PATENT LAW OF THE PEOPLE''S REPUBLIC OF CHINA

(Adopted at the 4th Session of the Standing Committee of the SixthNat
ional People''s Congress on March 12, 1984 Amended by the DecisionRe
garding the Revision of the Patent Law of the People''s Republic ofC
hina, adopted at the 27th Session of the Standing Committee of the
Seventh National People''s Congress on September 4, 1992)

Important Notice: In case of discrepancy, the original version in Chinese shall prevail.

Whole Document

PATENT LAW OF THE PEOPLE''S REPUBLIC OF CHINA
(Adopted at the 4th Session of the Standing Committee of the Sixth
National People''s Congress on March 12, 1984 Amended 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 September 4, 1992)
(Translated by the Patent Office of the People''s Republic of China.
In case of discrepancy, the original version in Chinese shall prevail.)

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 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 Office of the People''s Republic of China receives and examines
patent applications and grants patent rights for inventions-creations that
conform with the provisions of this Law.

Article 4.

Where the 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.

For a service 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 means of the entity, the right to apply for a patent belongs to
the entity. For any non service invention-creation, the right to apply for
a patent belongs to the inventor or creator. After the application is
approved, if it was filed by an entity under ownership by the whole
people, the patent right shall be held by the entity; if it was filed by
an entity under collective ownership or by an individual, the patent right
shall be owned by the entity or individual.
For a service invention-creation made by any staff member or worker of a
foreign enterprise, or of a Chinese-foreign joint venture enterprise,
located in China, the right to apply for a patent belongs to the
enterprise. For any non service invention-creation, the right to apply for
a patent belongs to the inventor or creator. After the application is
approved, the patent right shall be owned by the enterprise or the
individual that applied for it.
The owner of the patent right and the holder of the patent right are
referred to as "patentee".

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 made in cooperation by two or more entities, or
made by an entity in execution of a commission for research or designing
given to it by another entity, the right to apply for a patent belongs,
unless otherwise agreed upon, to the entity which made, or to the entities
which jointly made, the invention-creation. After the application is
approved, the patent right shall be owned or held by the entity or
entities that applied for it.

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 an entity under ownership by the whole people, of the right
to apply for a patent, or of the patent right, must be approved by the
competent authority at the higher level.
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, which will come into force after
it is registered with and announced by the Patent Office.

Article 11. [*2] [*3]

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 authorization of the patentee, make, use or sell the patented
product, or use the patented process and use or sell 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, make or sell the product,
incorporating its or his patented design, for production or business
purposes.
After the grant of the patent right, except as otherwise provided for in
the law, the patentee has the right to prevent any other person from
importing, without its or his authorization, the patented product, or the
product directly obtained by its or his patented process, for the uses
mentioned in the preceding two paragraphs.

Article 12.

Any entity or individual exploiting the patent of another must, except as
provided for in Article 14 of this Law, 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.

The competent departments concerned of the State Council and the people''s
governments of provinces, autonomous regions or municipalities directly
under the Central Government have the power to decide, in accordance with
the State plan, that any entity under ownership by the whole people that
is within their system or directly under their administration and that
holds the patent right to an important invention-creation is to allow
designated entities to exploit that invention-creation; and the exploiting
entity shall, according to the prescriptions of the State, pay a fee for
exploitation to the entity holding the patent right.
Any patent of a Chinese individual or entity under collective ownership,
which is of great significance to the interests of the State or to the
public interest and is in need of spreading and application, may, after
approval by the State Council at the solicitation of its competent
department concerned, be treated alike by making reference to the
provisions of the preceding paragraph.

Article 15.

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 owning or holding the 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 award to the inventor or creator
a reward based on the extent of spreading and application and the economic
benefits yielded.

Article 17.

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 shall 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 19.

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 State Council of the People''s
Republic of China 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.

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 the country,
it or he shall file first an application for patent with the Patent Office
and, with the sanction of the competent department concerned of the State
Council, shall appoint a patent agency designated by the State Council to
act as its or his agent.

Article 21.

Until the publication or announcement of the application for a patent,
staff members of the Patent Office and persons involved have the duty to
keep its content 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 applicability.
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 Office an application which described the identical invention
or utility model 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 or similar 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.

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 disclosed by any person without the consent of the
applicant.

Article 25. [*4]

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
relevant field of technology 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 shall be supported by the description and shall state the
extent of the patent protection asked for.

Article 27.

Where an application 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 belongs shall
be indicated.

Article 28.

The date on which the Patent Office receives the application shall be the
date of filing. If the application is sent by mail, the date of mailing
indicated by the postmark shall be the date of filing.

Article 29. [*5]

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 Office an application for a patent for the
same subject matter, he or it may enjoy a right of priority.

Article 30. [*6]

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 31.

An application for a patent for invention or utility model shall be
limited to one invention or utility 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 class 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. [*7]

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. [*8]

Where, after receiving an application for a patent for invention, the
Patent Office, 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 Office 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 Office 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 Office 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. The applicant for a patent for invention who
has filed in a foreign country an application for a patent for the same
invention shall, at the time of requesting examination as to substance,
furnish 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, the application shall be deemed to have been withdrawn.

Article 37.

Where the Patent Office, 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 Office 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. [*9]

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
Office shall make a decision to grant the patent right for invention,
issue the certificate of patent for invention, and register and announce
it.

Article 40. [*10]

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 Office 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.

Article 41. [*11]

Where, within six months from the date of the announcement of the grant of
the patent right by the Patent Office, 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 Office to
revoke the patent right.

Article 42. [*12]

The Patent Office shall examine the request for revocation of the patent
right, make a decision revoking or upholding the patent right, and notify
the person who made the request and the patentee. The decision revoking
the patent right shall be registered and announced by the Patent Office.

Article 43. [*13]

The Patent Office shall set up a Patent Reexamination Board. Where any
party is not satisfied with the decision of the Patent Office rejecting
the application, or the decision of the Patent Office revoking or
upholding the patent right, such party 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, the patentee or
the person who made the request for revocation of the patent right.
Where the applicant for a patent for invention, the patentee of an
invention or the person who made the request for revocation of the patent
right for invention 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.
The decision of the Patent Reexamination Board in respect of any request,
made by the applicant, the patentee or the person who made the request for
revocation of the patent right, for reexamination concerning a utility
model or design is final.

Article 44. [*14]

Any patent right which has been revoked shall be deemed to be nonexistent
from the beginning.

Chapter V DURATION, CESSATION AND INVALIDATION OF PATENT RIGHT

Article 45. [*15]

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 46.

The patentee shall pay an annual fee beginning with the year in which the
patent right was granted.

Article 47.

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 Office.

Article 48. [*16]

Where, after the expiration of six months from the date of the
announcement of the grant of the patent right by the Patent Office, 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 49.

The Patent Reexamination Board shall 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 Office.
Where any party is not satisfied with the decision of the Patent
Reexamination Board declaring the patent right for invention invalid or
upholding the patent right for invention, such party may, within three
months from receipt of the notification of the decision, institute legal
proceedings in the people''s court.
The decision of the Patent Reexamination Board in respect of a request to
declare invalid the patent right for utility model or design is final.

Article 50. [*17]

Any patent right which has been declared invalid shall be deemed to be
nonexistent 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 made and enforced by the administrative
authority for patent affairs, 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.
The provisions of the second and third paragraph of this Article shall
apply to the patent right which has been revoked.

Chapter VI COMPULSORY LICENSE FOR EXPLOITATION OF THE PATENT

Article 51. [*18]

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 Office may, upon the application of that entity, grant
a compulsory license to exploit the patent for invention or utility model.

Article 52. [*19]

Where a national emergency or any extraordinary state of affairs occurs,
or where the public interest so requires, the Patent Office may grant a
compulsory license to exploit the patent for invention or utility model.

Article 53.

Where the invention or utility model for which the patent right was
granted is technically more advanced than 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 Office
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 Office may, upon the request of the earlier patentee,
also grant a compulsory license to exploit the later invention or utility
model.

Article 54.

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 55.

The decision made by the Patent Office granting a compulsory license for
exploitation shall be registered and announced.

Article 56.

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 57.

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 Office shall adjudicate.

Article 58.

Where the patentee is not satisfied with the decision of the Patent Office
granting a compulsory license for exploitation or with the adjudication
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 59.

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 60.

For any exploitation of the patent, without the authorization of the
patentee, constituting an infringing act, the patentee or any interested
party may request the administrative authority for patent affairs to
handle the matter or may directly institute legal proceedings in the
people''s court. The administrative authority for patent affairs handling
the matter shall have the power to order the infringer to stop the
infringing act and to compensate for the damage. Any party dissatisfied
may, within three months from the receipt of the notification, institute
legal proceedings in the people''s court. If such proceedings are not
instituted within the time limit and if the order is not complied with,
the administrative authority for patent affairs may approach the people''s
court for compulsory execution.
When any infringement dispute arises, if the patent for invention is a
process for the manufacture of a new product, any entity or individual
manufacturing the identical product shall furnish proof of the process
used in the manufacture of its or his product. [*20]

Article 61.

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.

Article 62.

None of the following shall be deemed an infringement of the patent right:
(1) Where, after the sale of a patented product that was made by the
patentee or with the authorization of the patentee, any other person uses
or sells that product;
(2) Where any person uses or sells a patented product not knowing that it
was made and sold without the authorization of the patentee;
(3) 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;
(4) 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;
(5) Where any person uses the patent concerned solely for the purposes of
scientific research and experimentation.

Article 63.

Where any person passes off the patent of another person, such passing off
shall be treated in accordance with Article 60 of this Law. If the
circumstances are serious, any person directly responsible shall be
prosecuted, for his criminal liability, by applying mutatis mutandis
Article 127 of the Criminal Law.
Where any person passes any unpatented product off as patented product or
passes any unpatented process off as patented process, such person shall
be ordered by the administrative authority for patent affairs to stop the
passing off, correct it publicly, and pay a fine. [*21]

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 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.

Where any staff member of the Patent Office, or any staff member concerned
of the State, acts wrongfully out of personal considerations or commits
fraudulent acts, he shall be subject to disciplinary sanction by the
Patent Office or the competent authority concerned. If the circumstances
are serious, he shall be prosecuted, for his criminal liability, by
applying mutatis mutandis Article 188 of the Criminal Law.

Chapter VIII SUPPLEMENTARY PROVISIONS

Article 67.

Any application for a patent filed with, and any other proceedings before,
the Patent Office shall be subject to the payment of a fee as prescribed.

Article 68.

The implementing Regulations of this Law shall be drawn up by the Patent
Office and shall enter into force after approval by the State Council.

Article 69.

This Law shall enter into force on April 1, 1985.
This Decision [*22] shall enter into force on January 1, 1993. The
applications for patent filed before the entry into force of this Decision
and the patent rights granted on the basis of the said applications shall
continue to be governed by the provisions of the Patent Law before its
amendment. However, the procedures provided by the amended Articles 39 to
44 and the amended Article 48 of the Patent Law concerning the approval of
applications for patent, and the revocation and invalidation of the patent
right shall apply to the said applications which are not announced
according to the provisions of Articles 39 and 40 of the Patent Law before
its amendment. (Extract from 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
September 4, 1992)

[*1] This Table of Contents was established for the convenience of the
reader by the Patent Laws Research Institute of the Chinese Patent Office.
The text of the Patent Law adopted by the Standing Committee of the
National People''s Congress does not contain such a table and the Articles
have no titles in the Law.
[*2] The texts of those articles of the Law printed in boldface are
amended texts. The relevant old texts are, for the convenience of
reference, printed in the footnotes on the same page.
[*3] Old Article 11. After the grant of the patent right for an invention
or utility model, except as provided for in Article 14 of this Law, no
entity or individual may, without the authorization of the patentee,
exploit the patent, that is, make, use or sell the patented product, or
use 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 or sell the product, incorporating the patented design, for
production or business purposes.
[*4] Old 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) food, beverages and flavorings;
(5) pharmaceutical products and substances obtained by means of a chemical
process;
(6) animal and plant varieties;
(7) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4) to (6)
of the preceding paragraph, patent right may be granted in accordance with
the provisions of this Law.

[*5] Old Article 29.
Where any foreign applicant files an application in China within twelve
months from the date on which he or it first filed in a foreign country an
application for a patent for the identical invention or utility model, or
within six months from the date on which he or it first filed in a foreign
country an application for a patent for the identical design, he or it
may, in accordance with any agreement concluded between the country to
which he or it belongs 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,
that is, the date on which the application was first filed in the foreign
country shall be regarded as the date of filing.
Where the applicant claims a right of priority and where one of the events
listed in Article 24 of this Law occurred, the period of the right of
priority shall be counted from the date on which the event occurred.
[*6] Old Article 30. Any applicant who claims the right of priority shall
make a written declaration when the application is filed, indicating the
date of filing of the earlier application in the foreign country and the
country in which that application was filed, and submit, within three
months, a copy of that application document, certified by the competent
authority of that country; if the applicant fails to make the written
declaration or to meet the time limit for submitting the document, the
claim to the right of priority shall be deemed not to have been made.
[*7] Old Article 33. An applicant may amend his or its application for a
patent, but may not go beyond the scope of the disclosure contained in the
initial description.
[*8] Old Article 34. Where, after receiving an application for a patent
for invention, the Patent Office, upon preliminary examination, finds the
application to be in conformity with the requirements of this Law, it
shall publish the application within 18 months from the date of filing.
Upon the request of the applicant, the Patent Office publishes the
application earlier.
[*9] Old 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 Office shall make a decision, announce it and notify
the applicant.

[*10] Old Article 40. Where, after receiving the application for a patent
for utility model or design, the Patent Office finds upon preliminary
examination that the application is in conformity with the requirements of
this Law, it shall not proceed to examine it as to substance but shall
immediately make an announcement and notify the applicant.
[*11] Old Article 41. Within three months from the date of the
announcement of the application for a patent, any person may, in
accordance with the provisions of this Law, file with the Patent Office an
opposition to that application. The Patent Office shall send a copy of the
opposition to the applicant, to which the applicant shall respond in
writing within three months from the date of its receipt; if, without any
justified reason, the time limit for making the written response is not
met, the application shall be deemed to have been withdrawn.
[*12] Old Article 42. Where, after examination, the Patent Office finds
that the opposition is justified, it shall make a decision to reject the
application and notify the opponent and the applicant.

[*13] Old Article 43. The Patent Office shall set up a Patent
Reexamination Board. Where the applicant is not satisfied with the
decision of the Patent Office rejecting the application, he or it 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.
Where the applicant for a patent for invention is not satisfied with the
decision of the Patent Reexamination Board rejecting the request for
reexamination, he or it may within three months from the date of receipt
of the notification, institute legal proceedings in the people''s court.
The decision of the Patent Reexamination Board in respect of any request
by the applicant for reexamination concerning a utility model or design is
final.
[*14] Old Article 44. Where no opposition to the application for a patent
is filed or where, after its examination, the opposition is found
unjustified, the Patent Office shall make a decision to grant the patent
right, issue the patent certificate, and register and announce the
relevant matters.

[*15] Old Article 45. The duration of patent right for inventions shall be
15 years counted from the date of filing.
The duration of patent right for utility models or designs shall be five
years counted from the date of filing. Before the expiration of the said
term, the patentee may apply for a renewal for three years.
Where the patentee enjoys a right of priority, the duration of patent
right shall be counted from the date on which the application was filed in
China.
[*16] Old Article 48. Where, after the grant of the patent right, any
entity or individual considers that the grant of the said patent right is
not in conformity with the provisions of this Law, it or he may request
the Patent Reexamination Board to declare the patent right invalid.
[*17] Old Article 50. Any patent right which has been declared invalid
shall be deemed to be nonexistent from the beginning.
[*18] Old Article 51. The patentee himself or itself has the obligation to
make the patented product, or to use the patented process, in China, or
otherwise to authorize other persons to make the patented product, or to
use the patented process, in China.
[*19] Old Article 52. Where the patentee of an invention or utility model
fails, without any justified reason, by the expiration of three years from
the date of the grant of the patent right, to fulfil the obligation set
forth in Article 51, the Patent Office may, upon the request of an entity
which is qualified to exploit the invention or utility model, grant a
compulsory license to exploit the patent.
[*20] The old second paragraph of Article 60: When any infringement
dispute arises, if the patent for invention is a process for the
manufacture of a product, any entity or individual manufacturing the
identical product shall furnish proof of the process used in the
manufacture of its or his product.
[*21] This is a new paragraph added to Article 63.
[*22] This Decision relates to the amendments of Articles 11, 25, 29, 30,
33, 34, 39-45, 48, 50-52, 60 and 63 of the Patent Law.