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Introduction
to Patent
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1、Patent Applicant
2、Types of Patent
3、Patent Rights
4、Patent Term
Patent
Applicant
- "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."
(Chinese Patent Law, Article 18)
- "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 administrative regulations
governing the patent agency shall be formulated by the
State Council." (Chinese Trademark Law, Article 19)
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Types
of Patent
-
"In
this Law, "inventions-creations" mean inventions,
utility models and designs." (Chinese Trademark
Law, Article 2)
-
"In
the Patent Law, "Invention" means any new
technical solution relating to a product, a process
or improvement thereof.
In
the Patent Law, "Utility model" means any
new technical solution relating to the shape, the structure,
or their combination, of a product, which is fit for
practical use.
In
the Patent Law, "Design" means any new design
of the shape, pattern, or their combination and the
combination of color and shape or design, of a product,
which creates an aesthetic feeling and is fit for industrial
application." (Implementing Regulation Under Chinese
Patent Law, Article 2)
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Patent
Rights
- "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." (Chinese
Patent Law, Article 11)
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Patent
Term
-
"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." (Chinese Patent Law,
Article 42)
-
"The
date on which the Patent Administration Department Under
the State Council 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." (Chinese Patent Law, Article
28)
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