Implementing Regulations of the Patent Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:35:40Source:sipo
(2) without authorization, using the patent number of another person in the advertisement or in any other promotional materials of his or its product, so as to mislead other persons to regard the technology concerned as the patented technology of another person;
(3) without authorization, using the patent number of another person in the contract entered into by him or it , so as to mislead other persons to regard the technology referred to in the contract as the patented technology of another person;
(4) counterfeiting or transforming any patent certificate, patent document or patent application document of another person.
Rule 85 Any of the following is an act of passing a non-patented product off as patented product or passing a non-patented process off as patented process:
(1) making or selling non-patented products which are affixed with patent marking;
(2) continuing to affix patent marking on the products that are made or sold after the patent right concerned has been declared invalid;
(3) passing any non-patented technology off as patented technology in the advertisements or in any other promotional materials;
(4) stating any non-patented technology as patented technology in any contract entered into by him or it;
(5) counterfeiting or transforming any patent certificate, patent document or patent application document.
Rule 86 Any party concerned to a dispute over the ownership of the right to apply for a patent or the patent right, which is pending before the administrative authority for patent affairs or the people's court, may request the Patent Administration Department under the State Council to suspend the relevant procedures.
Any party requesting the suspension of the relevant procedures in accordance with the preceding paragraph, shall submit a written request to the Patent Administration Department under the State Council , and attach a copy of the document acknowledging the receipt of the relevant request from the administrative authority for patent affairs or the people's court.
After the decision made by the administrative authority for patent affairs or the judgment rendered by the people's court enters into force, the parties concerned shall request the Patent Administration Department under the State Council to resume the suspended procedure. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent right, and it is necessary to continue the suspension, the party who or that the request shall, within the said time limit, request to extend the suspension. If, at the expiration of the said time limit, no such request for extension is filed, the Patent Administration Department under the State Council shall resume the procedure on its own initiative.
Rule 87 Where, in hearing civil cases, the people's court has ordered the adoption of measures for a patent right preservation, the Patent Administration Department under the State Council , for the purpose of assisting the execution of the order, shall suspend the relevant procedure concerning the preserved patent right. At the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the Patent Administration Department under the State Council shall resume the relevant procedure on its own initiative.
Chapter VIII Patent Registration and Patent Gazette
Rule 88 The Patent Administration Department under the State Council shall keep a Patent Register in which the registration of the following matters relating to patent application or patent right shall be made:
(1) any grant of the patent right;
(2) any transfer of the right of patent application or the patent right;
(3) any pledge and preservation of the patent right and their discharge;
(4) any patent license contract for exploitation submitted for the record;
(5) any invalidation of the patent right;
(6) any cessation of the patent right;
(7) any restoration of the patent right;
(8) any compulsory license for exploitation of the patent;
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