United States Patent Law (Chinese)

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Release time:2016-05-12

U.S. Patent Law in Chinese

Article 1 Establishment 
The Patent and Trademark Office shall continue to be an agency of the Department of Commerce. Except as otherwise provided by law, all files, books, drawings, specifications and other documents and articles relating to the registration of patents and trademarks shall be managed and kept by the Patent and Trademark Office.
Article 2 Re-seal 
The Patent and Trademark Office shall have a seal. All patent certificates, trademark registration certificates and other documents issued by the Office shall be sealed. 
Article 3 Officials and Employees 
(a) The Patent and Trademark Office shall have not more than 15 reexamination leaders with one Director, one Deputy Director and two assistants to the Director. When the post of director is vacant, he shall be represented by the deputy director. If the post of deputy director is also vacant, he shall be represented by the assistant director with a longer term of office until the director is appointed and in office. The Director, Deputy Director and Assistant Director of the Patent and Trademark Office shall be appointed by the President, subject to the advice and consent of the Senate. Other officials and employees of the Trademark Office of the Patent Factory shall be nominated by the Director and appointed by the Minister of Commerce in accordance with the law. 
(B) The Secretary of Commerce may, on his own, exercise the powers of an employee of an official under the Patent and Trademark Office and this Part and may at any time authorize other employees of an official to exercise such powers. 
(c) The Secretary of Commerce shall have the power to fix the annual base salary of each Examining Officer in the Patent and Trademark Office. This annual salary shall not exceed the maximum amount provided for in the General Schedule of the 1949 Regulations on Salary Scales (as amended) for positions at the seventeenth level. 
Article 4 Restrictions on Patent Interests of Officials and Employees 
Officers and employees of the Patent and Trademark Office shall not, during their term of office and for one year after their separation from service, apply for patents and shall not acquire, directly or indirectly, the rights and benefits conferred by patents issued or to be issued by the Office or patents issued or to be issued by the Office, except as a result of inheritance or bequest. Officials and employees of the Patent and Trademark Office who apply for a patent after leaving office are also not entitled to a priority date within one year of their employment. 
Article 5 (Abolition) 
Article 6 Duties of the Director 
(a) The Director of the Patent and Trademark Office, under the direction of the Secretary of Commerce, is in charge of or exercises all functions required by law in relation to the granting of patents and patent certificates and the registration of trademarks; has the power to undertake research on national and international patent and trademark law; and is responsible for the administration of the property belonging to the Patent and Trademark Office. The Director-General may make rules for the conduct of the affairs of the Patent and Trademark Office, provided that they are not inconsistent with the law and shall be subject to the approval of the Minister of Commerce. 
(B) The Director-General, under the direction of the Minister of Commerce, may, in cooperation with the State Council, cooperate with foreign patent offices and international intergovernmental organizations in research planning and research work, or authorize others to carry out research planning and research work in connection with the duties referred to in paragraph (a) of this article. 
(c) For the purpose of conducting research and planning research to promote international cooperation in patents, trademarks and related matters, the Director-General, under the direction of the Secretary of Commerce, may, with the consent of the Secretary of State, allocate to the Department of State a portion of the funds allocated to the Patent and Trademark Office, which shall not exceed $100,000 in a year, for payment to relevant international intergovernmental organizations. Such special funds may be paid in addition to other payments or contributions made to the international organization and may not be limited by law to the amount of such other payments or contributions made by the Government of the United States. 
Article 7 Appeals Board 
The chief of the examination team of the Patent and Trademark Office shall be a person with sufficient legal knowledge and scientific talent and shall be appointed in accordance with the civil service appointment method. The director, deputy director, assistant director and the team leader of the full review jointly form the appeal committee. On the basis of the written complaint of the applicant, the Complaints Committee shall review the decision made by the examiner against the patent application. Each appeal shall be heard by at least three members of the Appeals Board, who shall be appointed by the Director-General. The Appeals Board has full discretion to accept reconsideration. 
In order to ensure that the work of the Appeals Board is not interrupted, the Director-General may, if necessary, appoint a junior or senior patent examiner with the necessary competence to serve as the head of the examination for a period not exceeding six months at a time. The appointed examiners are eligible to serve as members of the Board of Appeals. However, in the case of a complaint, no more than one member of the appeals board may be appointed by a junior examiner. The Minister of Commerce shall have the power to determine the annual salary of the chief examiners appointed in the Patent and Trademark Office, which shall not exceed the maximum amount stipulated in the General Table of the Regulations on Various Salary Grades (Amendment) of 1949 for each position at the sixteenth level. The amount of each annual salary of the appointed review team leader shall be adjusted to the amount of each annual salary that he should receive when he is not the review team leader at the end of his term of office. 
Article 8 Library 
The Director-General shall establish a library within the Patent and Trademark Office to preserve other domestic and foreign scientific works and various periodicals for reference by officials of the Office in the performance of their duties. 
Article 9 Classification of Patents 
The Secretary may revise and maintain the classification of United States patent certificates and the subject matter of patents and reprinted publications in other countries as necessary and may be necessary to facilitate the rapid and accurate formulation of the novelty of the patented invention. 
Article 10 A certified copy of the archives 
The Secretary may make available to the public or claimants certified copies of the specifications and drawings of patents issued by the Patent and Trademark Office and other certified copies of the files available. 
Article 11 Publications 
(a) The Secretary may print or cause to be printed the following publications: 
1. Patent certificate, including specifications, drawings and copies thereof. The Patent and Trademark Office may print the title of the patent specification drawing for photocopying purposes. 
2-Certificate of registration of the trademark, including descriptions, drawings and copies thereof. 
3 · United States Patent and Trademark Office Bulletin. 
4-Annual index of patents and patentees, annual index of trademark registrants of trademark factories. 
5-Annual Compilation of Judgments in Patent and Trademark Cases. 
6. A brochure on the Patent Law and Implementing Regulations, a brochure on trademark regulations, and work circulars or other publications of the Trademark Office of the Patent Factory. 
(B) The Director-General may exchange the publications specified in subparagraphs 3, 4, 5 and 6 of paragraph (a) of this article for other publications required by the Patent and Trademark Office. 
Article 12 Foreign Exchange of Copies of Patent Specifications 
The Secretary may exchange copies of the U. S. patent specifications and drawings for similar articles in foreign countries. 
Article 13 Copies of patent specifications to public libraries 
The Commissioner may provide printed copies of the patent specification and drawings to public libraries in the United States where patent materials are kept for public access, at the annual rate for that purpose set forth in paragraph 9 (a) of this Article 41. 
Article 14 Annual Report to Congress 
The Secretary shall report annually to Congress on the receipts and payments of the Bureau, statistics of the work of the Bureau, and other information of the Bureau useful to Congress or to the public.

Section 2 Work of the Patent and Trademark Office

Article 21
The date of the act falls on a Saturday, Sunday or holiday. If the last day of the date or period on which the act or fee is to be taken or paid in the United States Patent and Trademark Office is a Saturday, Sunday or holiday in the District of Columbia, the act or fee may be taken or paid on the next extended business day. 
Article 22
The Director of Printing of Archival Documents may require that documents to be filed with the Patent and Trademark Office be in printed or typewritten form. 
Article 23 
Testifying in a Patent and Trademark Office Case The Director may make the affidavits of witnesses and hear testimony required for acceptance in a Patent and Trademark Office case. Any officer authorized by law to hear testimony for use in the courts of the United States or in the courts of the state in which he resides may receive the affidavit and hear testimony as described above. 
Article 24 
When a witness is called upon to give evidence in a contentious case before the Patent and Trademark Office, either party may apply to any United States court in the district where such evidence should be obtained, and the clerk of that court shall issue a subpoena to a witness resident or present in the district to appear at the time and place specified in the subpoena and to testify before an officer of the district entitled to receive an affidavit or to hear the testimony of the witness. The Federal Rules of Civil Procedure for the appearance of witnesses and the presentation of documents and objects apply to contentious cases handled by the Patent and Trademark Office. Witnesses who are summoned to appear before the United States District Court shall be paid the fees and travel expenses of witnesses who appear before the United States District Court. A witness who has been summoned fails to appear or refuses to appear or testify due to negligence may, upon proof, be compelled to obey or punished for disobedience by the judge of the court who issued the summons, as in other similar cases. Provided that a witness shall not be liable for contempt of court for disobeying a summons if he has not paid the costs of the summons and of his attendance to and from the place of examination and for a day's attendance at the place of testimony, or if he has not offered to pay such costs, nor shall he be liable for contempt of court for refusing to reveal secret matters, unless the court issuing the summons has duly ordered. 
Article 25 Declaration in lieu of oath    
(a) The Director-General may by rules provide that, in lieu of the required oath, a written declaration in the form prescribed by the Director-General may be signed by a document submitted to the Patent and Trademark Office to be sworn by law, by-laws or other regulations.    
(B) When a written declaration is used in accordance with the above provisions, the document shall draw the attention of the declarant to the fact that false statements or similar acts shall be subject to a fine or imprisonment, or both. 
Article 26 
If a document submitted to the Patent and Trademark Office is subject to a specific procedure in accordance with the law, by-laws or other regulations, the Director-General may temporarily accept it if it does not comply with the specific procedure, but only if it complies with the specific procedure within the specified period.

Section III. Performing Business in the Patent and Trademark Office

Article 31 
Rules for Agents and Lawyers The Director, with the approval of the Secretary of Commerce, may make rules governing the approval by the Patent and Trademark Office of agents, lawyers or other representatives of applicants or other persons, and the conduct of such persons in the Patent and Trademark Office. The Commissioner may require such persons to demonstrate, before being recognized as representatives of the applicant or other persons, good moral character and reputation and the necessary qualifications to be able to render valuable services, advice and assistance to the applicant or other persons in the filing or processing of an application with the Patent and Trademark Office or in other matters of the Office. 
Article 32 
Cessation or prohibition of business Any person, agent, or attorney who behaves incompetently or has a bad reputation, or commits egregious misconduct, or does not conform to the procedures established under Article 31 of this Title, or who uses words, leaflets, letters, advertisements, with the intention of defrauding in any way against the applicant or future applicant, or other person who has or will have business with the Patent and Trademark Office to contact, in the event of a mistake or threat, the Director-General may, after notice and giving an opportunity to appeal, suspend or prohibit him from continuing to carry on business in the Trademark Office of the Patent Factory, either generally or in any particular case. The reasons for the cessation or prohibition shall be recorded and archived. A person who has been denied recognition or who has been stopped or barred from carrying out business may appeal to the United States Court for the District of Columbia, which may review the Director's decision under the terms and procedures set forth in its rules of procedure. 
Article 33 
If a person who has no right to practice acts as an agent without the approval of the Patent and Trademark Office, who claims or makes others think that he has been recognized, or claims or makes others think that he is qualified to apply for a patent, he shall be fined not more than 1,000 yuan for each offence.

Section IV Patent Fees

Article 41 Patent Fees    
(a) The Director shall charge:    
1. The original patent application (except design) is filed at 65 yuan per piece; In addition, at other times, each independent right (when the right is more than one) of the patent is submitted or submitted to supplement, each ten yuan; When more than ten independent or non-independent rights are proposed or submitted, each item is binary. If there is an error in the payment of supplementary fees, it may be corrected in accordance with the regulations established by the Director General.     
2. Issue the original patent certificate or reissue the patent certificate (except appearance design) at 100 yuan per piece; In addition, the instruction manual charges 10 yuan per printed page (less than one page is counted as one page) and 2 yuan per page drawing.     
3. Design patent:      
a. Application for a design patent at $20 per piece;     
B. A design patent certificate is issued, valid for three years and six months, 10 yuan per piece; For seven years, 20 yuan per piece; For 14 years, 30 yuan per piece.     
4. An application for reissuing a patent certificate is 65 yuan per piece; In addition, if the number of independent rights in the original patent exceeds the number of independent rights in the original patent at any other time, a fee of 10 yuan shall be paid for each item. If there are more than ten independent or non-independent rights and also exceed the number of rights in the original patent, each item is binary. If there is an error in the payment of a surcharge, it may be corrected in accordance with the regulations established by the Director.     
5 • Application for waiver, $15 per piece.    
6. To appeal to the appeals board against the examiner, the first time, fifty yuan.     
7. For abandoned patent applications, an application for reinstatement is 15 yuan each time. For the fee for issuing patent certificates, an application for extension of payment is 15 yuan each time.    
8. Please issue a certificate according to Article 25 or Article 25 of this article, which is 15 yuan.     
9. If there is and is available in stock, printed copies of patent drawings (except design patents) without certification of patent specifications will be sold at 50 cents per copy. Design patent, 20 cents per copy; The Director-General may set a separate price for drawings and specifications of each patent exceeding 25 pages, and copies of certificates printed in color for plant patents, but not exceeding one yuan per copy; Article 13 of this series sets the purchase price of libraries, the price of one year's supply of printed copies of issued patent certificates is fifty yuan. For the notice referred to in Article 132, the Director-General may provide the patent specification and drawings to the applicant free of charge.     
10. For the registration of the transfer of property rights, agreements or other instruments of patents and patent applications, 20 yuan per case.     
11 • Certificates, one dollar per copy.   
(B) Fees may be prescribed by the Director-General for copies of records, publications or services provided by the Patent and Trademark Office not provided above.  
(c) The fees and charges specified in this section shall also apply to other government departments and agencies and their officers, except that the Director may order waiver of fees and charges for services or materials requested by government departments and agencies and their officers on an occasional or temporary basis.
Article 42 The payment of patent fees and the refund of overcharged fees All patent fees shall be paid to the Director. The Secretary shall deposit the fees received into the Treasury of the United States as directed by the Secretary of the Treasury. If the fees paid by mistake, or the fees paid exceed the number prescribed by law, the director may refund them.

Chapter II Patentability of Invention and Approval of Patent

Section 10 Patentability of Invention

Article 100 The following terms shall have the following meanings in this part, unless otherwise required in accordance with the preceding and following context:     
(a) the term "invention" means an invention or discovery.    
(B) The term "manufacture" means a manufacture, technique or method and includes the new use of a known manufacture, machine, article of manufacture, component of a substance or material.     
(c) "United States" means the United States of America, its sub-states and dependencies.     
(d) "Patentee" includes not only the patentee who accepts the patent certificate, but also its successors in title. 
Article 1 0 Patentable inventions that invent or discover any novel and applicable manufacturing methods, machines, manufactures, or components of substances, or any novel and applicable improvement thereof, may be patented in accordance with the conditions and requirements set forth in this Part. 
Article 1 2 Conditions for Patentability: Loss of Novelty and Patent Right If any of the following circumstances does not exist, the right to obtain the patent right:    
(a) where, before the invention was completed by the applicant, it was known or used in this country or was patented in this country or in a foreign country or described in a printed publication.    
(B) The invention has been patented in this country or in a foreign country or has been described in a printed publication, or has been publicly used or sold in this country for more than one year before the date of application for a patent in the United States.    
(c) where the inventor has abandoned his invention.   
(d) The application for a patent or certificate of invention made in a foreign country by the applicant or his legal representative or his or her assignee, or for a certificate of invention, has been made in a foreign country more than twelve months before the application was made in the United States.    
(e) The invention is described in a patent specification granted pursuant to a patent application filed in the United States by another person before the invention is made by the patent applicant.    
(f) the invention for which the patent is sought was not made by the applicant himself.    
(g) the invention was made in the United States by another person before the applicant made it and that person did not abandon, suppress, or conceal the invention. In determining the priority of the invention, consideration should be given not only to the individual dates of thought and completion of the invention, but also to the efforts of those who think first and finish last before others think. 
Article 1 0 Patentability Conditions: Non-visible Content Although an invention is not completely consistent with the information already known or described in Article 1 2 of this Part, the difference between the content of the patent application and its existing skills is so small that it is obvious to personnel with general skills in this profession when the invention is completed that a patent cannot be obtained. The conditions for obtaining a patent should not be denied on the basis of the manner in which the invention is accomplished. 
Article 14 In the procedures conducted by the Patent and Trademark Office and the courts for inventions made abroad, except as provided for in Article 19 of this Part, the patent applicant or patentee may not refer to the knowledge or use of the invention, Or other activities related to the invention and propose the date of its invention in the foreign country. A military or non-military person who has a domicile in the United States who completes an invention while serving abroad as a result of a business carried out in the United States or on behalf of the United States shall have the same preferential rights to the invention as if the invention were completed within the United States.

Section 11 Application for Patent

First one. 
Application for a patent An application for a patent shall, except as otherwise provided in this Part, be filed in writing by the inventor to the Director-General of the Patent and Trademark Office. 
This application shall include:(1) the instructions specified in Article 12 of this Part;(2) the drawings specified in Article 13 of this Part; and (3) the applicant's oath specified in Article 15 of this Part. The applicant shall sign the application and pay the fees payable in accordance with the law at the same time. 
Article 1-12 
The instructions should describe the way and process of inventing, making and using the invention in complete, clear, simple and precise words, so that anyone familiar with the technology to which the invention belongs or is closely related to the invention can make and use the invention. The description should also set forth the best mode contemplated by the inventor of carrying out his invention. At the end of the specification, the applicant should propose to include one or more rights, specifically pointing out and clearly claiming what is considered to be its invention. Each item of a right may be written in the form of an independent right or a non-independent right; if it is written in the form of a non-independent right, it shall be deemed that all restrictions on the relevant right in the non-independent right have been stated by reference. For the invention of the composition, a part of the claim may describe the method or step to achieve a specific function without detailing its structure, material or function. Such claims shall be deemed to include the corresponding structures, materials and methods of manufacture described in the specification and its equivalent. 
Article 13 When the nature of the application is conducive to illustration, the applicant shall attach the drawing. 
Article 14 Models and Samples The Director of the Patent and Trademark Office may require the applicant to provide a model of appropriate size to facilitate the display of the distinctive parts of the invention. If the invention is a combination of articles, the Director may require the applicant to provide a sample or component thereof for inspection or testing. 
Article 1.15 Oath of Applicant The applicant shall take an oath to express his conviction that he is the original and earliest inventor of a patent for a method, machine, manufactured product or combination of articles, or its improvement, etc., and shall state his nationality. The oath may be taken in the presence of any person within the United States who is legally entitled to supervise the oath. If the oath is taken in a foreign country, it may be taken in the presence of a United States diplomatic or consular official authorized to supervise the oath, or in the presence of any official with an official official seal and certified in writing by a United States diplomatic or consular official that he or she is authorized to supervise in the country of the applicant. The oath is valid if it complies with the law of the country (or state) in which it is sworn. If, in accordance with the provisions of this Part, the application is made by a person other than the inventor, the form of the oath may be changed in order to be sworn by him or her. 
Article 16 When the invention of the joint inventor is jointly completed by two or more persons, except as otherwise provided in this Part, the joint inventor shall file a patent application, sign the application and make the necessary oath. If a common inventor refuses to participate in the patent application, or if the whereabouts of a common inventor are unknown and cannot be found or contacted despite efforts, the other inventor may file an application in the name of himself and the missing inventor. The Director-General may, after the facts have been established and the missing inventor has been notified as directed by the Director-General, grant to the inventor who filed the application a patent certificate with the same rights as the missing inventor had at the time of the application. The missing inventor may still participate in the application in the future. If a non-co-inventor is listed as a co-inventor to participate in a patent application due to an error, or a co-inventor is not invited to participate in the application due to an error, and the error is not due to his own intention to deceive, the Director-General may stipulate conditions to permit the application to be amended accordingly.
Article 117The deceased inventor and the legal representative of the legally incapacitated inventor may apply for a patent in accordance with the requirements and the same conditions applicable to the inventor. 
Article 18 Where an applicant other than the inventor refuses to apply for a patent, or fails to find the inventor through efforts or to get in touch with him, the inventor accepts the transfer of the name of the inventor, or the person to whom the inventor has transferred the name of the inventor by written agreement, or the person who has other evidence sufficient to show that he has a legitimate property interest in the invention, if the relevant facts have been proved, and prove that if necessary in order to protect the rights of the parties or prevent irreparable losses, they can apply for patents on behalf of the inventor and as the inventor's agent. Upon receipt of notice from such an inventor, the Director-General may, when he considers that there are sufficient reasons, and in accordance with the regulations laid down by him, grant a patent certificate to the inventor. 
Article 19 Preference and Priority of Prior Application in Foreign Countries When any person or his legal agent or assignee has formally filed a patent application in a foreign country for the same invention before filing an application for a patent for invention in the United States, if the foreign country grants the same preferential treatment to the application filed in the United States or to a citizen of the United States, and if the application in the United States is made within twelve months of the date of the earliest application to the foreign country, the application shall be deemed to be made and effective in the United States on the date of the foreign country's application. However, if the invention has been patented in any country or described in a printed publication before the date of the actual application in the United States, and if it has been publicly used or sold in the United States for more than one year before the actual application, the application for a patent for the invention shall not be approved. A patent application does not receive priority if it is filed with the Patent and Trademark Office not before the grant of the patent or within the time required by the Director of the Patent and Trademark Office (but not less than six months after the filing of the application in the United States) during the filing period in which the claim for priority and certified copies of the original application, specifications and drawings filed in the foreign country on which the claim is based. The certification documents must be issued by the foreign patent office receiving the application and should indicate the date of application and the date of submission of the specification and other documents. If the document submitted is not in English, the Director may require an English translation and may request such other information as he deems necessary. The rights provided for in this article may be acquired not on an original application made in a foreign country but on a subsequent formal application made in the same foreign country and in the same manner and subject to the same conditions and requirements; provided that the previous application has been withdrawn, abandoned or otherwise annulled on the first application without public examination being made available and without reserving any rights, and has never been used (and may not be used later) as a basis for claiming priority. If the applicant has the right to apply for a patent or a certificate of invention in a foreign country as he wishes, his application for a certificate of invention in that foreign country shall be treated and have the same effect as a patent application in the United States on the issue of priority under this section. Provided that the same conditions and requirements as set out in this Article apply to patent applications shall be complied with, and the above provisions shall apply only if the applicant is entitled to the rights of the Stockholm Amendment to the Paris Convention at the time of the application. 
Article 20 An application for a patent for an invention, if the invention has been disclosed in a previous application filed in the United States by the same inventor in the manner provided for in paragraph 1 of Article 12, provided that the later application is filed before the first application or an application that is also entitled to the first application date preference is granted, either it is filed before the termination or waiver of the first application procedure, or it is filed before the termination of the application procedure, and as long as the first application is explicitly mentioned in the later application or added later, the later application has the same effect as the application filed on the first application date. 
Article 11. If there are two or more inventions in an application, which are independent and distinct from each other, the Secretary may require the application to be limited to one of the inventions. If another invention becomes the subject of a divisive application and meets the requirements of article 20 of this Part, the invention may be entitled to the date of the original application. "The Patent and Trademark Office or court shall not rely on a patent certificate issued pursuant to an application restricted as required by this section, or a patent certificate issued pursuant to an application based on such a request, as a basis against a separate application, or against the original application, or against a patent certificate issued pursuant to one of those applications, however, the separate application must be filed before the other application is issued a patent certificate. If the separate application relates only to the subject matter and requirements of the original filed application, the Director-General may permit the inventor not to sign or proceed with the formalities. The validity of a patent certificate shall not be affected by the failure of the Director to limit the application to one invention. 
Article 12 Confidentiality of Applications An application for a patent shall be kept confidential by the Patent and Trademark Office. Information concerning a patent application shall not be given without the permission of the applicant or owner, except as may be necessary for the purposes of an Act of Congress or in such special circumstances as the Director may determine.

Section 12 Review of Applications

Article 13 Review of Applications 
The Director of the Patent and Trademark Office shall submit the application and the so-called new invention to examination. After examination, if the applicant should obtain the patent right according to law, the director shall issue the corresponding patent certificate. Article 123 Notice of Rejection of Application and Re-examination After examination, if the patent application is rejected, or there is a reconsideration or request for it, the Director-General shall notify the applicant of the situation, explain the reasons for the rejection, reconsideration or request, and shall attach citation materials required to judge whether it is appropriate to continue to process the application. If the applicant insists on his patent application after receiving this notice, with or without modification, his application shall be reviewed. The amendments made cannot add new content to the disclosure of the invention. 
Article 13 Time for processing applications 
If the applicant fails to take action on his application after a period of six months after the applicant has been notified of any action (the notice has been sent or mailed to the applicant) or within a shorter period (not less than thirty days) specified by the Commissioner, the applicant shall be deemed to have abandoned his application, unless it is proved to the Commissioner's satisfaction that the delay was an imperative. Article 124 If a patent applicant who appeals to the Complaints Committee is rejected twice, he may appeal to the Complaints Committee against the decision of the junior examiner, provided that the appeal fee is paid once. 
Article 13-5 Conflict 
(a) Whenever there is a conflict between an application in a patent application petition or a patent that has not yet expired, the Commissioner shall notify both applicants, or the applicant patentee, of the fact. The issue of priority of the invention should be decided by the Patent Disputes Committee (composed of three rescission examiners). When the Commission's decision is detrimental to the applicant's claim, it constitutes a final rejection of the claim by the Patent and Trademark Office, and the Director-General may issue a patent certificate to the inventor who is considered to have priority. If the final award is against the owner of the patent right and the owner of the patent right does not, cannot or is not allowed to file a complaint or request a review, it constitutes a revocation of the relevant right of the patent certificate, and the Patent and Trademark Office shall indicate the above-mentioned reasons on the copy of the patent certificate issued subsequently.    
(B) The applicant shall not in the application raise a right identical to the right of the patent issued by the factory or the subject matter of the patent issued is identical or substantially identical, unless the right was formulated more than one year before the grant of the patent.    
(c) The agreement or understanding (including parallel agreements referred to therein) reached by the conflicting parties to eliminate the conflict or attempt to eliminate the conflict shall be written and an accurate copy shall be filed with the Patent and Trademark Office as the agreement or understanding between the parties before the conflict is eliminated. If requested by any party who submitted the document, the copy shall be kept separate from the conflict file and shall only be used after written request by a government authority or by a person proven to have good cause. If a copy of the agreement or understanding is not submitted, the agreement or understanding will never be enforceable, and the patent certificates of the parties involved in the conflict or the patent certificates issued after the application of the parties concerned will never be effective. However, if the agreement or understanding is not submitted within the specified time, but it is proved that there are legitimate reasons, the Director-General may allow the agreement or understanding to be submitted within six months after the conflict between the parties to the agreement or understanding has been eliminated, as the agreement or understanding of the conflicting parties. The Director-General shall notify the parties or their registered agents of the requirement for the deposit of documents under this article sufficiently long before the above-mentioned conflict is eliminated. If the Director-General gives notice at a later time, notwithstanding the requirement that a copy of the agreement or understanding may be filed within six months for good cause, the parties concerned may deposit a copy of the agreement or understanding within sixty days of receipt of the notice. Any arbitrary act taken by the Director-General in accordance with the provisions of this paragraph may be subject to review in accordance with the provisions of article 10 of the Administrative Procedure Code.

Section XIII Review of Patent and Trademark Office Awards

Article 14 Appeal to the Customs and Patent Appeal Court 
If the applicant is not satisfied with the decision of the Complaints Committee, he may appeal to the U.S. Customs and Patent Court of Appeal, thus waiving his right to sue under Article 155 of this Part. If a party to a conflict is not satisfied with the decision of the Patent Disputes Commission on the issue of priority, it may appeal to the United States Customs and Patent Court of Appeal. However, within 20 days after the appellant has filed a notice of appeal in accordance with section 142 of this part, if the party that has been adjudicated against in the case of conflict submits a notice to the Director-General stating that it is willing to proceed in accordance with the procedures stipulated in article 126 of this part, the above-mentioned appeal to the court shall be dismissed. Therefore, the appellant shall file a civil lawsuit in accordance with Article 126 within 30 days thereafter, otherwise, the subsequent procedures in this case shall be handled in accordance with the decision to appeal against it. 
Article 124 Notice of appeal 
Upon filing an appeal with the United States Customs and Patent Court, the appellant shall notify the Director of the Patent and Trademark Office of the matter and shall, within a date specified by the Director after the date of the decision against which the appeal was filed, deposit with the Patent and Trademark Office express written reasons for the appeal. The date fixed by the Director shall not be less than 60 days. 
Article 14 The Appeal Procedure 
The U.S. Customs and the Court of Patent Appeals shall notify the Director of the Patent and Trademark Office and the parties of the place and time of the hearing before hearing the appeal. The Director-General shall send to the Court certified copies of all necessary original documents and evidence indicated by the appellant and other documents and evidence indicated by the appellant. If there is no appellee in the case, the Director-General shall, in writing, provide to the court the reasons for the decision of the Patent and Trademark Office, stating each point of the grounds for appeal. 
Article 14 Appeal Judgement 
The United States Customs and the Court of Patent Appeals, after accepting the appeal, shall hear and decide the appeal on the basis of the evidence presented to the Patent and Trademark Office. The judgement shall be limited to the points raised by the grounds of appeal. After the judgment, the court shall send to the Director-General documents proving that his trial has been judged. This document should be placed in the archives of the Patent and Trademark Office as the basis for subsequent proceedings in this case. 
Article 155 Obtaking a patent right through a civil action 
If the complainant is not satisfied with the decision of the Appeals Board and does not appeal to the United States Court of Customs and Patent Appeals, he may file a civil action against the Commissioner in the United States District Court of the District of Columbia within a period (not less than 60 days) specified by the Commissioner after the decision for relief. The court may decide on the merits that the appellant is entitled to a patent for his invention (described in the patent term referred to in the decision of the Appeals Board). The court's decision authorizes the Director to issue a patent certificate as required by law. All costs of the proceedings shall be borne by the appellant. 
Article 126 Civil Actions in Conflicting Cases 
Any party in a conflict case who refuses to accept the decision of the Patent Disputes Committee on the issue of priority may file a civil action for relief within the period (not less than 60 days) specified by the Director General after the decision is made, or within the period specified in Article 14 of this Part, unless an appeal has been filed with the U.S. Customs and Patent Court of Appeal and is under trial or has been decided. In such proceedings, upon the proposal of either party, the Patent and Trademark Office records shall be recognized, without prejudice to the right of the party to present further evidence, in accordance with the terms of the costs and expenses of the proceedings, and in accordance with the terms of the court's appointment of further examination of witnesses. Certificates made and documents presented in the Patent and Trademark Office shall, upon recognition, have the same effect as those originally made and presented in the proceedings. Such an action may be a defendant to a party with an interest at the time of the award as indicated by the records of the Patent and Trademark Office, but any party with an interest may become a party to the action. If the parties subject to an adverse decision are located in districts other than the same state, or if the party subject to an adverse decision is located in a foreign country, the trial shall be under the jurisdiction of the United States District Court for the District of Columbia, which may issue a subpoena to the parties subject to an adverse decision directly to the executive of the district in which each party subject to an adverse decision is located. A summons to an unfavourable party residing in a foreign country may be made by means of publications or other methods as directed by the Court. The Director-General shall not be a necessary party, but the clerk of the court receiving the prosecution shall notify the Director-General of the institution of the proceedings, who shall be entitled to join the proceedings. When the court's decision holds that an applicant has the right to acquire a patent, it authorizes the Director-General of the Patent and Trademark Office to issue the patent certificate in accordance with the law after receiving the certified text of the decision.

Section 14 Issuance of Patent Certificate

Issuance of Article 15 Patent Certificate