The State Council revised and reissued the detaile

2022-08-02
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The State Council modifies and reissues the detailed rules for the implementation of the patent law. The State Council modifies and reissues the detailed rules for the implementation of the patent law. 2010 curbs the release of toxic gases. January 21, 2010

[China paint information] Premier Wen Jiabao of the State Council recently signed Decree No. 569 of the State Council, announcing the decision of the State Council on Amending the detailed rules for the implementation of the patent law of the people's Republic of China, The detailed rules for the implementation of the patent law of the people's Republic of China shall be amended accordingly and re promulgated in accordance with this decision

the decision of the State Council on Amending the detailed rules for the implementation of the patent law of the people's Republic of China shall enter into force as of february1,2010. The revised detailed rules for the implementation of the patent law of the people's Republic of China consists of 11 chapters and 123 articles

the revised detailed rules for the implementation of the patent law stipulates that the term "invention or utility model completed in China" as mentioned in Article 20 of the Patent Law refers to an invention or utility model whose substantive content of the technical solution is completed within the territory of China. Where any entity or individual applies to a foreign country for a patent for an invention or utility model completed in China, it shall, in accordance with one of the following ways, request the patent administration department under the State Council to conduct a confidential examination: (1) where it directly applies to a foreign country for a patent or submits an international patent application to a relevant foreign institution, it shall make a request to the patent administration department under the State Council in advance and explain in detail its technical scheme; (2) Where, after applying for a patent to the patent administration department under the State Council, it intends to apply for a patent in a foreign country or to submit an international application for a patent to a relevant foreign institution, it shall make a request to the patent administration department under the State Council before applying for a patent to a foreign country for a combination of shed renovation and earthquake resistant housing projects or submitting an international application for a patent to a relevant foreign institution. Where an international application for a patent is submitted to the administrative department for patent under the State Council, it shall be deemed that a request for confidential examination has been made at the same time

the revised detailed rules for the implementation of the patent law stipulates that the following acts are acts of counterfeiting a patent as stipulated in Article 63 of the Patent Law: (1) marking a patent mark on a product or its package for which a patent right has not been granted, continuing to mark a patent mark on the product or its package after the patent right has been declared invalid or terminated, or marking the patent number of another person on the product or product package without permission; (2) Selling the products mentioned in Item (1); (3) In the product description and other materials, the technology or design that has not been granted a patent right is called a patented technology or patented design, the patent application is called a patent, or the patent number of another person is used without permission, so that the public mistakenly considers the technology or design involved as a patented technology or patented design; (4) Forging or altering patent certificates, patent documents or patent application documents; (5) Others confuse the public by mistaking the technology or design that has not been granted a patent right as a patented technology or design, so as to stabilize the extrusion volume

according to the revised detailed rules for implementation, it is not an act of counterfeiting a patent to mark a patent mark on a patented product, a product obtained directly according to a patented method or its packaging according to law before the termination of the patent right, and to promise to sell or sell the product after the termination of the patent right. If the seller does not know that the product is a counterfeit product patented before the stress is applied, and can prove the legitimate source of the product, the Department in charge of patent affairs shall order it to stop selling, but shall be exempted from the penalty of fine

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