At its 6th Meeting, the Standing Committee of the Eleventh National People's Congress decided to make the following amendments to the Patent Law of the People's Republic of China:
1. Article 1 is revised to read: "This Law is enacted for the purpose of protecting the lawful rights and interests of patentees, encouraging invention-creation, promoting the application of invention-creation, enhancing innovation capability, promoting the advancement of science and technology and the economic and social development."
2. Three paragraphs are added in Article 2 as the second, third and forth paragraph, which read: "Inventions mean new technical solutions proposed for a product, a process or the improvement thereof.
"Utility models mean new technical solutions proposed for the shape and structure of a product, or the combination thereof, which are fit for practical use.
"Designs mean, with respect to a product, new designs of the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application."
3. Article 5 is revised to read: "Patent rights shall not be granted for invention-creations that violate the law or social ethics, or harm public interests.
"Patent rights shall not be granted for inventions that are accomplished by relying on genetic resources which are obtained or used in violation of the provisions of laws and administrative regulations."
4. One paragraph is added in Article 9 as the first paragraph, which reads: "Only one patent can be granted for the same invention. However, where the same applicant applies for a utility model patent and an invention patent with regard to the same invention on the same day, if the utility model patent acquired earlier is not terminated yet and the applicant declares his waiver of the same, the invention patent may be granted."
5. The second paragraph of Article 10 is revised to read: "If a Chinese unit or individual intends to transfer the right to apply for a patent or patent rights to a foreigner, foreign enterprise or other foreign organization, it or he shall perform the procedures in accordance with the provisions of relevant laws and administrative regulations."
6. The second paragraph of Article 11 is revised to read: "After a design patent right is granted, no unit or individual may exploit the patent without permission of the patentee, i.e., it or he may not, for production or business purposes, manufacture, offer to sell, sell or import the design patent products."
7. Article 12 is revised to read: "Any unit or individual that intends to exploit the patent of another unit or individual shall conclude a contract with the patentee for permitted exploitation and pay the royalties. The permittee shall not have the right to allow any unit or individual not specified in the contract to exploit the said patent."
8. The second paragraph of Article 14 is deleted.
9. One article is added as Article 15, which reads: "If there are agreements regarding the exercise of rights by the co-owners of the right to apply for the patent or of the patent right, the agreements shall prevail. In the absence of such agreements, the co-owners may separately exploit the patent or may, in an ordinary manner, permit others to exploit the said patent. where others are permitted to exploit the patent, the royalties received shall be distributed among the co-owners.
"Except under the circumstances specified in the preceding paragraph, exercise of the co-owned right to apply for patent or of the co-owned patent right shall be subject to the consent of all the co-owners."
10. Article 15 and 17 are merged into one article as Article 17, which reads: "An inventor or designer shall have the right to state in the patent documents that he is the inventor or designer.
"The patentee shall have the right to have his patent mark displayed on the patented products or the package of such products."
11. The first paragraph of Article 19 is revised to read: "If a foreigner, foreign enterprise, or other foreign organization without a regular residence or business site in China intends to apply for a patent or handle other patent-related matters in China, he or it shall entrust a legally established patent agency with the application and such matters."
The second paragraph is revised to read: "If a Chinese unit or individual intends to apply for a patent or handle other patent-related matters in China, it or he may entrust a legally established patent agency with the application and such matters."