Monday, December 17, 2007

Chinesepod - Patent Law of the People's Republic of China (2000)

BIZCHINA / Intellectual property

Patent Law of the People's Republic of China (2000)

Updated: 2006-04-17 14:45

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.

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