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Patent Law of the People's Republic of China (1)
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1985.04.01
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS

PATENT LAW OF THE PEOPLE'S REPUBLIC OF CHINA
 (Adopted at the Fourth Meeting of the Standing Committee of the
Sixth National  People's Congress and promulgated by order No. 11 of
the President of the People's Republic of China on March 12, 1984,
and effective as of April 1, 1985)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II CONDITIONS FOR THE GRANT OF PATENT RIGHTS
CHAPTER III APPLICATION FOR PATENTS
CHAPTER IV EXAMINATION AND APPROVAL OF PATENT APPLICATIONS
CHAPTER V TERM, TERMINATION AND INVALIDATION OF PATENT RIGHTS
CHAPTER VI COMPULSORY LICENCE FOR EXPLOITATION OF A PATENT
CHAPTER VII PROTECTION OF PATENT RIGHTS
CHAPTER VIII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
 @@  Article  1. This Law is formulated in order to protect patent
rights for invention-creations,  encourage  invention-creations and
facilitate  their popularization  and  application,  promote  the
development  of science and technology and meet the needs of the
socialist modernization.
 @@ Article 2. For the purpose of this Law, " invention-creation "
means inventions, utility models and designs.
 @@ Article 3. The Patent Office of the People's Republic of China
shall accept  and  examine patent applications and grant patent
rights  for invention-creations that conform to the provisions of this
Law.
 @@  Article  4. If an invention-creation for which a patent is
applied involves  national  security or other vital interests of
the state that require secrecy, the matter shall be treated in
accordance with the relevant provisions of the state.
  @@  Article  5.  No patent right shall be granted for any
invention-creation that  violates  the  laws  of the state, goes
against social morals or is detrimental to the public interest.
 @@  Article  6.  For  a job-related invention-creation made by any
person in execution of the tasks of the unit to which he belongs
or by primarily using the material resources of the unit, the right
to  apply  for  a  patent  shall  belong  to the unit. For an
invention-creation that is not job-related, the right to apply for a
patent shall belong to the inventor or designer. After an application
is  approved, if it was filed by a unit owned by the whole people,
the patent right shall be held by such unit; if it was filed by a
collectively  owned  unit or an individual, the patent right shall be
owned by such unit or individual.
 For  a  job-related invention-creation made by any staff member or
worker of a foreign-owned enterprise or a Chinese-foreign equity joint
venture within the territory of China, the right to apply for a patent
shall  belong  to the enterprise  or  joint  venture.  For  an
invention-creation  that  is  not job-related, the right to apply
for a patent shall belong to the inventor or designer. After the
application is approved, the patent right shall be owned by the
enterprise, joint venture or individual that applied for it.
 The  owners and holders of patent rights are uniformly referred to
herein as " patentees. "
 @@ Article 7. No unit or individual may suppress the application
of  an  inventor  or  designer  for a patent in respect of a
invention-creation that is not job-related.
 @@  Article 8. For an invention-creation made jointly by two or more
units, or  made by a unit in execution of a commission for research or
design given to  it by another unit, the right to apply for a patent
shall belong, unless otherwise agreed upon, to the unit which made
or the units which jointly made the invention-creation. After the
application is approved, the patent right shall be owned or held by the
unit or units that applied for it.
 @@  Article  9.  If  two or more applicants apply separately for a
patent on the same invention-creation, the patent right shall be
granted to the person who applied first.
 @@  Article 10. The right of patent application and the patent right
itself may be assigned.
 If  a unit owned by the whole people wishes to assign a right of
patent application  or a patent right, it must obtain the approval of
the competent authority at the next higher level.
 If  a Chinese unit or individual wishes to assign a right of
patent application  or  a  patent  right to a foreigner, it or he
must obtain the approval of the relevant competent department of the
State Council.
 In  cases where a right of patent application or a patent right is
assigned, the  parties must conclude a written contract, which shall
come into force after it is registered with and publicly announced by
the Patent Office.
 @@  Article  11.  After  the  grant  of the patent right for an
invention or utility  model,

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