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China

BIZCHINA / Intellectual property

Implementing Regulations of the Patent Law of the People's Republic of
China

Updated: 2006-04-17 14:40

Article 80 The Patent Administration Department under the State Council
shall provide professional guidance to the administrative authorities for
patent affairs in handling and mediating patent disputes.

Article 81 Where any party concerned requests handling or mediation of a
patent dispute, it shall fall under the jurisdiction of the
administrative authority for patent affairs where the requested party has
his location or where the act of infringement has taken place.
Where two or more administrative authorities for patent affairs all have
jurisdiction over a patent dispute, any party concerned may file his or
its request with one of them to handle or mediate the matter. Where
requests are filed with two or more administrative authorities for patent
affairs, the administrative authority for patent affairs that first
accepts the request shall have jurisdiction.
Where administrative authorities for patent affairs have a dispute over
their jurisdiction, the administrative authority for patent affairs of
their common higher level people's government shall designate the
administrative authority for patent affairs to exercise the jurisdiction;
if there is no such administrative authority for patent affairs of their
common higher level people's government, the Patent Administration
Department under the State Council shall designate the administrative
authority for patent affairs to exercise the jurisdiction.

Article 82 Where, in the course of handling a patent infringement
dispute, the defendant requests invalidation of the patent right and his
request is accepted by the Patent Reexamination Board, he may request the
administrative authority for patent affairs concerned to suspend the
handling of the matter.
If the administrative authority for patent affairs considers that the
reasons set forth by the defendant for the suspension are obviously
untenable, it may not suspend the handling of the matter..

Article 83 Where any patentee affixes a patent marking on the patented
product or on the package of that product in accordance with the
provisions of Article 15 of the Patent Law, he or it shall make the
affixation in the manner as prescribed by the Patent Administration
Department under the State Council.

Article 84 Any of the following is an act of passing off the patent of
another person as one's own:
(1) without authorization, indicating the patent number of another person
on the product or on the package of that product made or sold by him or
it;
(2) without authorization, using the patent number of another person in
the advertisement or in any other promotional materials of his or its
product, so as to mislead other persons to regard the technology
concerned as the patented technology of another person;
(3) without authorization, using the patent number of another person in
the contract entered into by him or it , so as to mislead other persons
to regard the technology referred to in the contract as the patented
technology of another person;
(4) counterfeiting or transforming any patent certificate, patent
document or patent application document of another person.

Article 85 Any of the following is an act of passing a non-patented
product off as patented product or passing a non-patented process off as
patented process:
(1) making or selling non-patented products which are affixed with patent
marking;
(2) continuing to affix patent marking on the products that are made or
sold after the patent right concerned has been declared invalid;
(3) passing any non-patented technology off as patented technology in the
advertisements or in any other promotional materials;
(4) stating any non-patented technology as patented technology in any
contract entered into by him or it;
(5) counterfeiting or transforming any patent certificate, patent
document or patent application document.

Article 86 Any party concerned to a dispute over the ownership of the
right to apply for a patent or the patent right, which is pending before
the administrative authority for patent affairs or the people's court,
may request the Patent Administration Department under the State Council
to suspend the relevant procedures.
Any party requesting the suspension of the relevant procedures in
accordance with the preceding paragraph, shall submit a written request
to the Patent Administration Department under the State Council, and
attach a copy of the document acknowledging the receipt of the relevant
request from the administrative authority for patent affairs or the
people's court.
After the decision made by the administrative authority for patent
affairs or the judgment rendered by the people's court enters into force,
the parties concerned shall request the Patent Administration Department
under the State Council to resume the suspended procedure. If, within one
year from the date when the request for suspension is filed, no decision
is made on the dispute relating to the ownership of the right to apply
for a patent or the patent right, and it is necessary to continue the
suspension, the party who or that the request shall, within the said time
limit, request to extend the suspension. If, at the expiration of the
said time limit, no such request for extension is filed, the Patent
Administration Department under the State Council shall resume the
procedure on its own initiative.

Article 87 Where, in hearing civil cases, the people's court has ordered
the adoption of measures for a patent right preservation, the Patent
Administration Department under the State Council, for the purpose of
assisting the execution of the order, shall suspend the relevant
procedure concerning the preserved patent right. At the expiration of the
time limit for preservation, if there is no order of the people's court
to continue the preservation, the Patent Administration Department under
the State Council shall resume the relevant procedure on its own
initiative.

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