(Adopted at the 4th Session of the Standing Committee of the Sixth National People's Congress on March 12, 1984, Amended for the first time by the Decision Regarding the Revision of the Patent Law of the People's Republic of China, adopted at the 27th Session of the Standing Committee of the Seventh National People's Congress on September 4, 1992; Amended for the second time by the Decision Regarding the Revision of the Patent Law of the People's Republic of China, adopted at the 17th Session of the Standing Committee of the Ninth National People’s Congress on August 25, 2000, and announced by Order No.36 of the President of the People’s Republic of China)

Chapter I GENERAL PROVISIONS

Article 1 This law is formulated for the purpose of protecting patent rights for inventions and creations, encouraging inventions and creations, fostering the spreading and application of inventions and creations, promoting the scientific and technological progress and innovations, and adapting to the needs of the construction of socialist modernization.

Article 2 In this Law, "inventions-creations" mean inventions, utility models and designs.

Article 3 The patent administrative department of the State Council shall take charge of administering the patent work throughout China, uniformly accepting and examining applications for patent, and granting patent rights in accordance with the law.

The patent administrative department of the people’s government of each province, autonomous region, or municipality directly under the Central Government shall take charge of the administration of patents within its own jurisdiction.

Article 4 Where the invention-creation for which a patent is applied for relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State.

Article 5 No patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest.

Article 6 An invention or creation made by a person in the execution of the tasks of the entity for which he works or made by him mainly by using the material means of this entity shall be a service invention or creation. The right to apply for the patent for a service invention or creation shall remain with the entity. After the application is approved, the entity shall be the patentee.

For any non-service invention or creation, the right to apply for a patent shall remain with the inventor or creator. After the application is approved, the inventor or creator shall be the patentee.

For an invention or creation made by a person mainly by using the material means of the entity for which he works, if there is a contract between the entity and the inventor or creator stipulating the right to apply for the patent and the attribution of the patent right, such stipulations shall prevail.

Article 7 No entity or individual shall prevent the inventor or creator from filing an application for a patent for a non service invention-creation.

Article 8 For an invention or creation made in cooperation by two or more entities or individuals, or made by an entity or individual in the execution of a commission given to it by another entity or individual, the right to apply for a patent shall, unless otherwise agreed upon, remain with the entity or individual which made, or with the entities or individuals which jointly made, the invention or creation. After the application is approved, the entity (or entities) or individual(s) that file the application shall be the patentee.

Article 9 Where two or more applicants file applications for patent for the identical invention-creation, the patent right shall be granted to the applicant whose application was filed first.

Article 10 The right to apply for a patent and the patent right may be assigned.

Any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner must be approved by the competent department concerned of the State Council.

Where the right to apply for a patent or a patent right is assigned, the parties concerned shall conclude a written contract, and have the contract registered in the patent administrative department of the State Council. The said contract shall be announced by the patent administrative department of the State Council. The assignment of the right to apply for the patent or the patent right shall come into force as of the date of registration.

Article 11 After the grant of the patent right for an invention or utility model, unless otherwise prescribed in this Law, no entity or individual is entitled to, without permission of the patentee, exploit the patent, that is, to make, use, promise the sale of, sell or import the patented product, or use the patented process and use, promise the sale of, sell or import the product directly obtained from the patented process, for production or business purposes.

After the grant of the patent right for a design, no entity or individual is entitled to, without permission of the patentee, exploit the patent, that is, to make, sell or import the product incorporating its or his patented design, for production or business purposes.

Article 12 Any entity or individual exploiting the patent of another must, except as provided for in Article 14 of this Law, conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract for exploitation, to exploit the patent.

Article 13 After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee.

Article 14 Where any patent for invention owned by a state-owned enterprise or public institution is of great significance to the interests of the state or to the public interests, the relevant competent department of the State Council and the people’s government of the province, autonomous region, or municipality directly under the Central Government may, upon approval of the State Council, decide to spread and apply the patent within the approved scope, allow designated entities to exploit the patent; and the exploiting entity shall, in accordance with the legal provisions of the state, pay royalties to the patentee.

Any patent for invention owned by a Chinese individual or entity under collective ownership, which is of great significance to the interests of the state or to the public interests and is in need of spreading and application, may be treated alike with reference to the provisions of the preceding paragraph.

Article 15 The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product.

Article 16 The entity to whom a patent right is granted shall award to the inventor or creator of the service invention or creation a reward and shall, after exploitation of the patented invention or creation, pay the inventor or creator a reasonable remuneration on the basis of the scope of spreading and application as well as the economic benefits yielded.

Article 17 The inventor or creator has the right to be named as such in the patent document.

Article 18 Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.

Article 19 Where any foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the patent administrative department of the State Council to act as his or its agent.

Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent.
A patent agency shall abide by the laws and administrative regulations, file applications for patent or handle other patent affairs as entrusted by the principal. It shall also be obligated to keep confidential for the contents of the principal’s invention or creation, unless the application for patent has been published or announced. The specific measures for the administration of patent agencies shall be formulated by the State Council.

Article 20 Where any Chinese entity or individual intends to file an application in a foreign country for a patent for invention or creation made in China, it or he shall file first an application for patent to the patent administrative department of the State Council, appoint a patent agency designated by the said patent administrative department, and abide by Article 4 of this Law.

A Chinese entity or individual may, in accordance with the relevant international treaties acceded to by the People’s Republic of China, file an international application for patent. An applicant who files an international application for patent shall abide by the provisions of the preceding paragraph.

The patent administrative department of the State Council shall handle international applications for patent in accordance with the relevant international treaties acceded to by the People’s Republic of China, this Law, and the relevant provisions of the State Council.

Article 21 The patent administrative department of the State Council and the Board of Patent Appeals and Interferences shall, pursuant to the requirements of being objective, impartial, accurate and timely, handle the relevant patent applications and appeals.

Before an application for patent is published or announced, the staff members and other relevant persons of the patent administrative department of the State Council shall be obligated to keep confidential for the contents therein.

Chapter II REQUIREMENTS FOR GRANT OF PATENT RIGHT

Article 22 Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability.

Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the patent administrative department of the State Council an application which described the identical invention or utility model and was published after the said date of filing.

Inventiveness means that, as compared with the technology existing before the date of filing the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress. Practical applicability means that the invention or utility model can be made or used and can produce effective results.

Article 23 Any design for which a patent right is granted shall not be identical with or similar to any design which, before the date of filing, has been publicly disclosed in publications in our country or abroad or has been publicly used in our country, nor shall it be in conflict with the prior lawful right of anyone else.

Article 24 An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred:
(1) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government;
(2) where it was first made public at a prescribed academic or technological meeting;
(3) where it was disclosed by any person without the consent of the applicant.

Article 25 For any of the following, no patent right shall be granted:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for the diagnosis or for the treatment of diseases;
(4) animal and plant varieties;
(5) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.

Chapter III APPLICATION FOR PATENT

Article 26 Where an application for a patent for invention or utility model is filed,a request, a description and its abstract, and claims shall be submitted.

The request shall state the title of the invention or utility model, the name of the inventor or creator, the name and the address of the applicant and other related matters.

The description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention or utility model.

The claims shall be supported by the description and shall state the extent of the patent protection asked for.

Article 27 Where an application for a patent for design is filed, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated.

Article 28 The date on which the patent administrative department of the State Council receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing.

Article 29 Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority.

Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention or utility model, he or it files with the patent administrative department of the State Council an application for a patent for the same subject matter, he or it may enjoy a right of priority.

Article 30 Any applicant who claims the right of priority shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting the patent application document, the claim to the right of priority shall be deemed not to have been made.

Article 31An application for a patent for invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a single general inventive concept may be filed as one application.

An application for a patent for design shall be limited to one design incorporated in one product. Two or more designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application.

Article 32 An applicant may withdraw his or its application for a patent at any time before the patent right is granted.

Article 33 An applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of the disclosure contained in the initial description and claims, and the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs.

Chapter IV EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT

Article 34 Where, after receiving an application for a patent for invention, the patent administrative department of the State Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, the patent administrative department of the State Council publishes the application earlier.

Article 35 Upon the request of the applicant for a patent for invention, made at any time within three years from the date of filing, the patent administrative department of the State Council will proceed to examine the application as to its substance. If, without any justified reason, the applicant fails to meet the time limit for requesting examination as to substance, the application shall be deemed to have been withdrawn.

The patent administrative department of the State Council may, on its own initiative, proceed to examine any application for a patent for invention as to its substance when it deems it necessary.

Article 36 When the applicant for a patent for invention requests examination as to substance, he or it shall furnish pre-filing date reference materials concerning the invention.

Where an applicant for a patent for invention has filed in a foreign country an application for a patent for the same invention, the patent administrative department of the State Council may require the applicant to, within the specified time limit, submit documents concerning any retrieval made for the purpose of examining that application, or concerning the results of any examination made, in that country. If, without any justified reason, the said documents are not submitted within the specified time limit, the application shall be deemed to have been withdrawn.

Article 37 Where the patent administrative department of the State Council, after it has made the examination as to substance of the application for a patent for invention, finds that the application is not in conformity with the provisions of this Law, it shall notify the applicant and request him or it to submit, within a specified time limit, his or its observations or to amend the application. If, without any justified reason, the time limit for making response is not met, the application shall be deemed to have been withdrawn.

Article 38 Where, after the applicant has made the observations or amendments, the patent administrative department of the State Council finds that the application for a patent for invention is still not in conformity with the provisions of this Law, the application shall be rejected.

Article 39 Where it is found after substance examination that there is no reason for rejection of the application for a patent for invention, the patent administrative department of the State Council shall make a decision to grant the patent right for invention, issue a certificate of patent for invention, and register and announce it. The patent right for invention shall become effective on the date of announcement.

Article 40 Where it is found after preliminary examination that there is no reason for rejection of the application for a patent for utility model or design, the patent administrative department of the State Council shall make a decision to grant the patent right for utility model or that for design, issue the relevant patent certificate, and register and announce it. The patent right for utility model or that for design shall become effective on the date of announcement.

Article 41 The patent administrative department of the State Council shall set up a Board of Patent Appeals and Interferences. If any patent applicant is dissatisfied with the decision of the patent administrative department of the State Council on rejecting the application, it/he may, within three months as of receipt of the notification, appeal to the Board of Patent Appeals and Interferences for review. The Board of Patent Appeals and Interferences shall, after the review, make a decision and notify the patent applicant.

Where a patent applicant is dissatisfied with the review decision of the Board of Patent Appeals and Interferences, it/he may, within three months as of receipt of the notification, bring a lawsuit to the people’s court.

Chapter V DURATION, CESSATION AND INVALIDATION OF PATENT RIGHT

Article 42 The duration of patent right for inventions shall be twenty years, the duration of patent right for utility models and patent right for designs shall be ten years, counted from the date of filing.

Article 43 The patentee shall pay an annual fee beginning with the year in which the patent right was granted.

Article 44 In any of the following cases, the patent right shall cease before the expiration of its duration:
(1) where an annual fee is not paid as prescribed;
(2) where the patentee abandons his or its patent right by a written declaration. Any cessation of the patent right shall be registered and announced by the patent administrative department of the State Council.

Article 45 Where, as of the announcement of the grant of the patent right by the patent administrative department of the State Council, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it or he may request the Board of Patent Appeals and Interferences to declare the patent right invalid.

Article 46 The Board of Patent Appeals and Interferences shall timely examine the request for declaring invalidation of a patent right, make a decision and notify the requester and the patentee. The decision declaring invalidation of the patent right shall be registered and announced by the patent administrative department of the State Council.

Where any party is dissatisfied with the decision of the Board of Patent Appeals and Interferences on declaring the patent right invalid or upholding the patent right, such a party may, within three months as of receipt of the notification, bring a lawsuit to the people’s court. The people’s court shall notify the opposite party in the procedures for requesting declaration of invalidation as a third party to participate in the litigation.

Article 47 Any patent right that has been declared invalid shall be deemed to be non-existent from the very beginning.

The decision on declaring the invalidation of a patent right shall have no retroactive effect on any judgment or ruling on patent infringement which has been pronounced and enforced by the people’s court, on any implemented or compulsorily enforced decision concerning the settlement of a dispute over patent infringement, or on any performed contract for license of patent exploitation or for assignment of patent right, prior to the decision of declaring invalidation. However, the patentee shall compensate the damages it has maliciously caused to any other person.

Where, in accordance with the provisions of the preceding paragraph, the fact that no royalties for the exploitation of the patent or no price for the assignment of the patent right is refunded by the patentee or the assignor of the patent right to the licensee or the assignee of the patent right is obviously contrary to the principle of fairness, the patentee or the assignor of the patent right shall totally or partially refund the royalties for the exploitation of the patent or the price for the assignment of the patent right to the licensee or the assignee of the patent right.

Chapter VI COMPULSORY LICENSE FOR EXPLOITATION OF THE PATENT

Article 48 Where any entity which is qualified to exploit the invention or utility model has made requests for authorization from the patentee of an invention or utility model to exploit its or his patent on reasonable terms and such efforts have not been successful within a reasonable period of time, the patent administrative department of the State Council may, upon the application of that entity, grant a compulsory license to exploit the patent for invention or utility model.

Article 49 Where a national emergency or any extraordinary state of affairs occurs, or where the public interest so requires, the patent administrative department of the State Council may grant a compulsory license to exploit the patent for invention or utility model.

Article 50 Where an invention or utility model for which the patent right was granted has major technical progress of prominent economic significance when compared with another invention or utility model for which the patent right has been granted earlier, and the exploitation of the later invention or utility model depends on the exploitation of the earlier one, the patent administrative department of the State Council may, upon the request of the later patentee, grant a compulsory license to exploit the earlier invention or utility model.

Where, according to the preceding paragraph, a compulsory license is granted, the patent administrative department of the State Council may, upon the request of the earlier patentee, also grant a compulsory license to exploit the later invention or utility model.

Article 51 The entity or individual requesting, in accordance with the provisions of this Law, a compulsory license for exploitation shall furnish proof that it or he has not been able to conclude with the patentee a license contract for exploitation on reasonable terms.

Article 52 Where the patent administrative department of the State Council makes a decision on granting a compulsory license for exploitation, it shall notify the patentee in time, and make registration and an announcement in addition.

A decision on granting a compulsory license for exploitation shall, on the basis of the reasons for compulsory license, specify the scope and time of exploitation. When the reasons for compulsory license have been eliminated and will no longer occur, the patent administrative department of the State Council shall, upon request of the patentee, make a decision after examination on terminating the compulsory license.

Article 53 Any entity or individual that is granted a compulsory license for exploitation shall not have an exclusive right to exploit and shall not have the right to authorize exploitation by any others.

Article 54 The entity or individual that is granted a compulsory license for exploitation shall pay to the patentee a reasonable exploitation fee, the amount of which shall be fixed by both parties in consultations. Where the parties fail to reach an agreement, the patent administrative department of the State Council shall adjudicate.

Article 55 Where a patentee is dissatisfied with the decision of the patent administrative department of the State Council on granting a compulsory license for exploitation, or where a patentee, or an entity or individual to whom the compulsory license for exploitation is granted is dissatisfied with the ruling of the patent administrative department of the State Council on the royalties payable for compulsorily licensed exploitation, he or it may, within three months as of receipt of the notification, bring a lawsuit to the people’s court.

Chapter VII PROTECTION OF PATENT RIGHT

Article 56 The extent of protection of the patent right for invention or utility model shall be determined by the terms of the claims. The description and the appended drawings may be used to interpret the claims.
The extent of protection of the patent right for design shall be determined by the product incorporating the patented design as shown in the drawings or photographs.

Article 57 In the event that a dispute arises out of any exploitation of a patent without permission of the patentee, that is, the infringement of a patent right, the parties shall settle the dispute through negotiation. If they are not willing to negotiate or fail to reach an agreement through negotiation, the patentee or any interested party may either bring a lawsuit to the people’s court, or request the patent administrative department, for settlement. The patent administrative department may, if ascertaining at the time of settlement that there exists the infringement act, order the infringer to immediately stop the infringement act. The party dissatisfied may, within 15 days as of receipt of the notification, bring a lawsuit to the people’s court in accordance with the “Administrative Litigation Law of the People’s Republic of China”. If the infringer neither brings a lawsuit within the time limit nor stops the infringement act, the patent administrative department may apply to the people’s court for compulsory enforcement. The patent administrative department that settles the dispute may, upon request of the parties, hold a mediation regarding the compensation amount for infringement of the patent right. If no agreement can be reached through mediation, either party may bring a lawsuit to the people’s court in accordance with the “Civil Litigation Law of the People’s Republic of China.

Where any dispute over infringement of a patent right is involved in a patent for invention for the manufacturing process of a new product, any entity or individual manufacturing the identical product shall provide proof on the difference of its own process used in the manufacture of its product from the patented process. While if any dispute over infringement of a patent right is involved in a patent for utility model, the people’s court or the patent administrative department may require the patentee to issue the retrieval report rendered by the patent administrative department of the State Council.

Article 58 Whoever counterfeits the patent of others shall, in addition to bearing civil liabilities in accordance with the law, be ordered by the patent administrative department to make a correction and be announced thereby, its/his illegal proceeds, if any, shall be confiscated, and it/he may be fined up to three times the illegal proceeds. If there are no illegal proceeds, it/he may be fined up to 50000 Yuan. If any crime is constituted, it/he shall be subject to criminal liabilities in accordance with the law.

Article 59 Whoever passes off any unpatented product as a patented one or passes off any unpatented process as a patented one shall be ordered by the patent administrative department to make a correction and be announced thereby, and may be fined up to 50000 Yuan.

Article 60 The amount of compensation for infringement upon a patent right shall be determined on the basis of the losses suffered by the right-holder due to infringement or the proceeds gained by the infringer from infringement. If the losses of the aggrieved party or the proceeds gained by the infringer are difficult to determine, they may be determined in a reasonable way with reference to the multiple of the royalties for this patent.

Article 61Where a patentee or interested party has evidence to prove that someone else is committing or is going to commit an act of infringing upon the patent right, and its lawful rights and interests will suffer from damage which is difficult to make up if it does not stop this act in time, it may, before bringing a lawsuit, apply to the people’s court for ordering the infringer to stop the relevant act or adopting the property preservation measure.

The people’s court shall, when handling an application mentioned in the preceding paragraph, be governed by the provisions in Articles 93 through 96, and Article 99, of the Civil Litigation Law of the People’s Republic of China.

Article 62 Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act.

Where anyone uses an invention after the application for a patent for this invention is published but before the patent right is granted without paying adequate royalties, the statute of limitations for the patentee to claim the payment of such royalties shall be two years, commencing from the date when the patentee knows or ought to know that his invention is used by some else. However, if the patentee has known or ought to know this fact prior to the date when the patent right is granted, the statute of limitations shall commence from the date when the patent right is granted.

Article 63 None of the following shall be deemed an infringement of the patent right:
(1) Anyone uses, promises the sale of or sells a patented product or a product directly obtained from the patented process, which was made or imported by the patentee, or was made or imported with the permission of the patentee and has been sold out;
(2) Anyone who has made the identical product or used the identical process or has made necessary preparations for making such a product or using such a process prior to the date of filing continues making such a product or using such a process only within the original scope;
(3) Any foreign means of transport which temporarily passes through the territory, territorial waters or territorial airspace of China uses the patent concerned in accordance with any agreement concluded between China and that country to which the foreign means of transport belongs, or in accordance with any international treaty to which both countries have acceded, or on the basis of the principle of reciprocity, for its own needs, in its devices and installations;
(4) Any person uses the patent concerned solely for the purposes of scientific research and experimentation.

Whoever uses or sells a patented product without knowing that the product was made and sold without permission of the patentee or a product directly obtained from a patented process for the purpose of production and business operation need not bear liabilities for compensation provided that it/he can prove that the product is obtained through legal avenues.

Article 64 Where any person, in violation of the provisions of Article 20 of this Law, unauthorizedly files in a foreign country an application for a patent that divulges an important secret of the State, he shall be subject to disciplinary sanction by the entity to which he belongs or by the competent authority concerned at the higher level. If the circumstances are serious, he shall be prosecuted for his criminal liability according to the law.

Article 65 Where any person usurps the right of an inventor or creator to apply for a patent for a non service invention-creation, or usurps any other right or interest of an inventor or creator, prescribed by this Law, he shall be subject to disciplinary sanction by the entity to which he belongs or by the competent authority at the higher level.

Article 66 No patent administrative department shall participate in the business activities such as recommending patented products to the public.

Where a patent administrative department violates the provisions of the preceding paragraph, it shall be ordered by its superior organ or its supervision organ to make a correction and clear up the ill effects. The illegal proceeds, if any, shall be confiscated. If the circumstance is serious, the person-in-charge held directly responsible and other persons held directly liable shall be given administrative sanctions in accordance with the law.

Article 67 Where any staff member of a state organ for patent administration or of any other relevant state organ neglects his duties, abuses his powers, practices favoritism for himself or his relative, and a crime is constituted, he shall be subject to criminal liabilities in accordance with the law. If no crime is constituted, he shall be given administrative sanctions in accordance with the law.

Chapter VIII SUPPLEMENTARY PROVISIONS

Article 68 Any application for a patent filed with, and any other proceedings before, the patent administrative department of the State Council shall be subject to the payment of a fee as prescribed.

Article 69 This Law shall enter into force on April 1, 1985.