You are here

Patent Law of the People's Republic of China (2020 Amendment)[Effective]

Issuing authority:

Standing Committee of the National People's Congress,Standing Committee of the National People's Congress

Document Number:

Order No. 55 of the President of the People's Republic of China

Date issued:

10-17-2020

Effective date:

06-01-2021

Level of Authority:

Laws

Area of Law:

Patent

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 for the first time by the Decision on Amending 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; amended for the second time by the Decision on Amending the Patent Law of the People's Republic of China, adopted at the 17th Session of the Standing Committee of the Ninth National People's Congress on August 25, 2000; amended for the third time by the Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China adopted at the 6th Session of Standing Committee of the 11th National People's Congress of the People's Republic of China on December 27, 2008; and amended for the fourth time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend the Patent Law of the People's Republic of China adopted at the 22nd Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 17, 2020) 

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.
An application shall expressly specify the name of the invention or utility model, name of the inventor, name and address of the applicant, and other matters.
The description shall clearly and completely describe 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 are required. The abstract shall state briefly the main technical points of the invention or utility model.
The claims shall clearly and concisely state the requested patent protection scope in accordance with the specifications.
For an invention based on genetic resources, the applicant shall state the direct source and the original source of the genetic resources in the application documents. If the applicant is not able to state the original source, it or he shall state the reasons.

Article 27 To apply for patenting a design, the applicant shall submit an application, pictures or photos of the design, a brief introduction to the design, and other documents.
The relevant pictures or photos submitted by the applicant shall clearly show the product's design for which the patent protection is requested.

Article 28 The date on which the patent administrative department of the State Council receives the application shall be the date of application. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of application.

Article 29 Where, within twelve months from the date on which any applicant first filed in a foreign country an application for patenting an invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for patenting a design, he or it files in China an application for patenting the same, 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 a party, or on the basis of the principle of mutual recognition of the right to priority, enjoy the right to priority.
Where, within 12 months from the date of filing of the first application for a patent for an invention or utility model in China, or within six months from the date of filing of the first application for a patent for a design in China, the applicant files again an application for a patent for the same subject matter with the patent administrative department of the State Council, the applicant may enjoy a right of priority.

Article 30 An applicant which claims a right of priority for an invention or utility model patent shall file a written declaration at the time of application, and within 16 months from the date of filing of the first application, submit a duplicate of the first patent application documents.
An applicant which claims a right of priority for a design patent shall file a written declaration at the time of application, and submit a duplicate of the first patent application documents within three months.
An applicant which fails to file the written declaration or submit the duplicate of the patent application documents within the prescribed time limit shall be deemed to have not claimed a right of priority.

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 attributed to a single general inventive concept may be filed as one application.
An application for a design patent shall be limited to one design. As to two or more similar designs for the same product or for products which fall into the same class and are sold or used in sets, an application for one design may be filed.

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

Article 33 An applicant may make modifications to his or its application for a patent, but the modifications 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 modifications 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.