WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/CHN/I/1
8 July 2002
(02-3796)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
CHINA
The present document reproduces the text1 of the Patent Law, as last amended on
25 August 2000, as notified by China under Article 63.2 of the Agreement (see document
IP/N/1/CHN/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
CHINE
Le présent document contient le texte
1 de la Loi sur les brevets, modifiée pour la dernière fois
le 25 août 2000, qui a été notifiée par la Chine au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/CHN/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
CHINA
En el presente documento se reproduce el texto
1 de la Ley de Patentes, modificada por última
vez el 25 de agosto de 2000, que China ha notificado en virtud de lo dispuesto en el párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/CHN/1).
                                                     
1 In English only.  The text in the original language will be available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées pourront consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/CHN/I/1
Page 2
PATENT LAW OF THE PEOP LE'S REPUBLIC OF CHINA
(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 th e 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)
TABLE OF CONTENTS
Chapter I General ProvisionsChapter II Requirements for Grant of Patent Right
Chapter III Application for Patent
Chapter IV Examination and Approval of Application for PatentChapter V Duration, Cessation and Invalidation of Patent RightChapter VI Compulsory License for Exploitation of PatentChapter VII Protection of Patent Right
Chapter VIII Supplementary ProvisionsIP/N/1/CHN/I/1
Page 3
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 applic ation of inventions-creations and to promote the
development and innovation of science and technol ogy 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.
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 mainly by using the material and technical means of the entity is a serviceinvention-creation. 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 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 isapproved, 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.IP/N/1/CHN/I/1
Page 4
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 ormunicipalities 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 en tity 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 ofspreading 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 sha1lbe 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.IP/N/1/CHN/I/1
Page 5
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 administrativeregulations 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 bythe 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 PatentAdministration 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 t echnology existing before the date of filing, the
invention has prominent substantive features and represents a notable progress and that the utilitymodel 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.IP/N/1/CHN/I/1
Page 6
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 filin g, 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 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.IP/N/1/CHN/I/1
Page 7
Article 28.   The date on which the Patent Administration Department Under the State Council
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 sa me 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 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 applicat ion 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 applicantIP/N/1/CHN/I/1
Page 8
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 St ate 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 fo r 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 sha1l 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.IP/N/1/CHN/I/1
Page 9
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 mayrequest 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 patentadministration 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 judgement 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 pate nt 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 a ssignee 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 thewhole 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.IP/N/1/CHN/I/1
Page 10
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 patenton 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 Administra tion 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, thepatent 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 thecircumstances 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 DepartmentUnder 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 notsatisfied 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.IP/N/1/CHN/I/1
Page 11
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 tointerpret 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 throughconsultation 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 notsatisfied 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 byreference to the appropriate multiple of the amount of the exploitation fee of that patent under
contractual license.IP/N/1/CHN/I/1
Page 12
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 a nd 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 shouldhave 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 yearscounted from the date on which the patentee obtains or should have obtained knowledge of the
exploitation of his invention by another person. Ho wever, 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 appli cation 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 agreementconcluded 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 thepatentee 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 authorityconcerned at the higher level. Where a crime is established, the person concerned shall be prosecuted
for his criminal liability according to the law.IP/N/1/CHN/I/1
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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 personswho 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. Ifthe 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.
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