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Patent Law of the People’s Republic of China (amended up to October 17, 2020)

 Latest Version in WIPO Lex
Year of Version 2021 Dates Amended up to: October 17, 2020 Entry into force: April 1, 1985 Adopted: March 12, 1984 Type of Text Main IP Laws   Subject Matter Patents (Inventions), Utility Models, Industrial Designs Subject Matter (secondary) Alternative Dispute Resolution (ADR), Genetic Resources

Available Texts Main text(s) Main text(s) Chinese 中华人民共和国专利法 (2020年10月17日修正) PDF English Patent Law of the People’s Republic of China (amended up to October 17, 2020) PDF
Related Legislation Supersedes (4 text(s)) Supersedes (4 text(s))
Patent Law of the People’s Republic of China (as amended up to the Decision of December 27, 2008, of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China) (CN028)
Patent Law of the People’s Republic of China (as amended by the Decision of August 25, 2000, of the Standing Committee of the National People’s Congress on Amending the Patent Law of the People’s Republic of China)(CN022)
Patent Law of the People’s Republic of China (as amended by the Decision of September 4, 1992, of the Standing Committee of the National People’s Congress on Amending the Patent Law of People's Republic of China)(CN006)
Patent Law of the People’s Republic of China (CN422)
 Is amended by (2 text(s)) Is amended by (2 text(s))
Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China (Adopted on October 17, 2020) (CN412)
Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China (adopted December 27, 2008) (CN171)
Is implemented by (66 text(s)) Is implemented by (66 text(s))
Interim Measures of Related Provisions after China's Accession to the Hague Agreement Concerning the International Registration of Industrial Designs (Announcement No. 511 of January 4, 2023, of China National Intellectual Property Administration) (CN416)
Interpretation of the Supreme People's Court on Punitive Damages in the Trial of Civil Cases Regarding the Infringement of Intellectual Property (Interpretation No. 4 of 2021) (CN454)
Provisions of the Supreme People's Court on the Application of Laws in the Trial of Civil Disputes of Patent Rights Related to Medicines applied for Registration (Interpretation No. 13 of 2021) (CN453)
Reply of the Supreme People's Court on the Issue of the Defendant(s) Requesting for Reasonable Costs in the Intellectual Property Infringement Litigation On the Ground of Abuse of Rights (Interpretation No. 11 of 2021) (CN455)
Interpretation (II) of the Supreme People's Court on the Application of Laws in the Trial of Disputes Regarding the Infringement of Patent Rights (Interpretation No. 1 of 2016, amended up to December 23, 2020) (CN438)
Interpretation of the Supreme People's Court on the Application of Laws in the Trial of Technology Contract Disputes (Interpretation No. 20 of 2004, amended up to December 23, 2020) (CN433)
Provisions (I) of the Supreme People's Court on the Trial of Cases Concerning Patent Examination (Interpretation No. 8 of 2020) (CN450)
Provisions of the Supreme People's Court on the Application of Laws in the Trial of Patent Disputes (Interpretation No. 21 of 2001, amended up to December 23, 2020) (CN427)
Reply of the Supreme People's Court on the Application of Laws for Disputes of the Intellectual Property Infringement on the Internet (Interpretation No. 9 of 2020) (CN451)
Measures for the Administration of Patent Agencies (issued by Order No. 70 of April 30, 2015, of the State Intellectual Property Office (SIPO)) (CN403)
Measures for the Deposit of Biological Materials for the Purposes of Patent Procedures (issued by Order No. 69 of January 16, 2015, of the State Intellectual Property Office (SIPO)) (CN404)
Notice of the General Office of the State Intellectual Property Office (SIPO) on Issuing the Guidance for the Construction of the Industrial Intellectual Property Alliance (issued by Order No. 192 of April 24, 2015, of the SIPO) (CN400)
Interim Provisions on the Administration of National Standards Involving Patents (issued by the National Standardization Administration Committee and the State Intellectual Property Office) (CN265)
Decision of the Supreme People’s Court on Amendments to the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law to the Trial of Patent Dispute Cases (CN196)
Implementing Rules on Disclosure of Government Information of the State Intellectual Property Office (SIPO) (promulgated by Order No. 20 of March 4, 2013, of the State Intellectual Property Office) (CN360)
Administrative Measures on Prioritized Examination of Patent Applications (CN203)
Measures for Patent Markings (CN206)
Measures of March 15, 2012, for Compulsory Licensing of Patent Implementation (promulgated by Order No. 64 of the State Intellectual Property Office (SIPO)) (CN191)
Decision of March 28, 2011, amending the Measures for the Administration of Patent Agencies (CN208)
Measures for the Record Filing of Patent Licensing Contracts (CN207)
Guidelines of February 1, 2010, on Examination of Patents (promulgated by Order No. 55 of the State Intellectual Property Office (SIPO) ) (CN079)
Implementing Regulations of the Patent Law of the People's Republic of China (promulgated by Decree No. 306 of the State Council of China on June 15, 2001, and revised by the Decision of January 9, 2010, of the State Council on Amending the Implementation Regulations of the Patent Law of the People's Republic of China) (CN078)
Measures for Registration of Patent Pledge (promulgated by Order No. 56 of the State Intellectual Property Office (SIPO) of China) (CN216)
Provisions issued on August 26, 2010, by Administrative Order No. 57 of the State Intellectual Property Office (SIPO) on Patent Electronic Application (CN190)
The Transitional Measures of Implementing the amended Implementing Regulations of the Patent Law (CN155)
Judicial Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Patent Dispute Cases (CN090)
Examination Rules of Qualifying Examination for Patent Agents (CN219)
Implementation Measures of Patent Agent Qualification Examination (promulgated by Order No. 47 of the State Intellectual Property Office (SIPO) of China) (CN220)
Method of Promoting Patent Transformation in Taiyuan (CN261)
Regulations on Patent Protection and Promotion in Chongqing City (CN258)
Measures of Patent Fee Mitigation (promulgated by Order No. 39 of the State Intellectual Property Office (SIPO) of China) (CN226)
Patents Regulations of Zibo City (CN262)
Protection Measures for Intellectual Property Rights during Exhibitions (CN092)
Regulations on Patent Protection and Promotion in Beijing (CN243)
Regulations on Patent Protection in Anhui Province (2005 revision) (CN255)
Patent Document Number Standard (promulgated by Order No. 33 of the State Intellectual Property Office (SIPO) of China) (CN228)
Provisions issued on February 12, 2004, by Administrative Order No. 35 of the State Intellectual Property Office (SIPO) on Electronic Patent Application (CN081)
Regulation of November 1, 2004, on National Defense Patent (promulgated by Order No. 418 of the State Council and the Central Military Commission) (CN084)
Regulations on Patent Protection in Fujian Province (CN259)
Standard Codes for the Identification of Different Kinds of Patent (promulgated by Order No. 34 of the State Intellectual Property Office (SIPO)) (CN227)
Suzhou City Patent Promotion Regulations (CN264)
Measures for the Administration of Patent Agencies (CN075)
Measures for the Implementation of International Registration of Marks under the Madrid Agreement (CN048)
Patent Application Number standards(promulgated by Order No. 32 of the State Intellectual Property Office (SIPO) of China) (CN229)
Provisions on the Methods for Marking the Patent Marks and Patent Numbers (CN086)
Regulations on Patent Protection in Gansu Province (CN260)
Regulations on Patent Protection in Xiamen City (2003 revision) (CN257)
Disciplinary Rules for Patent Agency (CN076)
Regulations on Patent Protection in Shandong Province (CN251)
Measures of Administrative Enforcement of Patents (CN083)
Patents Regulations of Wuhan City (CN263)
Regulations of Shanghai Municipality on the Protection of Patents (CN246)
Regulations on Patent Protection and Application in Shanxi (CN244)
Regulations on Patent Protection in Hunan Province (CN245)
Regulations on Patent Protection in Sichuan Province (CN248)
Several Provisions of the Supreme People's Court for the Application of Law to Pre-trial Cessation of Infringement of Patent Right (CN091)
Regulations on Patent Protection in Guangxi Zhuang Autonomous Region (CN253)
Regulations on Patent Protection in Liaoning Province (CN252)
Regulations on Patent Protection in Hubei Province (CN250)
Regulations on Patent Protection in Zhejiang Province (CN256)
Regulations on Patent Protection in Hebei Province (CN249)
Regulations of The Supreme People’s Court of June 22, 2009, on Hearing Divisions of IP Administrative Lawsuits Involving the Grant and Confirmation of Patents and Trademarks (CN088)
Regulations on Patent Protection in Guangdong Province (CN247)
Provisions of November 23, 1993, Concerning the Implementation of Patent Cooperation Treaty in China (issued by Order No. 5 of the Patent Office of the People’s Republic of China) (CN077)
Regulation of March 4, 1991, on Patent Commissioning (promulgated by the Administrative Order No. 76 of the State Council) (CN074)
Provisional Measures Concerning Entry Quarantine for Micro-Organisms and Culture used for Patent Procedures (CN158)

WIPO Lex No. CN411