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
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.
Source: Ministry of Science and Technology