Chapter I 

General Provisions

Article 1. This Law is enacted to protect the lawful rights and interests of patentees, to encourage invention-creation, to promote the exploitation of invention-creation, to enhance innovation capability, and to promote the advancement of science and technology and the development of economy and society. 

Article 2. For the purposes of this Law, "invention-creations" mean inventions, utility models and designs. 

"Invention" means any new technical solution proposed for a product, a process or the improvement thereof. 

"Utility model" means any new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use. 

"Design" means, with respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of the colour with shape or pattern, which is rich in an aesthetic appeal and is fit for industrial application. 

Article 3. The patent administration department under the State Council shall be responsible for the administration of the patent-related work throughout the country. It shall accept and examine patent applications in a uniform way, and grant patent rights in accordance with law. 

The departments in charge of patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administrative work concerning patents within their respective administrative areas. 

Article 4. Where an invention-creation for which a patent is applied for relates to national security or other major interests of the State and confidentiality needs to be maintained, the patent application shall be handled in accordance with the relevant prescriptions of the State. 

Article 5. No patent right shall be granted for any invention-creation that violates laws or social morality or that is detrimental to the public interests. 

No patent right shall be granted for any invention-creation where the acquisition or utilization of the genetic resources, on which the development of the invention-creation relies, violates the provisions of laws or administrative regulations. 

Article 6. An invention-creation that is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer, is a service invention-creation. For a service invention-creation, the right to apply for a patent belongs to the employer. After such application is approved, the employer shall be the patentee. The employer may, in accordance with the law, dispose of the right to apply for a patent for its service invention-creation and the patent right, thereby facilitating the exploitation and utilization of the relevant invention-creation. 

For a non-service invention-creation, the right to apply for a patent belongs to the inventor or designer. After the application is approved, the inventor or designer shall be the patentee. 

For an invention-creation that is accomplished by using the material and technical conditions of an employer, if the employer has concluded a contract with the inventor or designer providing the ownership of the right to apply for the patent or the ownership of the patent right, such provision shall prevail. 

Article 7. No entity or individual may prevent the inventor or designer from filing a patent application for a non-service invention-creation. 

Article 8. For an invention-creation accomplished by two or more entities or individuals in collaboration, or accomplished by an entity or an invention-creation accomplished 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 has accomplished the invention-creation, or to the entities or individuals that have accomplished the invention-creation in collaboration. After the application is approved, the entity(s) or individual(s) that has(have) filed the application shall be the patentee(s). 

Article 9. For any identical invention-creation, only one patent right shall be granted. However, where the same applicant files applications for both a utility model patent and an invention patent with regard to the identical invention-creation on the same day, if the utility model patent granted earlier has not been terminated and the applicant declares to abandon the utility model patent, the invention patent may be granted. 

If two or more applicants file patent applications for the identical invention-creation respectively, the patent right shall be granted to the applicant whose application was filed first. 

Article 10. The right to file a patent application and a patent right may be transferred. 

Where a Chinese entity or individual transfers the right to file a patent application or a patent right to a foreigner, a foreign enterprise or any other foreign organization, the transfer shall go through the formalities in accordance with the relevant laws and administrative regulations. 

Where the right to file a patent application or a patent right is transferred, the parties concerned shall enter into a written contract and register it with the patent administration department under the State Council. The patent administration department under the State Council shall make an announcement about the registration. The transfer of the right to file a patent application or the patent right shall take effect as of the date of registration. 

Article 11. After the grant of the patent for an invention or an utility model, except where otherwise provided for in this Law, no entity or individual may, without the authorization of the patentee, exploit the patentee's patent, that is, for production or business purposes, manufacture, 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. 

After the grant of the patent for an design, no entity or individual may, without the authorization of the patentee, exploit the patentee's patent, that is, for production or business purposes, manufacture, offer to sell, sell or import the products incorporating the patentee's patented design. 

Article 12. Any entity or individual exploiting the patent of another person shall enter into a license contract for exploitation with the patentee and pay the patentee a royalty 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, to exploit the patent. 

Article 13. After the publication of an invention patent application, the applicant may require the entity or individual exploiting the said invention to pay an appropriate amount of royalties. 

Article 14. Where the co-owners of the right to file a patent application or of the patent right have reached an agreement on the exercise of the right, the agreement shall prevail. In the absence of such an agreement, any co-owner may independently exploit the patent or license another person to exploit the patent through a non-exclusive license; any royalty for the exploitation obtained from licensing others to exploit the patent shall be distributed among the co-owners. 

Except for the circumstances as provided for in the preceding paragraph, the exercise of the co-owned right to file a patent application or the co-owned patent right shall be subject to the consent of all co-owners. 

Article 15. The entity that is granted a patent right shall reward the inventor or designer of a service invention-creation. After such patent is exploited, the entity shall pay the inventor or designer a reasonable remuneration based on the extent of spreading and application as well as the economic benefits yielded. 

The State encourages the entity that is granted a patent right to implement property right incentives, by such means as offering of stocks, options, and dividends, so that the inventor or designer can reasonably share the benefits of innovation.  

Article 16. The inventor or designer shall have the right to be named as such in the patent documents. 

The patentee shall have the right to have his patent indication displayed on the patented product or on the package of that product. 

Article 17. Where any foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China files a patent application in China, the application shall be handled under this Law in accordance with the agreements concluded between the country to which the applicant belongs and China, or in accordance with the international treaties to which both the countries are parties, or in accordance with this Law on the basis of the principle of reciprocity. 

Article 18. Where any foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China files a patent application or handles other patent-related matters in China, he or it shall entrust a legally established patent agency with the application or such matters. 

Where any Chinese entity or individual files a patent application or handles other patent-related matters in China, he or it may entrust a legally established patent agency with the application or such matters. 

The patent agency shall abide by laws and administrative regulations, and handle patent applications and other patent-related matters as entrusted by its principals. In respect of the contents of the principal's invention-creations, except for those that have been published or announced for patent application, the agency shall be obligated to keep them confidential. The specific measures for administration of the patent agencies shall be formulated by the State Council. 

Article 19. Where any entity or individual intends to file a patent application abroad in a foreign country for any an invention or utility model accomplished in China, it or he shall submit the matter to request the patent administration department under the State Council for confidentiality examination in advance. The procedures and duration etc. of the confidentiality examination shall be carried out in accordance with the regulations of the State Council. 

Any Chinese entity or individual may file for an international patent application in accordance with the relevant international treaties to which the People's Republic of China is a party. If an applicant files an international patent application, he or it shall abide by the provisions of the preceding paragraph. 

The patent administration department under the State Council shall deal with international patent applications in accordance with the relevant international treaties to which the People's Republic of China is a party, this Law and the relevant regulations of the State Council. 

For an invention or utility model, if a patent application has been filed in a foreign country in violation of the provisions of the first paragraph of this Article, it shall not be granted a patent right while filing a patent application in China. 

Article 20. The principle of good faith shall be followed when filing a patent application and exercising patent rights. The patent rights may not be abused to harm the public interests or the lawful rights and interests of others. 

For any misuse of patent rights for eliminating or restricting competition, if it constitutes a monopolistic conduct, it shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China. 

Article 21. The patent administration department under the State Council shall deal with any patent application and patent-related request in accordance with the law and in conformity with the requirements of objectivity, fairness, accuracy and timeliness. 

The patent administration department under the State Council shall strengthen the construction of a public service system for patent-related information, release patent-related information in a complete, accurate, and timely manner, provide basic data of patents, and publish patent gazettes on a regular basis, in order to promote dissemination and utilization of patent information. 

Prior to the publication or announcement of a patent application, the staff members of the patent administration department under the State Council and the related personnel shall be obligated to keep its contents confidential. 

Chapter II 

Requirements for Granting Patent Rights 

Article 22. Any invention or utility model for which a patent right is to be granted shall meet the requirements of novelty, inventiveness and practical use. 

Novelty means that, the invention or utility model does not form part of the prior art; no entity or individual has filed a patent application for the identical invention or utility model with the patent administration department under the State Council before the filing date and the content of the application is disclosed in patent application documents published or patent documents announced after the filing date.

Inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents an obvious progress, and that the utility model has substantive features and represents a progress. 

Practical use means that, the invention or utility model can be manufactured or used and can produce positive results. 

For the purpose of this Law, "the prior art" refers to any technology known to the public domestically and/or abroad before the filing date of patent application. 

Article 23. Any design for which a patent right is to be granted shall not be a prior design; no entity or individual has filed a patent application for the identical design with the patent administration department under the State Council before the filing date and the content of the application is disclosed in patent documents announced after the filing date. 

Any design for which a patent right may be granted shall significantly differ from a prior design or the combination of prior design features. 

Any design for which a patent right is granted must not conflict with the lawful rights acquired by any other person before the filing date. 

For the purpose of this Law, "a prior design" refers to any design known to the public domestically and/or abroad before the filing date. 

Article 24. Within six months before the filing date, an invention-creation for which a patent application is filed does not lose its novelty under any of the following circumstances: 

(1) where it was made public for the first time for the purpose of the public interests when a state of emergency or an extraordinary situation occurred in the country. 

(2) where it was exhibited for the first time at an international exhibition sponsored or recognized by the Chinese Government; 

(3) where it was published for the first time at a prescribed academic or technological conference; 

(4) where its contents are divulged by another person without the consent of the applicant. 

Article 25. No patent right shall be granted for any of the following: 

(1) scientific discoveries; 

(2) rules and methods for intellectual activities; 

(3) methods for the diagnosis or treatment of diseases; 

(4) animal and plant varieties; 

(5) nuclear transformation methods and substances obtained by means of nuclear transformation; 

(6) designs of two-dimensional printing goods, made of the pattern, the color or the combination of the two, which serve mainly as indicators. 

The patent right may, in accordance with the provisions of this Law, be granted for the production methods of the products specified in Subparagraph (4) of the preceding paragraph. 

Chapter III

Applications for Patents 

Article 26. Where a patent application for an invention or utility model is filed, documents such as a request, a description and its abstract, and claims shall be submitted. 

The request shall state the name of the invention or utility model, the name of the inventor, the name or title and the address of the applicant and other related matters. 

The description shall contain a clear and comprehensive description of the invention or utility model so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings shall be attached to it. The abstract shall state briefly the main technical points of the invention or utility model. 

The claims shall be based on the description and shall define the scope of the patent protection sought for in a clear and concise manner. 

Where an invention-creation is accomplished by relying on genetic resources, the applicant shall indicate, in the patent application documents, the direct and original source of the genetic resources. Where the applicant fails to indicate the original source, he or it shall state the reasons thereof. 

Article 27. Where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted. 

The relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought. 

Article 28. The date on which the patent application documents are received by the patent administration department under the State Council shall be the filing date. If the application documents are delivered by post, the date of the postmark shall be the filing date. 

Article 29. Where, within twelve months from the date on which any applicant first filed in a foreign country a patent application for an invention or utility model, or within six months from the date on which any applicant first filed in a foreign country a patent application for a design, he or it files in China a patent application for the same subject matter, he or it may enjoy the right of priority in accordance with the agreements concluded between the foreign country and China, or in accordance with the international treaties to which both countries are parties, or on the basis of the principle of mutual recognition of the right of priority. 

Where, within twelve months from the date on which any applicant first filed in China a patent application for an invention or utility model, or within six months from the date on which any applicant first filed in China a patent application for a design, he or it files with the patent administration department under the State Council a patent application for the same subject matter, he or it may enjoy the right of priority. 

Article 30. If any applicant claims the right of priority for an invention patent or a utility model patent, he or it shall make a written declaration when the patent application for an invention or utility model is filed, and submit, within sixteen months from the date on which the applicant first filed the application, a copy of the patent application documents which were filed for the first time. 

If any applicant claims the right of priority for a design patent, he or it shall make a written declaration when the patent application for a design is filed, and submit, within three months, a copy of the patent application documents which were filed for the first time. 

If the applicant fails to make the written declaration or to meet the time limit for submitting the copy of the patent application documents, the claim to the right of priority shall be deemed not to have been made. 

Article 31. A patent application for an 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. 

A patent application for a design shall be limited to one design. Two or more similar designs for the same product or two or more designs which are incorporated in products belonging to the same category and sold or used in sets may be filed as one application. 

Article 32. An applicant may withdraw his or its patent application at any time before the patent right is granted. 

Article 33. An applicant may amend his or its patent application documents, however, the amendment to the patent application documents for an invention or utility model may not go beyond the scope of disclosure contained in the original description and claims, and the amendment to the patent application documents for a design may not go beyond the scope of the disclosure as shown in the original drawings or photographs. 

Chapter IV 

Examination and Approval of Patent Applications 

Article 34. Where, after receiving a patent application for an invention, the patent administration department under the State Council finds that the application meets the requirements of this Law after preliminary examination, it shall publish the application promptly after the expiration of eighteen months from the filing date. Upon the request of the applicant, the patent administration department under the State Council may publish the application earlier. 

Article 35. Within three years from the filing date, the patent administration department under the State Council may conduct a substantive examination of the application upon a request made by the applicant for a patent for invention at any time. If the applicant, without any justified reason, fails to request a substantive examination at the expiration of the time limit, the application shall be deemed to have been withdrawn. 

When the patent administration department under the State Council deems it necessary, it may, on its own initiative, conduct a substantive examination of any patent application for an invention. 

Article 36. When the applicant for an invention patent requests a substantive examination, he or it shall submit reference materials relating to the invention existing prior to the filing date. 

If a patent application for an invention that has been filed in a foreign country, the patent administration department under the State Council may ask the applicant to submit, within a specified time limit, materials concerning any search made for the purpose of examining the application in that country, or concerning the results of any examination made in that country. If, at the expiration of the specified time limit, the said materials are not submitted without any justified reason, the application shall be deemed to have been withdrawn. 

Article 37. After the patent administration department under the State Council has conducted a substantive examination of the patent application for an invention, if it finds that the application is not in conformity with the provisions of this Law, it shall notify the applicant and require him or it to state opinions within a specified time limit or to amend the application. If the applicant fails to state opinions at the expiration of the specified time limit without any justified reason, the application shall be deemed to have been withdrawn. 

Article 38. After the applicant states his or its opinions on or makes amendment to the patent application for an invention, the patent administration department under the State Council still finds that the patent application for an invention is not in conformity with the provisions of this Law, the application shall be rejected. 

Article 39. Where no cause for rejection is found after the substantive examination of the patent application for an 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 meanwhile make a registration and announcement about it. The  patent right for invention shall take effect as of the date of the announcement. 

Article 40. Where no cause for rejection is found after the preliminary examination of the patent application for a 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 design, issue a corresponding patent certificate, and meanwhile make a registration and announcement about it. The patent right for utility model or design shall take effect as of the date of the announcement. 

Article 41. Where a patent applicant refuses to accept the decision of the patent administration department under the State Council on rejecting the application, the applicant may, within three months from the date of receipt of the notification, request the patent administration department under the State Council to make a reexamination. The patent administration department under the State Council shall, after reexamination, make a decision and notify the patent applicant. 

Where the patent applicant refuses to accept the decision of the reexamination of the patent administration department under the State Council, it or he may, within three months from the date of receipt of the notification, file a lawsuit in the people's court.