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Patent Law of the People's Republic of China

(expo2010.cn)
Updated: 2009-04-14 18:45

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 rocess, 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 ircumstances 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.

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