The year in which the Patent Law was officially implemented and when the Patent Law of China was off

Jite Intellectual Property: Patent application is a necessary procedure for obtaining patent rights. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate.

When filing a patent application with the national patent office, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc. In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply for it yourself or find a patent ** agency to apply.

China's Patent Law was adopted by the Fourth Session of the Sixth National People's Congress on March 12, 1984 and came into force on April 1, 1985.

Amended for the first time in accordance with the Decision on Amending the Patent Law of the People's Republic of China issued at the 27th Session of the Standing Committee of the Seventh National People's Congress on September 4, 1992; Second amendment of 25 August 2000; Third amendment of 27 December 2008.

Adopted at the Fourth Session of the Standing Committee of the Sixth National People's Congress on March 12, 1984;

Amended for the first time in accordance with the Decision on Amending the Patent Law of the People's Republic of China issued at the 27th Session of the Standing Committee of the Seventh National People's Congress on September 4, 1992;

Amended for the second time in accordance with the Decision on Amending the Patent Law of the People's Republic of China issued at the 17th Session of the Standing Committee of the Ninth National People's Congress on August 25, 2000;

Amended for the third time in accordance with the Decision on Amending the Patent Law of the People's Republic of China at the Sixth Session of the Standing Committee of the Eleventh National People's Congress on December 27, 2008.

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Legal analysis: On June 1, 2021, the latest Patent Law of the People's Republic of China came into effect, which is also the fourth amendment in accordance with the Decision on Amending the Patent Law of the People's Republic of China at the 22nd Session of the Standing Committee of the 13th National People's Congress on October 17, 2020.

Legal basis: Patent Law of the People's Republic of China Article 1 This Law is enacted in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation ability, and promote scientific and technological progress and economic and social development.

The Patent Law of the People's Republic of China came into force on April 1, 1985. The details are as follows:

a) Words**.

"patent", which contains the meaning of disclosure, originally refers to a document stamped with the national seal that can be opened and read without opening the seal. The patentee granted a patent by a patent certificate issued by the state shall have the exclusive right (also known as monopoly or exclusive right) to manufacture, use, sell (and in some countries also include the import of the patented invention or design) within the time limit prescribed by law. Other persons must obtain the consent of the patent holder before they can do the above, otherwise it will be infringing.

Upon the expiration of the term of the patent, the patent right shall be extinguished. The invention or design may be used by any person free of charge.

It is generally believed that the purpose of the promulgation and implementation of the Patent Law by the state is to promote the active investment of market resources in the direction conducive to the continuous generation of inventions and creations, and to promote the vigorous development of the economy and industry. In this regard, the Patent Law of the People's Republic of China describes the legislative purpose as follows: "This Law is enacted in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development."

2) China's development.

The Chinese patent law is 20 years.

1) On March 12, 1984, after more than five years of gestation, the Patent Law of the People's Republic of China was promulgated and officially implemented on April 1, 1985. The implementation of the Patent Filial Piety Law legally recognizes that inventions and creations can be protected as intangible property.

2) In 1992, China made the first amendment to the Patent Law, expanding the scope of patent protection, extending the term of patent rights, increasing the protection of imported patented products, stipulating that the protection of process patents should be extended to products directly obtained by the process, and re-stipulating the conditions for compulsory licensing of patents, all of which marked that the level of patent protection in China had reached a new height and was increasingly in harmony with the international development trend.

3) On January 1, 1993, China began to implement the revised Patent Law.

4) On August 25, 2000, the Decision on Amending the Patent Law of the People's Republic of China was adopted.

5) On October 1, 2003, the patent application number was raised from 8 digits to 12 digits.

6) On March 12, 2004, on the 20th anniversary of the promulgation of the Chinese Patent Law, China's "Electronic Patent Application System" was officially opened, and the first Chinese electronic patent application was born, which made a strong mark in the history of Chinese patents.

7) On March 17, 2004, the fifth day after the 20th anniversary of the promulgation of the Chinese Patent Law, the total number of patent applications in China exceeded 2 million, truly realizing the leapfrog development of patent applications.

1. What is Patent Law?

Patent law is the sum of legal norms that regulate certain social relations arising from inventions and promote technological progress and economic development. By its nature, patent law is both domestic and foreign-related; It is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, examination and approval; It is not only a law that regulates the vertical relationship in the management of patent application, examination, approval and patent implementation, but also a law that regulates the horizontal relationship of patent ownership, patent assignment and licensing; It is not only the law that regulates the personal relationship of the patent, but also the law that regulates the relationship between the property of the patent.

2. Patent examination and approval system.

1. Registration system.

The Patent Office only conducts a formal examination of a patent application, and if the formalities and documents are complete, it will register and grant a patent, but does not conduct substantive examination. The patents of the registered sedan car system are often of low quality. China's current patent law adopts this method for utility model patents and design patents, which not only reduces the pressure of examination and approval, but also causes the problem of excessive quantity and low quality of patents in practice.

2. Substantive examination system.

That is, not only the formal examination, but also the novelty, advancement and practicality of the invention. Substantive examination can ensure the quality of patents, but it requires a large number of high-level examiners, and it is easy to cause a large backlog.

3. Postponement of examination system.

For applications that have passed the formal examination, a certain period of time (e.g., 18 months) from the date of filing of the application shall be published and temporary protection shall be granted; If the applicant requests the Patent Office to conduct substantive examination within a certain period of time after publication, and fails to request substantive examination within the time limit, the application shall be deemed to be withdrawn. The introduction of a postponement of examination system can reduce the burden of examination. China adopts a postponement examination system for patent approval.

3. When will China begin to implement the Patent Law?

China's first Patent Law of the People's Republic of China came into force on April 1, 1985. Adopted at the Fourth Session of the Standing Committee of the Sixth National People's Congress on March 12, 1984;

China's current Patent Law of the People's Republic of China came into force on October 1, 2009. On December 27, 2008, the Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China was adopted by the Standing Committee of the Eleventh National People's Congress of the People's Republic of China at its sixth session.

On June 1, 2021, the latest Patent Law of the People's Republic of China came into effect, which is also the fourth amendment in accordance with the Decision on Amending the Patent Law of the People's Republic of China at the 22nd Session of the Standing Committee of the 13th National People's Congress on October 17, 2020. Legal basis: Patent Law of the People's Republic of China Article 1 This Law is enacted in order to protect the legitimate rights and interests of the right holders of the exclusive land sector, encourage invention and creation, promote the application of invention and creation, improve innovation ability, and promote scientific and technological progress and economic and social development.