(Passed at the Fourth Meeting of the Standing Committee of the Sixth National People's Congress on March 12, 1984, amended for the first time according to the Decision on Amending the Patent Law of the People's Republic of China at the 27th Meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1992, amended for the second time according to the Decision on Amending the Patent Law of the People's Republic of China at the 17th Meeting of the Standing Committee of the Ninth National People's Congress on August 25, 2000, and amended for the third time according to the Decision on Amending the Patent Law of the People's Republic of China at the Sixth Meeting of the Standing Committee of the Eleventh National People's Congress on December 27, 2008.)

catalogue

Chapter 1 General Provisions

Chapter 2: Conditions for Granting Patent Rights

Chapter 3 Patent Application

Chapter 4 Examination and Approval of Patent Applications

Chapter 5: Term, Termination, and Invalidity of Patent Rights

Chapter 6 Compulsory License for Patent Implementation

Chapter 7 Protection of Patent Rights

Chapter 8 Supplementary Provisions

Chapter 1 General Provisions

Article 1: In order to protect the legitimate rights and interests of patent holders, encourage inventions and creations, promote the application of inventions and creations, enhance innovation capabilities, promote scientific and technological progress and economic and social development, this Law is formulated.

Article 2: The inventions and creations referred to in this Law refer to inventions, utility models, and designs.

Invention refers to a new technical solution proposed for a product, method, or its improvement.

Utility model refers to a new technical solution proposed for the shape, structure, or combination of a product that is suitable for practical use.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications, which combines the shape, pattern, or their combination, as well as the combination of color, shape, and pattern of a product.

Article 3: The patent administration department of the State Council is responsible for managing patent work nationwide; Unified acceptance and examination of patent applications, granting patent rights in accordance with the law.

The departments responsible for patent management under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.

Article 4: If the invention or creation for which a patent is applied involves national security or significant interests that require confidentiality, it shall be handled in accordance with relevant national regulations.

Article 5: Patent rights shall not be granted for inventions or creations that violate laws, social ethics, or harm public interests.

Patent rights shall not be granted for inventions or creations that violate laws and administrative regulations by obtaining or utilizing genetic resources and rely on such genetic resources.

Article 6: Inventions and creations made in the performance of the tasks of the unit or mainly utilizing the material and technological conditions of the unit shall be deemed as service inventions and creations. The right to apply for patents for service inventions and creations belongs to the unit; After the application is approved, the unit becomes the patentee.

The right to apply for a patent for non service inventions and creations belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

If the unit has entered into a contract with the inventor or designer regarding the right to apply for a patent and the ownership of the patent right for inventions or creations made using the material and technological conditions of the unit, such agreement shall prevail.

Article 7: No unit or individual shall suppress the non service invention or creation patent applications of inventors or designers.

Article 8: For inventions or creations jointly completed by two or more units or individuals, or inventions or creations completed by one unit or individual on behalf of another unit or individual, the right to apply for a patent belongs to the unit or individual that completed or jointly completed them, unless otherwise agreed; After the application is approved, the applying unit or individual becomes the patentee.

Article 9: The same invention or creation can only be granted one patent right. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention or creation on the same day, and the utility model patent right obtained earlier has not been terminated, and the applicant declares to waive the utility model patent right, the invention patent right may be granted.

If two or more applicants apply for patents for the same invention or creation, the patent right shall be granted to the first applicant.

Article 10: The right to apply for a patent and the patent right may be transferred.

Chinese units or individuals who transfer patent application rights or patent rights to foreigners, foreign enterprises, or other foreign organizations shall handle the procedures in accordance with relevant laws and administrative regulations.

For the transfer of patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights shall take effect from the date of registration.

Article 11: After the grant of invention and utility model patent rights, except as otherwise provided in this Law, no unit or individual shall exploit the patent without the permission of the patentee, that is, shall not manufacture, use, offer for sale, sell or import the patented products for production and operation purposes, or use the patented methods or use, offer for sale, sell or import products directly obtained by the patented methods.

After the grant of a design patent, no unit or individual may implement the patent without the permission of the patentee, that is, may not manufacture, offer for sale, sell, or import the design patent product for production and operation purposes.

Article 12: Any unit or individual who implements another person's patent shall enter into a license agreement with the patentee and pay the patent usage fee to the patentee. The licensee has no right to allow any entity or individual outside the scope of the contract to implement the patent.

Article 13: After the publication of an invention patent application, the applicant may request the unit or individual implementing the invention to pay appropriate fees.

Article 14: If the invention patents of state-owned enterprises and institutions are of great significance to the national or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote and apply them within the approved scope, allow designated units to implement them, and the implementing units shall pay royalties to the patentee in accordance with national regulations.

Article 15: If the co owners of a patent application right or patent right have an agreement on the exercise of their rights, such agreement shall prevail. If there is no agreement, co owners may independently implement or license others to implement the patent through ordinary licensing; If others are licensed to implement the patent, the royalties collected shall be distributed among the co owners.

Except as provided in the preceding paragraph, the exercise of the joint patent application right or patent right shall require the consent of all co owners.

Article 16: Units granted patent rights shall reward inventors or designers of service inventions or creations; After the implementation of an invention or creation patent, reasonable remuneration shall be given to the inventor or designer based on the scope of its promotion and application and the economic benefits obtained.

Article 17: Inventors or designers have the right to state in patent documents that they are inventors or designers.

The patentee has the right to indicate the patent logo on their patented product or its packaging.

Article 18: Foreigners, foreign enterprises, or other foreign organizations who do not have a habitual residence or place of business in China shall apply for patents in China in accordance with the agreements signed between their respective countries and China or international treaties jointly participated in, or in accordance with the principle of reciprocity, in accordance with this Law.

Article 19: Foreigners, foreign enterprises, or other foreign organizations who do not have a habitual residence or place of business in China shall entrust a legally established patent agency to handle patent applications and other patent affairs in China.

Chinese units or individuals who apply for patents and handle other patent affairs in China may entrust legally established patent agencies to handle them.

Patent agencies shall comply with laws and administrative regulations, and handle patent applications or other patent affairs as entrusted by the principal; Except for patent applications that have been published or announced, the principal shall be responsible for keeping confidential the content of inventions and creations made by the principal. The specific management measures for patent agencies shall be formulated by the State Council.

Article 20: Any unit or individual who applies for a patent for an invention or utility model completed in China to a foreign country shall first report to the patent administration department of the State Council for confidentiality examination. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council.

Chinese units or individuals may file international patent applications in accordance with relevant international treaties to which the People's Republic of China is a party. Applicants who file international patent applications shall comply with the provisions of the preceding paragraph.

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

For inventions or utility models that violate the provisions of the first paragraph of this article and apply for patents in foreign countries, no patent right shall be granted if a patent is applied for in China.

Article 21: The patent administration department under the State Council and its Patent Reexamination Board shall handle patent applications and requests in accordance with objective, fair, accurate, and timely requirements in accordance with the law.

The patent administrative department of the State Council shall release patent information in a complete, accurate, and timely manner, and regularly publish patent bulletins.

Before the publication or announcement of a patent application, the staff and relevant personnel of the State Council's patent administration department shall be responsible for the confidentiality of its content.

Chapter 2: Conditions for Granting Patent Rights

Article 22: Inventions and utility models granted patent rights shall possess novelty, creativity, and practicality.

Novelty refers to the invention or utility model not belonging to the existing technology; No unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council before the application date, and it is recorded in the patent application documents or published patent documents after the application date.

Creativity refers to the outstanding substantive features and significant progress of the invention compared to existing technology, and the utility model has substantive features and progress.

Practicality refers to the ability of the invention or utility model to be manufactured or used, and to produce positive effects.

The existing technology referred to in this law refers to the technology that is known to the public both domestically and internationally before the application date.

Article 23: The design for which a patent right is granted shall not be an existing design; No unit or individual has filed an application for the same design with the patent administration department of the State Council before the application date and recorded it in the patent documents published after the application date.

The design for which a patent is granted should have a clear distinction compared to existing designs or combinations of existing design features.

The design granted patent rights shall not conflict with the legitimate rights already obtained by others before the application date.

The existing design referred to in this law refers to a design that is known to the public both domestically and internationally before the application date.

Article 24: If an invention or creation for which a patent is applied falls under any of the following circumstances within six months before the application date, it shall not lose its novelty:

（1） First exhibited at an international exhibition sponsored or recognized by the Chinese government;

（2） First published at a designated academic or technical conference;

3） Others disclose their content without the applicant's consent.

Article 25: Patent rights shall not be granted for the following items:

（1） Scientific discoveries;

（2） The rules and methods of intellectual activities;

（3） Diagnosis and treatment methods for diseases;

（4） Animal and plant species;

（5） Substances obtained by nuclear transformation method;

（6） The design that primarily serves as an identifier for the pattern, color, or combination of both in printed materials.

The production methods of the products listed in item (4) of the preceding paragraph may be granted patent rights in accordance with the provisions of this Law.

Chapter 3 Patent Application

Article 26: Applicants for invention or utility model patents shall submit documents such as a request, specification, abstract, and claims.

The request letter shall specify the name of the invention or utility model, the name of the inventor, the name or address of the applicant, and other matters.

The instruction manual should provide clear and complete explanations of the invention or utility model, based on the ability of technical personnel in the relevant technical field to implement it; When necessary, there should be accompanying drawings. The abstract should briefly explain the technical points of the invention or utility model.

The claims shall be based on the specification and clearly and briefly define the scope of patent protection requested.

For inventions and creations that rely on genetic resources, the applicant shall specify the direct and original sources of the genetic resources in the patent application documents; If the applicant is unable to explain the original source, they shall state the reasons.

Article 27: When applying for a design patent, a request letter, pictures or photographs of the design, and a brief explanation of the design shall be submitted.

The relevant pictures or photographs submitted by the applicant shall clearly display the design of the product for which patent protection is requested.

Article 28: The date on which the patent administrative department of the State Council receives the patent application documents shall be the application date. If the application documents are mailed, the date of the postmark sent shall be deemed as the application date.

Article 29: If the applicant files a patent application for the same subject matter in China within twelve months from the date of the first filing of a patent application for an invention or utility model in a foreign country, or within six months from the date of the first filing of a patent application for a design in a foreign country, the applicant may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty jointly participated in, or in accordance with the principle of mutual recognition of priority.

If the applicant submits a patent application for the same subject matter to the patent administration department of the State Council within twelve months from the date of the first patent application for invention or utility model in China, they may enjoy priority.

Article 30: If the applicant requests priority, they shall make a written declaration at the time of application and submit a copy of the first patent application document within three months; If no written declaration is made or a copy of the patent application document is not submitted within the prescribed time, it shall be deemed that no priority right has been claimed.

Article 31: An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.

A design patent application should be limited to one design. Two or more similar appearance designs of the same product, or two or more appearance designs of products sold or used in sets for the same category, can be submitted as one application.

Article 32: The applicant may withdraw their patent application at any time before being granted the patent right.

Article 33: Applicants may modify their patent application documents, but modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original specification and claims, and modifications to design patent application documents shall not exceed the scope represented by the original drawings or photographs.

Chapter 4 Examination and Approval of Patent Applications

Article 34: After receiving an invention patent application, the patent administration department under the State Council shall, upon preliminary examination and finding that it meets the requirements of this Law, publish it immediately after the expiration of eighteen months from the date of application. The patent administrative department of the State Council may, upon the request of the applicant, publish their application as soon as possible.

Article 35: Within three years from the date of filing for an invention patent application, the patent administration department under the State Council may conduct substantive examination of the application upon the request of the applicant at any time; If the applicant fails to request substantive examination within the prescribed time without justifiable reasons, the application shall be deemed withdrawn.

When deemed necessary, the patent administration department of the State Council may conduct substantive examination of invention patent applications on its own.

Article 36: When the applicant for an invention patent requests substantive examination, they shall submit reference materials related to their invention prior to the application date.

If an invention patent has already been applied for in a foreign country, the patent administration department of the State Council may require the applicant to submit, within a specified period of time, the materials searched or the results of the examination conducted in that country for the purpose of examining the application; If the application is not submitted within the deadline without justifiable reasons, it shall be deemed withdrawn.

Article 37: If the patent administration department under the State Council finds that an invention patent application does not comply with the provisions of this Law after substantive examination, it shall notify the applicant and require them to state their opinions within a specified time limit or make amendments to their application; If there is no justifiable reason for not responding within the deadline, the application shall be deemed withdrawn.

Article 38: If the State Council's patent administration department still considers that an invention patent application does not comply with the provisions of this Law after the applicant has stated their opinions or made modifications, it shall be rejected.

Article 39: If no grounds for rejection are found in the substantive examination of an invention patent application, the patent administration department under the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall come into effect from the date of announcement.

Article 40: If no reason for rejection is found in the preliminary examination of a utility model or design patent application, the patent administration department under the State Council shall make a decision to grant the utility model patent right or the design patent right, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall come into effect from the date of announcement.

Article 41: The patent administration department under the State Council shall establish a Patent Reexamination Board. If the patent applicant is dissatisfied with the decision of the State Council's patent administrative department to reject the application, they may request a re examination from the Patent Reexamination Board within three months from the date of receiving the notification. After the Patent Reexamination Board conducts a review, it makes a decision and notifies the patent applicant.

If the patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, they may file a lawsuit with the people's court within three months from the date of receiving the notice.

Chapter 5: Term, Termination, and Invalidity of Patent Rights

Article 42: The term of an invention patent right is twenty years, and the term of a utility model patent right and a design patent right is ten years, both calculated from the date of application.

Article 43: The patentee shall pay annual fees starting from the year in which the patent right is granted.

Article 44: In any of the following circumstances, the patent right shall terminate before the expiration of the term:

（1） Not paying the annual fee according to regulations;

（2） The patentee waives their patent rights in writing.

If the patent right terminates before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.

Article 45: From the date when the patent administrative department under the State Council announces the grant of the patent right, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.

Article 46: The Patent Reexamination Board shall promptly examine and make a decision on a request for invalidation of a patent right, and notify the requester and the patentee. The decision to declare a patent invalid shall be registered and announced by the patent administration department of the State Council.

If one is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, they may file a lawsuit with the people's court within three months from the date of receiving the notice. The people's court shall notify the opposing party to the invalidation request procedure to participate in the litigation as a third party.

Article 47: A patent right declared invalid shall be deemed to have ceased to exist from the outset.

The decision to declare the patent right invalid shall not have retrospective effect on the judgments and mediation agreements on patent infringement made and executed by the people's court before the declaration of the patent right invalidity, the decisions on handling patent infringement disputes that have been fulfilled or enforced, as well as the patent implementation license contracts and patent right transfer contracts that have been fulfilled. However, compensation should be given for the losses caused to others by the malicious actions of the patentee.

If patent infringement compensation, patent usage fees, or patent transfer fees are not refunded in accordance with the provisions of the preceding paragraph, which clearly violates the principle of fairness, they shall be fully or partially refunded.

Chapter 6 Compulsory License for Patent Implementation

Article 48: In any of the following circumstances, the patent administration department under the State Council may grant a compulsory license to implement an invention patent or utility model patent upon application by a unit or individual that meets the conditions for implementation:

（1） If the patentee fails to implement or fully implement their patent without justifiable reasons after three years from the date of grant of the patent right and four years from the date of filing the patent application;

（2） The exercise of patent rights by the patentee is recognized as monopolistic behavior in accordance with the law, in order to eliminate or reduce the adverse effects of such behavior on competition.

Article 49: In the event of a state of emergency or extraordinary circumstances in the country, or for the purpose of public interest, the patent administration department under the State Council may grant a compulsory license to implement an invention patent or a utility model patent.

Article 50: For the purpose of public health, the patent administration department under the State Council may grant a compulsory license to manufacture and export patented drugs to countries or regions that comply with relevant international treaties to which the People's Republic of China is a party.

Article 51: If an invention or utility model that has obtained a patent has significant technological progress with significant economic significance compared to an invention or utility model that has already obtained a patent, and its implementation relies on the implementation of the previous invention or utility model, the patent administration department of the State Council may grant a compulsory license to implement the previous invention or utility model upon the application of the latter patentee.

In the case of granting a compulsory license for implementation in accordance with the provisions of the preceding paragraph, the patent administration department under the State Council may also grant a compulsory license for the implementation of the subsequent invention or utility model based on the application of the previous patentee.

Article 52: If the invention or creation involved in a compulsory license is semiconductor technology, its implementation shall be limited to the purpose of public interest and the circumstances stipulated in Article 48 (2) of this Law.

Article 53: Except for compulsory licenses granted in accordance with Article 48 (2) and Article 50 of this Law, the implementation of compulsory licenses shall mainly be for the purpose of supplying the domestic market.

Article 54: Units or individuals applying for compulsory license in accordance with Article 48 (1) and Article 51 of this Law shall provide evidence to prove that they have requested the patentee to grant permission to implement the patent under reasonable conditions, but have not been granted permission within a reasonable time.

Article 55: The decision made by the patent administration department of the State Council to grant a compulsory license for implementation shall be promptly notified to the patentee and registered and announced.

The decision to grant a compulsory license shall specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory license are eliminated and no longer occur, the patent administrative department under the State Council shall, upon the request of the patentee and after examination, make a decision to terminate the implementation of the compulsory license.

Article 56: Units or individuals who have obtained a compulsory license for implementation do not enjoy exclusive implementation rights and have no right to allow others to implement them.

Article 57: Units or individuals who obtain compulsory licenses for implementation shall pay reasonable royalties to the patentee, or handle the issue of royalties in accordance with the provisions of relevant international treaties to which the People's Republic of China is a party. For the payment of usage fees, the amount shall be negotiated by both parties; If the two parties cannot reach an agreement, the patent administrative department of the State Council shall make a ruling.

Article 58: If the patentee is dissatisfied with the decision of the State Council's patent administration department on the implementation of a compulsory license, or if the patentee and the unit or individual obtaining the compulsory license are dissatisfied with the ruling of the State Council's patent administration department on the use fee of the compulsory license, they may file a lawsuit with the people's court within three months from the date of receiving the notice.

Chapter 7 Protection of Patent Rights

Article 59: The scope of protection of an invention or utility model patent right shall be based on the content of its claims, and the specification and drawings may be used to interpret the content of the claims.

The scope of protection of a design patent shall be based on the design of the product as shown in the pictures or photographs, and a brief description may be used to explain the design of the product as shown in the pictures or photographs.

Article 60: If a patent is implemented without the permission of the patentee, which infringes upon their patent rights and causes disputes, the parties shall resolve them through consultation; If the patentee or interested party is unwilling to negotiate or fails to reach an agreement, they may file a lawsuit with the people's court or request the department in charge of patent work to handle it. When the department responsible for managing patent work determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to file a lawsuit or cease the infringing behavior within the prescribed period, the department in charge of patent management may apply to the people's court for compulsory enforcement. The department responsible for managing patent work may mediate the amount of compensation for patent infringement upon the request of the parties involved; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 61: If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual manufacturing the same product shall provide proof that their product manufacturing method is different from the patented method.

If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department in charge of patent work may require the patentee or an interested party to provide a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing, and evaluating the relevant utility model or design, as evidence for the trial and handling of patent infringement disputes.

Article 62: In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design implemented belongs to existing technology or existing design, it does not constitute infringement of the patent right.

Article 63: Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the department in charge of patent management to rectify the situation and make a public announcement. The illegal gains shall be confiscated, and a fine of no more than four times the illegal gains may be imposed; If there are no illegal gains, a fine of up to 200000 yuan may be imposed; Those who commit crimes shall be held criminally responsible in accordance with the law.

Article 64: When the department in charge of patent management investigates and deals with suspected acts of counterfeiting patents based on the evidence already obtained, it may inquire with the relevant parties and investigate the situation related to the suspected illegal acts; Conduct on-site inspections of places where the parties involved are suspected of illegal activities; Search and copy contracts, invoices, account books, and other relevant materials related to suspected illegal activities; Products related to suspected illegal activities can be inspected, and products with evidence proving that they are counterfeit patents can be sealed or seized.

When the department responsible for managing patent work exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties shall assist and cooperate, and shall not refuse or obstruct.

Article 65: The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder as a result of the infringement; If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement. If it is difficult to determine the losses suffered by the rights holder or the benefits obtained by the infringer, the reasonable determination shall be based on the multiple of the patent licensing fee. The compensation amount should also include the reasonable expenses paid by the right holder to stop the infringement.

If it is difficult to determine the losses suffered by the rights holder, the benefits obtained by the infringer, and the patent license fee, the people's court may determine compensation ranging from 10000 yuan to 1 million yuan based on factors such as the type of patent right, the nature and circumstances of the infringement.

Article 66: If the patentee or interested party has evidence to prove that another person is committing or about to commit an infringement of the patent right, and if it is not stopped in a timely manner, it will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for measures to order the cessation of the relevant acts before filing a lawsuit.

When the applicant submits an application, they should provide a guarantee; If no guarantee is provided, the application will be rejected.

The people's court shall make a ruling within 48 hours from the time of accepting the application; If there are special circumstances that require an extension, it can be extended for 48 hours. If the ruling orders the cessation of relevant behavior, it shall be immediately executed. If the parties are dissatisfied with the ruling, they may apply for reconsideration once; The execution of the ruling shall not be suspended during the reconsideration period.

If the applicant does not file a lawsuit within 15 days from the date when the people's court takes measures to order the cessation of the relevant behavior, the people's court shall lift the measures.

If there is an error in the application, the applicant shall compensate the respondent for the losses suffered due to the cessation of the relevant actions.

Article 67: In order to prevent patent infringement, if evidence may be lost or difficult to obtain in the future, the patentee or interested party may apply to the people's court for evidence preservation before filing a lawsuit.

The people's court may take preservation measures and order the applicant to provide guarantees; If the applicant does not provide guarantee, the application will be rejected.

The people's court shall make a ruling within 48 hours from the time of accepting the application; If preservation measures are ordered, they shall be executed immediately.

If the applicant does not file a lawsuit within 15 days from the date of the people's court taking the preservation measures, the people's court shall lift the measures.

Article 68: The statute of limitations for filing a lawsuit for patent infringement is two years, calculated from the date on which the patentee or interested party becomes aware or should have become aware of the infringement.

If the invention is used without paying the appropriate usage fee from the publication of the invention patent application to the grant of the patent right, the statute of limitations for the patentee to demand payment of the usage fee is two years, calculated from the date when the patentee learned or should have known that someone else was using the invention. However, if the patentee knew or should have known before the grant of the patent right, the statute of limitations shall be calculated from the date of the grant of the patent right.

Article 69: Any of the following circumstances shall not be deemed as infringement of patent rights:

（1） Patent products or products directly obtained by patent methods, sold by the patentee or authorized units or individuals, and then used, promised for sale, sold, or imported the product;

（2） Those who have already manufactured the same product, used the same method, or made necessary preparations for manufacturing and use before the patent application date, and continue to manufacture and use only within the original scope;

（3） Foreign transport vehicles temporarily passing through China's territorial land, waters, and airspace may use relevant patents in their devices and equipment for their own needs, in accordance with agreements signed between their respective countries and China or international treaties jointly participated in, or based on the principle of reciprocity;

（4） Using patents specifically for scientific research and experimentation;

（5） Manufacturing, using, or importing patented drugs or medical devices for the purpose of providing information required for administrative approval, as well as manufacturing or importing patented drugs or medical devices specifically for them.

Article 70: If a patent infringing product is used, promised for sale, or sold for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patent owner, and it can be proven that the product is of legal origin, no liability for compensation shall be borne.

Article 71: Those who violate the provisions of Article 20 of this Law by applying for patents abroad and disclosing state secrets shall be subject to administrative sanctions by their respective units or higher-level competent authorities; Those who commit crimes shall be held criminally responsible in accordance with the law.

Article 72: Anyone who embezzles the non service invention or creation patent application right and other rights and interests stipulated in this Law of an inventor or designer shall be subject to administrative sanctions by their employer or higher-level competent authority.

Article 73: The department responsible for managing patent work shall not participate in business activities such as recommending patented products to the society.

If the department responsible for managing patent work violates the provisions of the preceding paragraph, its superior authority or supervisory authority shall order it to rectify, eliminate the impact, and confiscate any illegal income; If the circumstances are serious, the directly responsible supervisors and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law.

Article 74: If state personnel engaged in patent management work or other relevant state personnel neglect their duties, abuse their power, engage in favoritism and fraud, and commit crimes, they shall be held criminally responsible in accordance with the law; If it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.

Chapter 8 Supplementary Provisions

Article 75: When applying for a patent and handling other procedures with the patent administration department of the State Council, fees shall be paid in accordance with regulations.

Article 76: This Law shall come into effect on April 1, 1985.