Purposes Of The Revised Patent Law Of The Transitional Arrangements

Original Language Title: 施行修改后的专利法的过渡办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253005.shtml

Purposes of the revised patent law of the transitional arrangements

    (September 29, 2009 the State intellectual property office announced as of October 1, 2009, 53rd), first in order to protect published on December 27, 2008, the Standing Committee of the national people's Congress to amend of People's Republic of China patent law, the execution of the decision, in accordance with the legislative provisions of article 84th, these measures are formulated. Before the amendment of article shall apply to the filing date of the patent law before October 1, 2009 (excluding this day, the same below) patent applications, as well as according to the patent application for the grant of the patent; the revised patent law applies after October 1, 2009, the date of filing (including that date, the same below) patent applications and the patent applications granted patents

    But following on these measures before October 1, 2009, the date of filing of the patent application and except for special provisions according to the application for the grant of a patent.

    Means the date of filing referred to in the preceding paragraph in accordance with the understanding of the relevant provisions of the implementing regulations of the patent law.

    Article after October 1, 2009 request for grant of compulsory license for exploitation of patent, applied the revised patent law the provisions of the sixth chapter.

    Fourth administrative authorities for patent Affairs to allegations of patent infringement occurs after October 1, 2009, apply the revised patent law of 11th, 62nd, 69th, 70th, the provisions of articles.

    Fifth administrative authorities for patent Affairs to occur after October 1, 2009, investigating suspected counterfeit patents, apply the revised patent law provisions of 63rd, 64th.

    Article sixth franchise after October 1, 2009 marked the patent identification of applicable provisions of the revised patent law article 17th.

    Seventh no habitual residence or business office in China, foreigner, foreign enterprise or other foreign organization after October 1, 2009, entrust or modification of patent Agency, apply the provisions of the revised patent law article 19th. Eighth article of the rules take effect on October 1, 2009.