專利法實(shí)施細(xì)則中英文

1、專利法實(shí)施細(xì)則中英文【篇一：中華人民共和國(guó)專利法實(shí)施細(xì)則(中英文對(duì)照 )】中華人民共和國(guó)專利法實(shí)施細(xì)則rules for the implementation of the patent law of the peoples republic of china is hereby promulgated, and enter into force as of july 1, 2001.第一條 根據(jù)中華人民共和國(guó)專利法（以下簡(jiǎn)稱專利法），制定本細(xì)則。article 1 these rules are formulated in accordance with the patent law of

2、the peoples republic of china (hereinafter referred to as the patent law)第二條 專利法所稱發(fā)明，是指對(duì)產(chǎn)品、方法或者其改進(jìn)所提出的新的技術(shù)方案。article 2 invention as mentioned in the patent law means any new technical solution relating to a product, a process or an improvement thereof.專利法所稱實(shí)用新型，是指對(duì)產(chǎn)品的形狀、構(gòu)造或者其結(jié)合所提出的適于實(shí)用的新的技術(shù)方案。 utili

3、ty model as mentioned in the patent law means any new technical solution relating to a products shape, structure, or a combination thereof, which is fit for practical use.專利法所稱外觀設(shè)計(jì)，是指對(duì)產(chǎn)品的形狀、圖案或者其結(jié)合以及色彩與形狀、圖案的結(jié)合所作出的富有美感并適于工業(yè)應(yīng)用的新設(shè)計(jì)。design as mentioned in the patent law means any new design of a produc

4、ts shape, pattern or a combination thereof, as well as its combination with the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application.第三條 專利法和本細(xì)則規(guī)定的各種手續(xù)，應(yīng)當(dāng)以書面形式或者國(guó)務(wù)院專利行政部門規(guī)定的其他形式辦理。article 3 all formalities provided in the patent law or

5、 these rules shall be fulfilled in a written form or another form provided by the administrative department for patents under the state council.第四條 依照專利法和本細(xì)則規(guī)定提交的各種文件應(yīng)當(dāng)使用中文；國(guó)家有統(tǒng)一規(guī)定的科技術(shù)語(yǔ)的，應(yīng)當(dāng)采用規(guī)范詞；外國(guó)人名、地名和科技術(shù)語(yǔ)沒(méi)有統(tǒng)一中文譯文的，應(yīng)當(dāng)注明原文。article 4 anydocument to be submitted under the patent law or these rules sh

6、all be in chinese. a standard technical terminology shall be used if it is uniformly provided by the state. where there is no uniform chinese translation for the name of a foreigner, a foreign locality or a foreign technical terminology, the term in the original language shall be indicated.依照專利法和本細(xì)則

7、規(guī)定提交的各種證件和證明文件是外文的，國(guó)務(wù)院專利行政部門認(rèn)為必要時(shí)，可以要求當(dāng)事人在指定期限內(nèi)附送中文譯文；期滿未附送的，視為未提交該證件和證明文件。where any certificate or certified document which is to be submitted in accordance with the patent law or these rules is in a foreign language, the administrative department for patent under the state council may, when consid

8、ered necessary, request the party concerned to submit a chinese translation within a specified time limit; where the translation has not been submitted at the expiry of the time limit, the certificate or certified document shall be deemed to have not been submitted.第五條 向國(guó)務(wù)院專利行政部門郵寄的各種文件，以寄出的郵戳日為遞交日；

9、article 5 for any document sent by mail to the administrative department for patent under the state council, the date of mailing indicated by the postmark shall be regarded as the application date.郵戳日不清晰的，除當(dāng)事人能夠提出證明外，以國(guó)務(wù)院專利行政部門收到日為遞交日。 if the date of mailing indicated by the postmark is illegible, t

10、he date on which the administrative department for patent under the state council receives the document shall be regarded as the application date unless otherwise proven by the party concerned.國(guó)務(wù)院專利行政部門的各種文件，可以通過(guò)郵寄、直接送交或者其他方式送達(dá)當(dāng)事人。 any document of the administrative department for patent under the s

11、tate council may be servedby mail, by personal delivery or by other means.當(dāng)事人委托專利代理機(jī)構(gòu)的，文件送交專利代理機(jī)構(gòu)；未委托專利代理機(jī)構(gòu)的，文件送交請(qǐng)求書中指明的聯(lián)系人。where any party concerned has entrusted a patent agency, the document shall be sent to the patent agency; where no patent agency has been entrusted, the document shall be sent

12、to the contact designated in the written request.國(guó)務(wù)院專利行政部門郵寄的各種文件，自文件發(fā)出之日起滿日，推定為當(dāng)事人收到文件之日。for any document mailed by the administrative department for patent under the state council, the 15th day from the date when the document was sent shall be presumed to be the date of the reception of the docume

13、nt.根據(jù)國(guó)務(wù)院專利行政部門規(guī)定應(yīng)當(dāng)直接送交的文件，以交付日為送達(dá)日。for any document to be served by personal delivery as required by the provisions of the administrative department for patent under the state council, the date of delivery shall be regarded as the date of service.文件送交地址不清，無(wú)法郵寄的，可以通過(guò)公告的方式送達(dá)當(dāng)事人。自公告之日起滿個(gè)月，該文件視為已經(jīng)送達(dá)。whe

14、re the address to which a document is to be served is not clear for the purpose of mailing, the document may be served by announcement, and shall be deemed to have been served at the expiry of 1 month as of the date of announcement.第六條 專利法和本細(xì)則規(guī)定的各種期限的第一日不計(jì)算在期限內(nèi)。article 6 the first day of any time li

15、mit provided in the patent law or these rules shall not be counted.期限以年或者月計(jì)算的，以其最后一月的相應(yīng)日為期限屆滿日；where a time limit is counted by years or by months, it shall expire on the corresponding day of the last month;該月無(wú)相應(yīng)日的，以該月最后一日為期限屆滿日；期限屆滿日是法定節(jié)假日的，以節(jié)假日后的第一個(gè)工作日為期限屆滿日。where there is no corresponding day in

16、that month, the time limit shall expire on the last day of that month; and where a time limit expires on a statutory holiday, it shall expire on the first working day following that statutory holiday.第七條 當(dāng)事人因不可抗拒的事由而延誤專利法或者本細(xì)則規(guī)定的期限或者國(guó)務(wù)院專利行政部門指定的期限，導(dǎo)致其權(quán)利喪失的，自障礙消除之日起個(gè)月內(nèi)，最遲自期限屆滿之日起年內(nèi)，可以向國(guó)務(wù)院專利行政部門說(shuō)明理由并附

17、具有關(guān)證明文件，請(qǐng)求恢復(fù)權(quán)利。article 7 where a party concerned has delayed past the time limit provided in the patent law or these rules or that specified by the administrative department for patent under the state council due to force majeure, thus resulting the loss of his/its rights, he/it may, within 2 months

18、 as of the removal of the impediment, or at the latest within 2 years as of the expiry of that time limit, request the administrative department for patent under the state council to recover his/its rights by stating the reasons and affixing relevant supporting documents.當(dāng)事人因正當(dāng)理由而延誤專利法或者本細(xì)則規(guī)定的期限或者國(guó)務(wù)

19、院專利行政部門指定的期限，導(dǎo)致其權(quán)利喪失的，可以自收到國(guó)務(wù)院專利行政部門的通知之日起個(gè)月內(nèi)向國(guó)務(wù)院專利行政部門說(shuō)明理由，請(qǐng)求恢復(fù)權(quán)利。where a party concerned has delayed past the time limit provided in the patent law or these rules or that specified by the administrative department for patent under the state council due to a justified reason, thus resulting in the

20、loss of his/its rights, he/it may, within 2 months as of the receipt of the notice from the administrative department for patent under the state council, request the administrative department for patent under the state council to recover his/its rights by stating the reason.當(dāng)事人請(qǐng)求延長(zhǎng)國(guó)務(wù)院專利行政部門指定的期限的，應(yīng)當(dāng)

21、在期限屆滿前，向國(guó)務(wù)院專利行政部門說(shuō)明理由并辦理有關(guān)手續(xù)。where a party concerned requests extension of the time limit specified by the administrative department for patent under the state council, he/it shall, before the expiry of the said time limit, state the reason to the administrative department for patent under the state

22、 council and fulfill relevant formalities.本條第一款和第二款的規(guī)定不適用專利法第二十四條、第二十九條、第四十二條、第六十二條規(guī)定的期限。the provisions in paragraph 1 and 2 of this article shall not apply to the time limit provided in article 24, article 29, article 42, or article 62 of the patent law.第八條 發(fā)明專利申請(qǐng)涉及國(guó)防方面的國(guó)家秘密需要保密的，由國(guó)防專利機(jī)構(gòu)受理；article

23、8 where an application for a patent for invention involves any state secret in respect to national defense thatneeds to be maintained confidential, it shall be accepted by the institution for patent of national defense.國(guó)務(wù)院專利行政部門受理的涉及國(guó)防方面的國(guó)家秘密需要保密的發(fā)明專利申請(qǐng)，應(yīng)當(dāng)移交國(guó)防專利機(jī)構(gòu)審查，由國(guó)務(wù)院專利行政部門根據(jù)國(guó)防專利機(jī)構(gòu)的審查意見(jiàn)作出決定。where

24、 an application for a patent for invention which involves any state secret in respect to national defense that needs to be maintained confidential has been accepted by the administrative department for patent under the state council, it shall be transferred to the institution for patent of national

25、defense for examination, and the administrative department for patent under the state council shall make its decision upon the opinions from the examination by the institution for patent of national defense.除前款規(guī)定的外，國(guó)務(wù)院專利行政部門受理發(fā)明專利申請(qǐng)后，應(yīng)當(dāng)將需要進(jìn)行保密審查的申請(qǐng)轉(zhuǎn)送國(guó)務(wù)院有關(guān)主管部門審查；in addition to the preceding paragraph

26、, the administrative department for patent under the state council shall, after accepting a patent application for invention, transmit it to the relevant competent department of the state council for examination if such invention needs to be examined for its confidential nature.有關(guān)主管部門應(yīng)當(dāng)自收到該申請(qǐng)之日起個(gè)月內(nèi)，

27、將審查結(jié)果通知國(guó)務(wù)院專利行政部門； the said department shall, within 4 months as of the receipt of the application, notify the administrative department for patent under the state council of the examination result.需要保密的，由國(guó)務(wù)院專利行政部門按照保密專利申請(qǐng)?zhí)幚?，并通知申?qǐng)人。where the invention needs to be maintained confidential, the administ

28、rative department for patent under the state council shall deal with the application as one of confidential patent and notify the applicant accordingly.第九條 專利法第五條所稱違反國(guó)家法律的發(fā)明創(chuàng)造，不包括僅其實(shí)施為國(guó)家法律所禁止的發(fā)明創(chuàng)造。article 9 invention-creation that violates the laws of the state mentioned in article 5 of the patent l

29、aw shall not include the invention-creations the use of which is prohibited by the laws of the state.第十條 除專利法第二十八條和第四十二條規(guī)定的情形外，專利法所稱申請(qǐng)日，有優(yōu)先權(quán)的，指優(yōu)先權(quán)日。article 10 except for the circumstances provided in article 28 and article 42 of the patent law, the application date mentioned in the patent law means

30、the priority date if there is a right of priority concerned.本細(xì)則所稱申請(qǐng)日，除另有規(guī)定的外，是指專利法第二十八條規(guī)定的申請(qǐng)日。unless otherwise provided, the application date mentioned in these rules means the one provided in article 28 of the patent law.第十一條 專利法第六條所稱執(zhí)行本單位的任務(wù)所完成的職務(wù)發(fā)明創(chuàng)造，是指：article 11 service invention-creation made

31、by a person in execution of the tasks of the entity to which he belongs mentioned in article 6 of the patent law means any invention-creation made:（一）在本職工作中作出的發(fā)明創(chuàng)造；(1) in the course of performing his own duty;（二）履行本單位交付的本職工作之外的任務(wù)所作出的發(fā)明創(chuàng)造；(2) in execution of any task, other than his own duty, which w

32、as delivered to him by the entity to which he belongs;（三）退職、退休或者調(diào)動(dòng)工作后年內(nèi)作出的，與其在原單位承擔(dān)的本職工作或者原單位分配的任務(wù)有關(guān)的發(fā)明創(chuàng)造。(3) within 1 year from his resignation, retirement or change of work, provided that the invention-creation relates to his own duty or to the other task distributed to him by the entity to which

33、he previously belonged.專利法第六條所稱本單位，包括臨時(shí)工作單位；專利法第六條所稱本單位的物質(zhì)技術(shù)條件，是指本單位的資金、設(shè)備、零部件、原材料或者不對(duì)外公開(kāi)的技術(shù)資料等。the entity to which he belongs mentioned in article 6 of the patent law may also be a temporary entity for which the person works; material resources of the entity mentioned in article 6 of the patent law

34、 shall include the entitys money, equipment, spare parts, raw materials, or technical data which are not to be disclosed to the public.第十二條 專利法所稱發(fā)明人或者設(shè)計(jì)人，是指對(duì)發(fā)明創(chuàng)造的實(shí)質(zhì)性特點(diǎn)作出創(chuàng)造性貢獻(xiàn)的人。article 12 inventor or designer as mentioned in the patent law means any person who has made creative contributions to the

35、substantive features of the invention-creation.在完成發(fā)明創(chuàng)造過(guò)程中，只負(fù)責(zé)組織工作的人、為物質(zhì)技術(shù)條件的利用提供方便的人或者從事其他輔助工作的人，不是發(fā)明人或者設(shè)計(jì)人。any person who, in the process of accomplishing the invention-creation, is responsible only for organizational work, or who offers facilities for the use of material resources, or who takes pa

36、rt in other auxiliary functions, shall not be an inventor or designer.第十三條 同樣的發(fā)明創(chuàng)造只能被授予一項(xiàng)專利。article 13 for any identical invention-creations, only one patent right shall be granted.依照專利法第九條的規(guī)定，兩個(gè)以上的申請(qǐng)人在同一日分別就同樣的發(fā)明創(chuàng)造申請(qǐng)專利的，應(yīng)當(dāng)在收到國(guó)務(wù)院專利行政部門的通知后自行協(xié)商確定申請(qǐng)人。in accordance with article 9 of the patent law, two

37、 or more applicants who, on the same day, file applications for patent regarding identical invention-creations, shall, after receiving【篇二：專利法實(shí)施細(xì)則(2010 英文版 )】implementing regulationsof the patent law of the peoples republic of china (promulgated by decree no. 306 of the state council of thepeoples re

38、public of china on june 15,2001, amended the first time on december 28,2002 according to the decision of the state council on amending the implementing regulations of the patent law of the peoples republic of china, and amended the second time on january 9,2010 according to the decision of the state

39、 council on amending the implementing regulations of the patent law of the peoples republic of china)translated by the state intellectual property office of the peoples republic of china. in case of discrepancy, the original version in chinese shall prevail.chapter i general provisionsrule 1. these

40、implementing regulations are formulated in accordance with the patent law of the peoples republic of china (hereinafter referred to as the patent law).rule 2. any formalities prescribed by the patent law and these implementing regulations shall be complied with in a written form or in any other form

41、 prescribed by the patent administration department under the state council.rule 3. any document submitted in accordance with the provisions of the patent law and these implementing regulations shall be in chinese; the standard scientific and technical terms shall be used if there is a prescribed on

42、e set forth by the state; where no generally accepted translation in chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated.where any certificate or certifying document submitted in accordance with the provisions of the paten

43、t law and these implementing regulations is in a foreign language, the patent administration department under the state council may, when it deems necessary, request a chinese translation of the certificate or the certifying document be submitted within a specified time limit; where the translation

44、is not submitted within the specified time limit, the certificate or certifying document shall be deemed not to have been submitted.rule 4. where any document is sent by mail to the patent administration department under the state council, the date of mailing indicated by the postmark on the envelop

45、e shall be deemed to be the date of filing; where the date of mailing indicated by the postmark on the envelope is illegible, the date on which the patent administration department under the state council receives the document shall be the date of filing, except where the date of mailing is proved b

46、y the party concerned.any document of the patent administration department under the state council may be served by mail, by personal delivery or by other forms. where any party concerned appoints a patent agency, the document shall be sent to the patent agency; where no patent agency is appointed,

47、the document shall be sent to the contacting person named in the request.where any document is sent by mail by the patentadministration department under the state council, the 16thday from the date of mailing shall be presumed to be the dateon which the party concerned receives the document.where an

48、y document is delivered personally in accordancewith the provisions of the patent administrationdepartment under the state council, the date of delivery is thedate on which the party concerned receives the document.where the address of any document is not clear and it cannot be sent by mail, the doc

49、ument may be served by making an announcement. at the expiration of one month from the date of the announcement, the document shall be deemed to have been served.rule 5. the first day of any time limit prescribed in the patent law and these implementing regulations shall not be counted in the time l

50、imit. where the time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, the time limit shall expire on the last day of that month; if a time limit expires on an official holiday, it shall expire on the fir

51、st working day following that official holiday.rule 6. where a time limit prescribed in the patent law or these implementing regulations or specified by the patent administration department under the state council is not observed by a party concerned because of force majeure, resulting in loss of hi

52、s or its rights, he or it may, within two months from the date on which the impediment is removed, at the latest within two years immediately following the expiration of that time limit request the patent administration department under the state council to restore his or its rights.except for circu

53、mstances prescribed in preceding paragraph, where a time limit prescribed in the patent law or these implementing regulations or specified by the patent administration department under the state council is not observed by a party concerned because of any other justified reason, resulting in loss of

54、his or its rights, he or it may, within two months from the date of receipt of a notification from the patent administration department under the state council, request the patent administration department under the state council to restore his or its rights.where any party concerned requests to res

55、tore his or its right according to paragraph one or paragraph two of this rule, he or it shall submit a request for restoration of his or its right, stating the reasons, attaching, if necessary, the relevant certifying documents, and go through the relevant formalities which should have been complie

56、d with before the loss of his or its right. where the party concerned requests for restoration of his or its right according to paragraph two of this rule, he or it shall pay the fee for request for restoration of right.where the party concerned makes a request for an extension of a time limit speci

57、fied by the patent administration department under the state council, he or it shall, before the time limit expires, state the reasons to the patent administration department under the state council and go through the relevant formalities.the provisions of paragraphs one and two of this rule shall n

58、ot be applicable to the time limit referred to in articles 24,29,42 and 68 of the patent law.rule 7. where an application for a patent relates to the interests of national defense and is required to be kept secret, the application for patent shall be filed with and examined by the patent department of national defense. where an application for patent received by the patent administration department under the s