(Adopted at the 4th Session of the Standing Committee of the
Sixth National People's Congress on 12 March, 1984)
Amended for the first time by the Decision Regarding the
Revision of the Patent Law of the People's Republic of China,
adopted at the 27th Session of the Standing Committee of the
Seventh National People's Congress on 4 September 1992
Amended for the second time by the Decision Regarding the
Revision of the Patent Law of the People's Republic of China,
adopted at the 17th Session of the Standing Committee of the
Ninth National People's Congress on August 25, 2000)
Chapter I:General Provisions
Article 1 This Law is enacted to protect patent
rights for inventions-creations,to encourage
inventions-creations, 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 Administrative Organ under the
State Council is responsible for the patent work nationwide,
receives and examines patent applications and grants patent
rights for inventions-creations that conform with the
provisions of this Law.
The authorities for patent work under the people's
governments of provinces, autonomous regions and
municipalities directly under the Central Government are
responsible for the patent administration work of their own
administrative areas.
Article 4 Where an invention-creation for which a
patent is applied 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.
Articles 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 by mainly using the material and technical means
of the entity, is a service invention. For a service
intention-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 intention-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.
For an invention-creation, made by a person by using the
material and technical means of the entity, and where the
entity and the inventor or creator has entered into an
agreement under which there is provision on who has right to
apply for a patent and to whom the patent right belongs, the
provisions of the agreement shall prevail.
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 for another entity or
individual, the right to apply for a patent belongs, unless
otherwise agreed upon, to the entity or individual which made,
or to the entities or individuals which 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 must conclude a written contract and
should register it with the patent administrative organ under
the State Council. The patent administrative organ shall
announce the registration. The assignment will come into force
upon the date of registration.
Article 11 After the grant of the patent right for
an invention or utility model, except as otherwise provided
for in the law, no entity or individual may, without the
authorisation of the patentee, exploit the patent, that is,
make, use, offer for sale, sell or import the patented
product; or use the patented process or use, offer for sale,
sell and 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 design, 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 person 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 For patent for invention belonging to
state-owned enterprises or entities, which are of great
significance to national or public interests, the competent
departments concerned of the State Council as well as the
people's governments of provinces, autonomous regions or
municipa1ities directly under the Central Government have the
power to decide, after approved by the State Council, the said
patented invention be spread and exploited within the
prescribed scope and to allow designated entities to exploit
it. The entities that exploit it shall, according to the
prescriptions of the State, pay exploitation fees to the
patentee.
Any patent for invention belonging to a Chinese entity
under collective ownership or an individual , which is of
great significance to national or public interests and is in
need of spreading and exploitation, 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 the patent
right shall award to the inventor or creator of a service
invention--creation a reward and, upon the exploitation of the
patented invention-creation, shall award to the inventor or
creator an appropriate remuneration based on the extent of
exploitation 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, he or it shall appoint
a patent agency designated by the patent administrative organ
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 agencies shall abide by the laws and
administrative regulations and shall deal with patent
applications and other patent matters according to the
commissions of the clients. Except for those applications that
have been published or announced, the agencies shall be
responsible for keeping confidential the content of its
clients' inventions-creations. The administrative regulations
for administering the patent agencies are 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 its or his domestic invention-creation, it or he
shall file first an application for patent with the patent
administrative organ under the State Council and, shall
appoint a patent agency designated by the said organ to act as
its or his agent. In this regard, the prescriptions of Article
4 in this law shall apply.
Any Chinese entity or individual may file an international
application for patent for its or his invention-creation,
according to the international treaties concerned to which
China is a party. The applicant for the international
application shall abide by the provisions of the preceding
paragraph.
The patent administrative organ under the State Council
shall handle the international application for patent in line
with the international treaty to which China is a party, this
Law and the administrative regulations concerned made by the
State Council.
Article 21 The patent administrative organ under the
State Council and the Patent Reexamination Board subordinated
thereto shall handle patent applications and requests
concerned according to law and in the spirit of objectiveness,
justice, precision and punctuality.
Until the publication or announcement of the application
for a patent, staff members of the patent administrative organ
and other personnel involved have the duty to keep its content
confidential.
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 administrative organ 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 collide with any legal prior
rights obtained by 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:
(1) 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 ski11ed 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 sha1l be submitted, and the product incorporating the
design and the class to which that product be1ongs sha1l be
indicated.
Article 28 The date on which the Patent Office
receives the app1ication sha11 be the date of filing. If the
app1ication is sent by mai1, the date of mailing indicated by
the postmark shal1 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
administrative organ 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 sha11 be limited to one invention or uti1ity
mode1. Two or more inventions or utility mode1s belonging to a
single genera1 inventive concept may be filed as one
application.
An app1ication 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 administrative organ 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 administrative organ
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 administrative organ 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 administrative organ 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 it 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 administrative
organ under the State Council may ask the app1icant to furnish
in a prescribed 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, without any justified reason, the said documents
are not furnished within the prescribed time limit, the
application sha1l be deemed to have been withdrawn.
Article 37 Where the patent administrative organ
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 administrative organ
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
administrative organ 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 come into force upon
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 administrative organ 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 come into effect upon the
date of the announcement.
Article 41 The patent administrative organ under the
State Council shall set up a Patent Reexamination Board. Where
an applicant is not satisfied with the decision of the patent
administrative organ under the State Council rejecting his
application for patent, such 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 who made the request for
reexamination is not satisfied with the decision of the Patent
Reexamination Board, he or it 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 administrative organ under the State
Council .
Article 45. Where, starting from the date of the
announcement of the grant of the patent right by the patent
administrative organ 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, in
a timely manner, examine the request for invalidation of the
patent right, make a decision 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 administrative organ under the State Council .
Where any party 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 opponent party of the party
which has requested for the invalidation procedure to join the
proceedings as the third party.
Article 47 Any patent right which has been declared
invalid shall be deemed to be non-existent from the beginning.
The decision of invalidation shall have no retroactive
effect on any judgement or order on patent infringement which
has been pronounced and enforced by the people's court, on any
decision concerning the handling of patent infringement which
has been implemented or enforced, and on any contract of
patent license and of assignment of patent right which have
been performed, prior to the decision of invalidation;
however, the damages 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,
no repayment, by the patentee or the assignor of the patent
right to the licensee or the assignee of the patent right, of
the fee for the exploitation of the patent or the price for
the assignment of the patent right 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 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 THE
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
such efforts have not been successful within a reasonable
period of time, the patent administrative organ under the
State Council may, upon the application 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 administrative organ 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 was granted is of important technical
advance of considerable economic significance compared with
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 administrative
organ 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 administrative organ 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.
Article 52 The decision made by the patent
administrative organ under the State Council granting a
compulsory license for exploitation shall be notified to the
patentee concerned as soon as reasonably practicable and shall
be registered and announced.
The decision of the patent administrative organ under the
State Council granting a compulsory license for exploitation
shall limit the scope and duration of the exploitation 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 administrative
organ under the State Council may, upon the request of the
patentee, terminate the compulsory license after examination.
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 administrative
organ under the State Council shall adjudicate.
Article 55 Where the patentee is not satisfied with
the decision of the patent administrative organ 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 is not satisfied with the
adjudication made by the patent administrative organ under the
State Council regarding the exploitation fee payable for
exploitation, he or it may, within three months from the
receipt of the 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 anyone exploits a patent without
the authorization of the patentee, he or it constitutes an
infringement on the patent right of the patentee. For the
disputes resulting from the infringement, the parties
concerned may settle it by themselves through consultation.
Where the parties are not willing to settle the disputes
through consultation or where the consultation fails to reach
an agreement, the patentee or any interested party may
institute 1egal proceedings in the people's court or to
request the authorities for patent work to hand1e the matter.
Where the authorities for patent work considers the
infringement well found, it has the power to order the
infringer to stop infringement acts immediately. In case the
party concerned is not satisfied with the decision, he or it
may, within 15 days from the receipt of the notification of
the order, institutes legal proceedings in the people's court,
according to the Administrative Procedure Law of the People's
Republic of China. If such proceedings are not instituted
within the time limit and if the order is not complied with,
the authority for patent work may approach the peop1e's court
for compulsory execution. The authorities for patent work may,
upon the request of the parties concerned, mediate on the
damages concerned. If mediation does not work, the parties
concerned may lodge a lawsuit with the people's court
according to the Civil Procedure Law of the People's Republic
of China.
When any infringement dispute relates to a process patent
for the manufacture of a new product, any entity or individual
manufacturing the identical product shall furnish proof to the
effect that a different process is used in the manufacture of
its or his product. Where the infringement relates to a patent
for utility model, the people's court or the authority for
patent work may request the applicant to furnish search
reports made by the patent administrative organ under the
State Council.
Article 58 Where any person passes off the patent of
another person, except for bearing civil liabilities according
to law, he shall be ordered to amend his acts by the
authorities for patent work and the order shall be announced.
The illegal income of the said person shall be confiscated. He
may be coupled with a fine of no more than 3 times of his
illegal income and, where there is no illegal income, he may
be imposed a fine of no more than 50,000 RMB. 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
authority for patent work to amend his acts and the order
shall be announced. The said person may be imposed a fine of
no more than 50,000 RMB.
Article 60 The amount of damages for infringing a
patent right shall be calculated according to the losses
suffered by the patentee or the profits gained by the
infringer out of the infringement. If it is too difficult to
determine the damages based on such losses of the patentee or
the profits of the infringer, the appropriate times of the
royalties for licenses for the said patent may be applied
mutatis mutandis.
Article 61 Where a patentee or any interested party
who can provide any reasonable evidence that his right is
being infringed or that such infringement is imminent, and any
delay to stop the acts is likely to cause irreparable harm to
his or its legitimate rights, he or it may, before instituting
legal proceedings, request the people's court to order the
suspension of related acts and to provide property
preservation.
The people's court, when dealing with requests referred to
in the preceding paragraph, the provisions of Articles 93 to
96 and Article 99 of the Civil Procedure Law of the People's
Republic of China shall apply.
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 the license fee is not paid for the use of a patent
for invention during the period when the said application is
published and up to its being granted the patent right, the
prescription for instituting legal proceedings by the patentee
for requesting royalties is two years counted from the date on
which the patentee obtains or should have obtained knowledge
of the use of his patented invention by the user. However,
where the patentee has already obtained or should have
obtained the knowledge of the use of his invention before the
date of granting the patent right, the prescription shall be
counted from the date on which the patent right is granted .
Article 63 None of the following shall be deemed an
infringement on 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 that was directly obtained by using the
patented process, any other person uses, offers for sale 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 territorial lands, 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 without knowing that it was made
and sold without the authorization of the patentee, shall not
be responsible for the damages caused so long as he proves
that he obtains the product from legitimate channels of
distribution;
Article 64 Where any person, in violation of the
provisions of Article 20 of this Law, unauthorizedly 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. If the
circumstances are serious, he shall be prosecuted for his
criminal liability according to 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 authorities for patent work should
not participate in any such commercial activities as to
recommend patented products to the public.
Where any authorities for patent work violates the
provisions of the preceding paragraph, it shall be ordered to
amend its ways and to eliminate its bad influence by its
competent authority at the higher level or by the supervisory
authority, and its illegal income shall be confiscated. Where
the circumstances are serious, any person directly responsible
or any other person who are directly involved shall be subject
to disciplinary sanction according to law.
Article 67 Where any staff member of the government
organs for patent administration or of other related
government organs constitutes a crime by ignoring his duty,
abusing his official power, acting wrongfully out of personal
considerations or committing fraudulent acts, he shall be
subject to criminal sanction. If a crime is not constituted,
he shall be subject to disciplinary sanction according to law.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 68 Any application for a patent filed with,
and any other proceedings before, the patent administrative
organ 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.
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