Acquisition of patent right
（1） No patent right shall be granted to an invention creation that violates the law, social morality or impairs the public interest

No patent right shall be granted to an invention or creation that is obtained or utilized in violation of laws or administrative regulations and relies on the genetic resources. Among them, inventions and creations that violate the law do not include those that are only prohibited by law.
（2） Patentee
An invention creation accomplished by performing the tasks of the entity or mainly by taking advantage of the material and technical conditions of the entity is a service invention creation. The right to apply for a patent for a service invention creation belongs to the entity. After the application is approved, the entity shall be the patentee. The unit may dispose of the right to apply for patent and patent right of service invention creation according to law, implement property right incentive, adopt equity, option, dividend and other ways, so that the inventor or designer can reasonably share the innovation income, and promote the implementation and application of related invention creation. For a non service invention creation, the right to apply for a patent belongs to the inventor or creator; After the application is approved, the inventor or creator shall be the patentee. Where an entity has entered into a contract with the inventor or creator concerning the right to apply for a patent and the ownership of the patent right in respect of an invention creation made by taking advantage of the entity's material and technical conditions, such agreement shall prevail.

Unless otherwise agreed, the right to apply for a patent for an invention creation jointly completed by two or more entities or individuals, or completed by one entity or individual entrusted by another entity or individual, shall belong to the entity or individual that completed or jointly completed the invention creation; After the application is approved, the entity or individual applying for the patent shall be the patentee.

The same invention can only be granted one patent. However, if the same applicant applies for both a patent for utility model and a patent for invention for the same invention creation on the same day, and the patent right for utility model obtained first has not been terminated, and the applicant declares to give up the patent right for utility model, the patent right for invention may be granted. Where two or more applicants apply for a patent for the same invention creation respectively, the patent right shall be granted to the person who first applied for the patent.

（3） Patent application right and patent right can be transferred
Where a Chinese entity or individual transfers the right of patent application or patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the administrative department for patent under the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. Where the patent right is transferred for other reasons, the parties concerned shall, on the strength of relevant supporting documents or legal documents, go through the procedures for the transfer of the patent right with the administrative department for patent under the State Council.
Any entity or individual exploiting another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee a royalty. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent. A patent license contract concluded between the patentee and another person shall be filed with the administrative department for patent under the State Council within three months from the date of effectiveness of the contract.

Where the right to apply for a patent or the co owners of a patent have an agreement on the exercise of the right, such agreement shall prevail. If there is no agreement, the co owners may exploit the patent alone or license others to exploit the patent by ordinary license; Where another person is permitted to exploit the patent, the royalties collected shall be distributed among the co owners. Except for the circumstances mentioned above, the exercise of the joint patent application right or patent right shall obtain the consent of all the co owners.
（4） Transnational patent application
Where a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent or handles other patent affairs in China, it shall entrust a patent agency established according to law to handle the application. Where a Chinese entity or individual applies for a patent or handles other patent affairs in China, it may entrust a patent agency established in accordance with the law to do so. The patent agency shall abide by laws and administrative regulations and handle patent applications or other patent affairs as entrusted by the principal; The principal shall be responsible for the confidentiality of the contents of his invention creation, except for those whose patent application has been published or announced.

Any entity or individual that applies for a patent for an invention or utility model completed in China shall, in advance, report to the administrative department for patent under the State Council for confidentiality examination. The procedure and time limit of confidentiality examination shall be in accordance with the provisions of the State Council. Chinese entities or individuals may file international patent applications in accordance with the relevant international treaties to which the people's Republic of China is a party. Where an applicant files an international application for a patent, he shall abide by the above provisions. The administrative department for patent under the State Council shall handle international patent applications in accordance with the relevant international treaties and laws to which the people's Republic of China is a party and the relevant provisions of the State Council. No patent right shall be granted to an invention or utility model which, in violation of the above provisions, applies for a patent in a foreign country and applies for a patent in China.
（5） Conditions for granting patent right
An invention or utility model for which a patent right is granted shall possess novelty, creativity and practicability.
Novelty means that the invention or utility model does not belong to the prior art; No entity or individual has applied to the administrative department for patent under the State Council for the same invention or utility model before the date of application, and it is recorded in the patent application documents published after the date of application or the patent documents announced.

Creativity means that the invention has prominent substantive features and significant progress compared with the prior art, and the utility model has substantive features and progress. Existing technology refers to the technology known to the public at home and abroad before the date of application.
Practicability means that the invention or utility model can be manufactured or used, and can produce positive effects.
The design for which the patent right is granted shall not belong to the existing design; No entity or individual has filed an application for the same design with the administrative department for patent under the State Council before the date of application, which is recorded in the patent documents announced after the date of application. The design for which the patent right is granted is different from the existing design or the features of the existing design
Practicability means that the invention or utility model can be manufactured or used, and can produce positive effects.

The design for which the patent right is granted shall not belong to the existing design; No entity or individual has filed an application for the same design with the administrative department for patent under the State Council before the date of application, which is recorded in the patent documents announced after the date of application. The design for which the patent right is granted shall be obviously different from the existing design or the combination of features of the existing design. Existing design refers to the design known to the public at home and abroad before the date of application. The design for which the patent right is granted shall not conflict with the legal rights already obtained by others before the date of application.

Within six months before the date of application for patent, an invention creation shall not lose its novelty under any of the following circumstances: it is first exhibited at an international exhibition sponsored or recognized by the Chinese government; First published at a prescribed academic or technical conference; Any other person divulges its contents without the consent of the applicant.

Within six months before the date of application for patent, an invention creation shall not lose its novelty under any of the following circumstances: it is first exhibited at an international exhibition sponsored or recognized by the Chinese government; First published at a prescribed academic or technical conference; Any other person divulges its contents without the consent of the applicant.
（6） No patent
Scientific discovery; The rules and methods of intellectual activities; Diagnosis and treatment of diseases; Animal and plant varieties, but a patent right may be granted for the production method of the product; The nuclear transformation method and the substance obtained by the nuclear transformation method; The design of the pattern, color or the combination of the two of the printed matter that mainly plays the role of identification.
(7） Information to be submitted for patent application
Where an application for a patent for invention or utility model is filed, documents such as a request, a description and its abstract, and a claim shall be submitted. The request shall clearly state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall give a clear and complete description of the invention or utility model, subject to the realization of the invention or utility model by a person skilled in the art; When necessary, drawings shall be provided. The abstract shall briefly explain the technical points of the invention or utility model. The claims shall clearly and briefly define the scope of patent protection claimed on the basis of the description. For an invention creation relying on genetic resources, the applicant shall state the direct and original sources of the genetic resources in the patent application documents; If the applicant is unable to explain the original source, he shall state the reasons.

Where an application for a patent for design is filed, documents such as a request, pictures or photographs of the design and a brief description of the design shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is claimed.
The applicant may amend his patent application document, but the amendment to the application document for a patent for invention or utility model shall not go beyond the scope of the original description and claims, and the amendment to the application document for a patent for design shall not go beyond the scope of the original pictures or photographs.

Where the applicant claims the right of priority, he shall make a written declaration at the time of application and submit a copy of the patent application document filed for the first time within three months; Where no written declaration is made or a copy of the patent application document is not submitted within the time limit, the right of priority shall be deemed not to have been claimed. Where an applicant files an application for a patent for the same subject matter in China within 12 months from the date of the first filing of the application for a patent for invention or utility model in a foreign country, or within six months from the date of the first filing of the application for a patent for design in a foreign country, in accordance with the agreement signed between that foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of the right of priority, Can enjoy priority. Where an applicant files a patent application for the same subject matter with the administrative department for patent under the State Council within 12 months from the date of filing the first application for a patent for invention or utility model in China, or within 6 months from the date of filing the first application for a patent for design in China, he may enjoy the right of priority. The date when the administrative department for patent under the State Council receives the patent application documents shall be the date of application. If the application document is sent by post, the date of postmark shall be the date of application.
(8） Application procedure
If, after receiving an application for a patent for invention, the administrative department for patent under the State Council considers it to meet the legal requirements after preliminary examination, it shall publish it at the end of 18 months from the date of application. The administrative department for patent under the State Council may, at the request of the applicant, publish the application at an early date.
Within three years from the date of application for a patent for invention, the administrative department for patent under the State Council may, at the request of the applicant at any time, examine the substance of the application; If the applicant fails to apply for substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When an applicant for a patent for invention requests examination of substance, he shall submit the reference materials related to his invention prior to the date of application. Where an application for a patent for invention has been filed in a foreign country, the administrative department for patent under the State Council may require the applicant to submit, within a specified period of time, the information searched in that country for the purpose of examining the application or the information of the examination results; If the application is not submitted within the time limit without justifiable reasons, it shall be deemed to have been withdrawn. When the administrative department for patent under the State Council considers it necessary, it may, on its own, conduct substantive examination of an application for a patent for invention.

Where no reason for rejection is found in the substantive examination of an application for a patent for invention, the administrative department for patent under the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The patent right for invention shall come into effect as of the date of announcement. Where no reason for rejection is found in the preliminary examination of an application for a patent for utility model or design, the administrative department for patent under the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall come into effect as of the date of announcement.
（9） Term of patent right
The term of the patent right for invention is 20 years, the term of the patent right for utility model is 10 years, and the term of the patent right for design is 15 years, all of which are calculated from the date of application.

In order to compensate for the time required for the examination and approval of the marketing of innovative drugs, the State Council may decide to extend the term of the patent right for the invention patent of innovative drugs which are applied for marketing both in China and abroad. The extended term shall not exceed five years, and the total effective term of the patent right shall not exceed 14 years after the marketing of innovative drugs.
（10） Annual patent fee
The patentee shall pay an annual fee from the year in which the patent right is granted. If the annual fee is not paid in accordance with the provisions, the patent right shall terminate before the expiration of the term. Where the patent right is terminated before the expiration of the term, it shall be registered and announced by the administrative department for patent under the State Council