专专权法.docVIP

PATENT LAW OF THE PEOPLES REPUBLIC OF CHINA 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． Article3． 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 peoples 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 i