty :
(1) of the Chinese government organized or recognized in the international exhibition on display for the first time;
(2) in the academic meetings or technical meetings on the first publication;
(3) the applicant to others without the consent of leaking its contents.
The 25th of the following, a franchise :
(1) scientific discoveries;
(2) Intelligence activities of the rules and methods;
(3) disease diagnosis and treatment methods;
(4) animal and plant varieties;
(5) using the nucleus transform the material was obtained.
The above paragraph (4) above the production method, in accordance with the provisions of this Law franchise.

                                          The third chapter of patent applications

Applications for the 26th of invention or utility model patents, and should be submitted to the request, brochures and summary and the right books and other documents.
The request should state the invention or utility model name, the inventor or designer's name, name of applicant or names and addresses, and other issues.
Brochures should invention or utility model to provide clear, complete statements, to the respective technical field technicians to achieve prevail; When necessary, and should be attached map. Abstract should be brief description of the invention or utility model of technical points.
Book claims to be based on the statement, calling the scope of patent protection.
Article 27 of the exterior design patent application, the request should be submitted to the designs and images such as photographs or documents, and should be written using the design of products and their respective categories.
The 28th of the State Council, the patent administration departments received patent application documents for the date of the application. If the application is mailed document, sent to the postmark date of the application.
Since the 29th of the applicants invention or utility model in the first foreign patent applications for the day within 12 months, or since the designs of the first foreign patent application within six months of the date, in China on the same theme of the filing of patent applications, in accordance with the Chinese foreign signed with the agreement or to join the international treaty, or in accordance with the mutual recognition of the principle of priority can be given priority.
Applicants from the invention or utility model in China for the first time to file patent applications for the date of 12 months, the State Council also patent administration departments on the same theme of the filing of patent applications, can enjoy priority.

The 30th applicant requested priority, the application should be made when a written statement, and within three months of the first patent application copies of the document; No written statement or to submit overdue copy of the patent application documents, did not request as a priority.
An Article 31 of the invention or utility model patent applications should be limited to an invention or utility model. A total belonging to the invention of the idea of the two above invention or utility model can be used as an application.
A design patent applications should be limited to a product used in a design. For the same categories and sets sale or use of the product over the two designs can be used as an application.
32 of the applicants were granted patents withdrawn at any time prior to its patent application.
33 of the applicants may file their patent application changes, but for practical inventions and patents of new amendments to the document should not exceed the original brochures and the right book records the scope of the exterior design patent application documents shall not exceed the original amendment pictures or photos, said the scope.

                                          The fourth chapter of patent applications for the review and approval

34th Chief of the State Council departments received patent applications for invention patents, after a preliminary review that meet requirements of the Act, since the date of the application for 10 months, will be announced. Chinese patent administration departments under the applicant's request early publication of the application.
The 35th of the invention patent applications since the application within three years, the Chinese patent administration departments under the applicant at any time, at the request of the application for substantive review; Applicants request unjustified overdue review of the essence, the application shall be deemed withdrawn.
Chinese patent administration departments when necessary, to be self-invention patent applications substantive review.
The 36th of the invention patent applicants requesting review of the substance, should be submitted with the application before the invention of reference materials.
Patents have been filed in a foreign country over the application, the patent administration department of the State Council may require the applicant to submit within a specified period of the country to review its application for the retrieval of information or information on the results of the review; Failure to submit overdue, the application shall be deemed withdrawn.
The 37th of the State Council, the patent administration departments of the invention patent applications substantive review, considered incompatible with the provisions of this law, the applicant should be informed that its request within a specified period representations, or to amend its application; Unjustified overdue reply, the application shall be deemed withdrawn .
The 38th of the invention patent applications by the applicant or representations for revision, the State Council, the patent administration departments are considered incompatible with the provisions of this law, shall be dismissed.
Article 39 of the invention patent application for the substantive review found no cause for rejection, the patent administration by the State Council departments award for invention patents made the decision to invention patent certificate and the registration and public notice. Since the invention patents notice shall take effect.
The 40th of the utility model and design patent applications by the initial review found no cause for rejection, the patent administration by the State Council departments granted utility model patents or designs franchise decision and issue the relevant patent certificate and the registration and public notice. The application of a new franchise, and designs the franchise since the date of its announcement effect.
41 Chinese patent administration departments patent reexamination board. The patent applicant to the patent administration department of the State Council to reject the application unconvinced by the decision, since the date of receipt of the notification, within three months, the patent reexamination board to review the request. The patent reexamination board review, make a decision and notify the patent applicant.
The patent applicant of the patent reexamination board of review against the decision, it received notice from the date of the people's court within three months.

                                          The fifth chapter of the franchise period, terminate and void

The invention of the 42nd franchise for a period of 20 years, utility model patents and design patents for a period of 10 years, both from the application date.
43 of the patentee shall be awarded the franchise beginning in payment of annual charges.
Article 44 is one of the following cases, the franchise is terminated before the expiry of the period :
(1) There is no requirement to pay an annual fee;
(2) the patentee a written statement to give up its franchise.
The franchise is terminated before the expiry of the patent by the State Council and the executive branch to register notice.
Since the State Council of the 45th patent administration departments franchise Notice the date that any units or individuals that the franchise granted inconsistent with the relevant provisions of the Act, may request that the patent reexamination board to declare that the patent invalid.
The 46th of the patent reexamination board to declare invalid the patent should promptly review and make a decision and notify the requester and patentee. The patent declared invalid, the patent administration by the State Council departments registration and public notice.
The patent reexamination board declared invalid patents or maintain patent unconvinced by the decision, it received notice from the date of the people's court within three months. The people's court should be declared invalid request notification procedures of the other party as a third party.
Article 47 declared invalid as the franchise from the beginning that does not exist.
The franchise declared invalid the decision to declare the patent invalid before the People's Court and the implementation of the patent infringement decisions and rulings, have fulfilled or enforcement of patent infringement disputes, and have fulfilled patent licensing contracts and the transfer of the franchise contract, do not have retrospective effect . However, due to the patentee for the malicious damage caused to others, should be given compensation.
If accordance with the above provisions, patents or patent right not to transfer the patent licensee or the return of the franchise assignee royalties or franchise transfer fee obviously violates the principle of fairness, patents or patent right assignor shall be permitted to patent or patent assignee return all or part of the patent royalty or patent assignment.

                                          The sixth chapter of compulsory patent licensing

With 48 of the conditions for the units to request reasonable conditions invention or utility model patents permission to implement its patented, but not in a reasonable length of time obtaining such permission, the State Council, the patent administration departments under the unit, the applicant can give implementation of the invention or utility model patent professionals Lee's compulsory licensing.
The 49th of the national state of emergency or extraordinary circumstances, or for the interests of the public, the State Council, the patent administration departments can grant a patent or utility model patents, a compulsory license.
The 50th of a patented invention or utility model has been made over the previous franchise invention or utility model has significant economic significance of a major technological advancement, its implementation is dependent on a prior invention or utility model for the implementation of the State Council under the patent administration departments after a franchise of the application, before implementation can give an invention or utility model of compulsory licensing.
In accordance with the above provisions to grant compulsory licensing, under the circumstances, the State Council under the patent administration departments before a franchise of the application can also be given to the implementation of an invention or utility model of compulsory licensing.
In accordance with Article 51 of this Act provides for the implementation of compulsory licensing unit or individual shall be unable to make reasonable conditions and the franchise to sign licensing contracts proof.
Article 52 of the State Council, the patent administration departments to make the grant compulsory licensing decisions should be promptly notify the patentee, and the registration and public notice.

Given the implementation of compulsory licensing decisions should be based on the grounds for mandatory licensing requirements are imposed on the scope and time.

The 59th of unpatented products bogus patents to generic methods of bogus patents, the patent departments ordered to make corrections to the notice shall be liable 50,000 fine.
The 60th patent infringement of the amount of compensation, according to human rights violations due to the losses incurred by the infringer, or because of the infringement was of interest to determine; The infringement of the loss or the infringer was difficult to determine the interests of the light of the patent license fees to an amount determined reasonable.

61 franchise or interested party has proof that another person is committing or about to commit a violation of its franchise, if not stopped, will cause the legitimate rights and interests irreparable damage, the prosecution application to the people's court to order a stop of the act and property protection measures .
The people's courts to deal with the above applications, apply the "PRC Civil Procedure Law," Article 93 to Article 96 and 99 of the provisions.
Article 62 of the patent infringement litigation for the Aging, 2002, since the patentee or interested to know or should know the date of violations calculation.

Patent applications after the publication of the franchise granted to the former use of the invention did not pay the appropriate fees, royalties were asked to pay fees to use the statute of limitations for 2002, since the patentee know, or should know others use their date of invention, however, the patentee from the date of patent grant in i.e. know, or should know, since the franchise granted the date of calculation.
Article 63 is one of the following conditions is not considered patent infringement :
(1) the patentee to manufacture, import or by the permission of the patentee to manufacture, import patented products or in accordance with the method of direct access to patented products sold after use, promise to market or sell the product;
(2) the patent application is already manufacturing the same product, used the same method, or made the manufacture, use the necessary preparations, and only within the original scope continue to manufacture, use;
(3) Temporary China's territorial land, territorial waters and airspace of foreign carriers, according to which they belong with the agreements signed between China, or to join the international treaty, or in accordance with the principle of reciprocity, for its own needs and in its installations and equipment related to the use of the patent;
(4) specifically for scientific research and experimentation and the use of the patent.
For production purposes, or sales did not know that without the permission of the patentee and the manufacture and sale of patented products or in accordance with the method of direct access to patented products, can prove that their products are legitimate sources, is not liable.

The 64th violation of the provisions of Article 20 of this Act to foreign patent applications and leaking state secrets, by the host unit or higher authorities be given administrative punishment; Constitute a crime, to be held criminally responsible.
The 65th of plunder inventor or designer of non-service invention patent application rights and the provisions of this law and other entitlements, by the host unit or higher authorities be given administrative punishment.
The 66th of the patent work in the department may recommend to the community patent products business activities.
Patent violation of the department rules in the preceding paragraph by its superior organ or supervisory authorities have ordered corrective action and eliminate, illegal income confiscated; In serious cases, the direct responsibility of managers and other personnel who are directly responsible shall be given administrative punishments.
The 67th of the patent engaged in the management of state personnel, and other relevant state organs staff dereliction of duty, abuse of power, bending, which constitute a crime, to be held criminally responsible; But do not constitute a crime, shall be given administrative punishment.

                                          Chapter VIII

Article 68 of the patent administration to the State Council departments and patent applications for other procedures, should be in accordance with the provisions of the payment of a fee.
The 69th of this law since April 1, 1985 has come into effect.