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译网情深 » 所有论坛 » 【资源共享】 » 寻医药/化工专利文献翻译资源 |
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主题状态: 普通 此主题中所有文章数: 18
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translover
VIP Gold
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无论是人，还是词汇表，都要！  博学+文采=通达（博文通） Edited by - translover on 2004/04/02 13:05:49  any translators have failed, not in their aptitude, but in their attitude. 很多翻译不称职，不在天赋，而在态度。 我是一名非常平常的译者，用的是一套异常稳定的系统，面对的是不太客气的客户，提供的是十分有分寸的译文。 向你推荐百问不烦的词典机器人：在你的MSN MESSENGER中添加 tm_server_us_sch@hotmail.com 联系人，即可随时通过对话方式，进行各种主题词汇的查询。喜欢的话，别忘了到 |
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translover
VIP Gold
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先自贴自擂了： http://www.chinaneuro.com/educate/list.asp?article_id=64
博学+文采=通达（博文通） any translators have failed, not in their aptitude, but in their attitude. 很多翻译不称职，不在天赋，而在态度。 我是一名非常平常的译者，用的是一套异常稳定的系统，面对的是不太客气的客户，提供的是十分有分寸的译文。 向你推荐百问不烦的词典机器人：在你的MSN MESSENGER中添加 tm_server_us_sch@hotmail.com 联系人，即可随时通过对话方式，进行各种主题词汇的查询。喜欢的话，别忘了到 |
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bhczq8
VIP Gold  China 注册日期: 2003-12-25 回复: 3650 状态: 离线 |
你可以和南京的一个 什么禹翻译公司联系的。 大约是50元/1000汉字 要求按照台湾的术语进行翻译。 要求比较高。 没有合作过，我认为翻译专利才50元/，是对翻译的不尊重，让他们哄没有毕业的学生玩吧。 如果你童心未泯，或者特别缺钱，也可以合作。 他们好像是有一个网站，你搜索一下，也许会找到， http://www.translator.com.cn/dvbbs/index.asp 这里好像有他们公司的人出没，其实也是一个好坛子 原来是一个神经病 医生  [8)just kidding >帮忙的最高境界就是越帮越忙 QQ： 昵称：石滴水. 号码： http://czq8.blog.163.com/ MSN： |
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translover
VIP Gold
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我的帖子真的有这么大的岐义嘛?我要找的是翻译员以及词汇表什么的?请放心,我的价格肯定比他们高的.
博学+文采=通达（博文通） any translators have failed, not in their aptitude, but in their attitude. 很多翻译不称职，不在天赋，而在态度。 我是一名非常平常的译者，用的是一套异常稳定的系统，面对的是不太客气的客户，提供的是十分有分寸的译文。 向你推荐百问不烦的词典机器人：在你的MSN MESSENGER中添加 tm_server_us_sch@hotmail.com 联系人，即可随时通过对话方式，进行各种主题词汇的查询。喜欢的话，别忘了到 |
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bhczq8
VIP Gold China 注册日期: 2003-12-25 回复: 3650 状态: 离线 |
Ⅲ. 专利说明书常用字词及例句 1.遇有apparatus、device、means三字或其中任两个字出现在同一份说明书中时，建议其译名分别如下： (i) apparatus：装置 (ii) device：组件 (iii) means：构件 *** 但若未出现在同一份说明书中时，则均可译成装置 2. et al.：等人 3. 翻译means for V＋ing时在means前面加适当之中译修饰词，以免同一份中文说明书中出现多个 "装置" 时，不知究竟指的是那一个。 4. this invention, the subject invention, the instant invention, the present invention 一律译成"本发明" 5. substantially: 应视前后文译为"实质上"、"几乎完全"、"相当"、或"大体上"，例如: a. the barrier layer contains a material that is substantially impervious to laser ablation—屏障层包含之物质大体上(or 实质上)不会被激光切除 b. tablet has a substantial surface and a second substantial surface—锭剂有一实质表面和第二实质表面 6. preferred, preferential，可译成"较佳" ，more preferable则译成"更佳"， most preferable则译成"最佳"， it is preferred that可译成"最好"， preferably可译成"较佳(地)" 7. those skilled in the art——熟谙此艺者；熟习此项技艺者 8. methods known in the art——此项技艺中已知之方法 9. are well known——已为吾人所熟知 10.these include, but are not limited to——此等包括(但不限于) 11. alternative embodiment—替代(具体)实施例；另一实施例 alternatively—或者；另一选择为 12. aspect 可译成"方面"、"观点"、"特点"、及"态样"， 例如: in one embodiment of this aspect—在此方面之一实施例中 in one aspect—方面 in a further aspect—另一方面 in still a further aspect—另一方面 general aspect—通用态样 13. 请参考以下之译法: it should be noted—请注意 it is to be noted—应注意的是 it has been found that——顷发现 it is believed that——咸信 it is expected—吾人预期 it will be appreciated—应了解 it is understood—当然 it should be understood—请了解；应了解 it is intended—希望 例如: Although, in principle, it is intended that all of the isocyanate functionality of the polyisocyanate be reacted, it should be understood that 100 percent complete reaction cannot always be attained.—虽然原则上希望所有聚异氰酸酯之异氰酸酯官能度皆可反应，但应了解100%完全反应并非总能达到。 14.在一长句中须视需要将长句加以分割或组织，例如: The invention includes an improvement in an osmotic dosage form of the type having an outer semipermeable wall defining an interior compartment containing a therapeutic agent and an osmotic agent；and including at least one laser-formed passageway in the semipermeable wall for release of the therapeutic agent.—本发明包括渗透类型剂型之改良，该剂型具有一界分内在隔室(其含有治疗剂及渗透剂)之半通透性外壁层；且在该半通透性外壁层上包括至少一用雷射形成之信道以供释出治疗剂。 15. based on weight 之译法，例如: a. A is mixed with B at about a 50:50 ratio，based on weight.—A与B系以重量计约50:50之比例混合 b.The coating material includes from about 1% to about 20% cellulose, based on the total weight of all components in the coating composition.—涂料物质包含以涂料组合物中所有成分总重量计约3%至约20% 之纤维素。 16.译者需忠诚地将原文完全译出且让句意读来流畅， 例1 : The present invention provides a pharmaceutical composition for the treatment or prevention of athersclerosis which is used alone or in combination with a cholesterol biosynthesis inhibitor. (差) 本发明提供医药组合物，用于治疗或预防动脉粥状硬化，其系单独使用或组合胆固醇生物合成抑制剂。 (佳) 本发明提供一种用于治疗或预防动脉粥状硬化之医药组合物，该医药组合物系单独使用或与胆固醇生物合成抑制剂并用。 例2 : Additionally，this invention provides a compound for use in manufacturing a medicament for the treatment or prevention of atherosclerosis. (差) 此外，本发明提供一种化合物，用于制造药剂，用于治疗或预防动脉粥状硬化。 (佳) 本发明提供一种化合物，其系用于制造供治疗或预防动脉粥状硬化之医药品。 17. 在某些句子中，有些重复字词则可省略，例如: Preferably， between about 5 to about 50 wt% of laser energy reflecting or transmitting material，and more preferably between about 10 to about 30 wt% laser energy reflecting or transmitting material，is mixed with the polymer solution or melt.—较佳约5至约50重量%反射或传送雷射能量之物质(以约10至约30重量%为更佳)被纳入聚合物溶液或熔融物中。 18. 其它说明书本文常出现的名词如下： if desired 若须要；必要时 provisional application 临时申请案 continuation-in-part 部份接续申请案 corresponding application（appln.） 对应申请案 docket No. 档案号码 issued/granted to 颁予 contemplated by this invention 涵盖于本发明；本发明所涵盖（者为）‥． incorporated herein by reference 以引用的方式并入本文中 Serial No. 序号 assignee 受让人 depart from 脱离 19. 其它说明书本文常出现的叙述例句如下： （1） This application claims benefit of U.S. Provisional Patent Application Serial No. 60/198,359, filed April 19, 2000, which is hereby incorporated by reference in its entirety. 本申请案主张2000年4月19日申请之美国临时专利申请案第60/198,359号之权利，该案之全文以引用的方式并入本文中 （2） All of the above publications, patents and patent applications are herein incorporated by reference in their entirety to the same extent as if the disclosure of each individual publication, patent application or patent was specifically and individually indicated to be incorporated by reference in its entirety. 上述所有公开案、专利案及专利申请案系以引用的方式全部并入本文中，该引用的程度就如同已特定地及个别地将各个公开案、专利案或专利申请案之整体揭示内容以引用的方式并入一般。 （3） In the claims, means-plus-function clauses are intended to cover the structures described herein as performing the recited function and not only structural equivalents but also equivalent structures.在申请专利范围中，手段附加功能(means-plus-function)句型系用以涵盖执行所述功能时之本文中所描述的结构，其不仅涵盖结构均等物且同时亦涵盖均等结构。 （4） The publications discussed herein are provided solely for their disclosure. 本文所论述之公开案仅为其揭示内容而提供。 Ⅳ.专利说明书附图 （1）专利说明书之附图Fig. xx之xx不必译为中文。 （2）若附图为草图而不清楚或附图中数字标号与说明书中不符时，请告知本所。 （3）软件程序不必译出。 （4）流程图、软件之使用者接口、及方块图中之完整英文字词需译出。 （5）生化类发明案之基因及蛋白质序列不必译出。生化图式中之简字如EcoRI不必译，但完整英文字如Virus A DNA则需译出。 （6）序列表中需译出者包括＜120＞发明名称；＜213＞生物体；＜223＞其它信息；＜302＞标题 （7）化合物结构式中之取代基若为代号则不必译出，例如R, X, Me, Et，但若为完整基如Alkyl，则需译出。 （8）坐标图纵横轴及图中文字皆需译出。 （9）电路图中之标号如ANI-A，RI-DET等不必译。有意义之文字如Pulse需译出。 （10）机械或电子图式内的文字，有编号者则不需译出，但是，电子类之电路方块图仍要译出。 V. 附录 1. 电子类说明书翻译参考译词 ACT 去光阻溶剂之一商品 Adatom 吸附原子 Ager 分龄器 Alias 假像、假讯 Amorphous 非晶系 Anneal 退火 ARC (Antireflect Coating) 抗反射层 Barrier layer 障壁层 Blanket Tungsten Deposition 毯覆性钨沈积 Canned routine program 备用常用程序 Catch trip 卡掣解扣件 CDMA (Code Division Multiple Access) 划(割)码多向近接 CE (computer equipment) 微电脑设备 Cell 电池；单元(蜂巢式电话中之cell) Cell-Site 基地台 Cellular 细胞式or蜂巢式(用于行动电话系统时) Chemisorption 化性吸附 Chip 芯片 CMP (Chemical Mechanical Polishing)化学机械研磨法 Coalescence 晶粒聚结 Coating 涂布 Color aberration 色像差 Convergence division 收敛除法 CPE (Customer Premises Equipment) 客户端设备 Crack 裂痕 Curing 固化 Damascene 镶嵌 Development 显影 Die 晶粒 Division Multiple Access 划 (割) 码多向近接 DLC (Digital Loop Carrier) 数位回路载波 DMS (Digital Multiplex Switching) 数字多任务交换 Dosage 剂量 DRAM中cell 单元 EMC (electromagnetic compatibility) 电磁相容 EMI (electromagnetic interference) 电磁干扰 Epi Substrate 磊晶硅基材 Epitaxial Silicon Layer 磊晶硅层 Etch Back 回蚀 Expitaxy 磊晶 Exterpolator 外插器 Ferroelectric liquid crystal 强诱电性液晶 FIB (Focus Ion Beam) 聚焦离子束 Filling of Channels 缝道填补 Flip Chip 覆晶 FOX (Field Oxide) 场氧化层 Frame 讯框／图框 Galvanic cell 嘉凡尼电池；电化电池 Granularity hint 粒度识别 GSM (Globasl System for Mobile) 全球行动通讯系统 Handoff 交递 Hillock 小凸起 html (hyper text markup language) 超文字标记 (示) 语言 http (hypertext transport protocol) 超文字传送协议 Internet 因特网 Inversion 反转 Ion Bombardment 离子轰击 ISP (Internet network service provider) 因特网服务业者 KIOSK 公共信息查询站 LDD (Lightly Doped Drain) 轻微掺杂的汲极 LPCVD (Low Pressure CVD) 低压化学气体沉积 Mask register 罩幕缓存器 Memory bank 内存 (器) 组 Mobile assisted handoff 行动协助之交递 Mobile telephone 行动电话 Nucleation 长晶，凝核 Overetch 过度蚀刻 Panning 剪裁及贴补(平移像素之调整方法) PECVD (Plasma Enhancement CVD) 电浆增强化学气体沉积 Peeling 剥落 Photolithography 微影 Pinched Off 夹断 Polish pad 抛光垫 Poly-Silicon 多晶硅 proxy／proxy server 代理服务器 PSTN (Public Switched Telephone Network)公众交换电话网络 Quadrupole 四极聚焦器 Reticle 主光罩 RTA (Rapid Thermal Anneal) 快速高热退火 Scribe line 切割道 Segregation 隔离 Set Top Box 视讯转接器 Shutter 挡闸、挡板 Silicide 硅化物 Slurry 研磨浆 Smartcard 智慧卡 SOG (Spin-On Glass) 旋涂式玻璃 SOI (Silicon-On-Insulator) 绝缘物上硅 Sputtering 溅镀 Stacking fault 迭差 STN (Super Twisted Neumatic) 超扭转向列 Stoichiometry 理想配比 Strobe separation timing 选通分时 Substrate 基板 Susceptor 晶座 TAMA (Time Division Multiple Access) 划(分)时多向近接 Time Multiple Access 划 (分) 时多向近接 TiN 一氮化钛 Token 符记 Trench Isolation 渠沟隔离(技术) Trench technology 穿圳技术 Trip arm 解扣臂 Tunneling effect 隧穿效应 Tunneling microscope 穿隧显微镜 URL (Uniform Resources Locator) 统一资源定位器 VGA (Video Graphics Adapter) 视频图形适配卡 Via 通道 Void 空隙 Warpage 弯曲 WWW (World Wide Web) 全球信息网 Yield 良率 2. 化学类说明书翻译参考译词 第一部份： 1. 氨、铵及胺 A. 氨系使用于ammonia（即NH3）之情况，其中包括错合物之配位基（ligand），如hexaamminecobalt（III）chloride [Co(NH3)6]Cl3，译成氯化六氨钴； B. 氨的离子盐ammonium则译成铵； C. amine、amino则一律译成胺、胺基．例如胺基酸、苯胺、胺类、丙胺酸等。 2. primary amines 第一胺或一级胺 secondary amines 第二胺或二级胺 tertiary amines 第三胺或三级胺 quaternary ammonium compounds 第四铵（化合物）或四级铵（化合物） 3. amide 酰胺或胺化物 amido 酰胺基或胺基（RCONH-或 –NH2） amino 胺基（-NH2） imido 酰亚胺基（RCON=）或亚胺基（NH=） imino 亚胺基（NH=） 应视前后文及作者所指含意或其化学式而决定其译文， 例如：acetamide乙酰胺，polyamide聚酰胺， sodium amide钠胺（部订译名）。 4. 硅与硅：一律写成硅 例如silica gel（硅胶），silicone（硅酮），silicon（硅）。 5. 碱及：一律写成碱 例如overbased（过碱化），alkaline earth metal（碱土金属）。 6. 骈、并、并、：一律写成并 例如benzo-（苯并....） 7. 酰与：一律写成酰 例如acetyl（乙酰基），acyl（酰基）。 8. allyl 烯丙基或2-丙烯基 1-propenyl 1-丙烯基或丙烯基 9. propargyl 炔丙基或2-丙炔基 1-propynyl 1-丙炔基或丙炔基 10. -ation、-ism等．应斟酌加上"作用"或"反应"等字以表示名词 例如alkylation（烷基化作用），acetylation（乙酸化作用），polymerization（聚合、聚合作用、聚合反应）。 11. Thienyl吩基C4H3S-，系为Thiophene吩上少一个氢原子而得。 12. active活性，reactive反应性；二者勿混淆。 13. configuration 组态（光学异构物） conformation 构形（光学异构物） 14. ethylene oxide 环氧乙烷或氧化乙烯（以前者较佳） polyethylene oxide 聚氧化乙烯或聚环氧乙烷（以前者较佳） propylene oxide 环氧丙烷 polypropylene oxide 聚氧化丙烯 15. polyethylene 聚乙烯 polyethylene adipate 聚己二酸乙二（醇）酯 polyethylene glycol 聚乙二醇 polyethylene glycol terephthalate 聚对苯二甲酸乙二（醇）酯 polyethylene terephthalate 聚对苯二甲酸乙二（醇）酯 16. urethane应译为胺基甲酸酯 carbamic acid methyl ester methyl urethane methyl carbamate 三者均为胺基甲酸甲酯 而polyurethane则译成聚胺基甲酸酯。 17. title compond 标题化合物 subtitle compound 副标题化合物 18. mono-最后译成"单-"，以免译成"一"时易与化合物前面的"-"号混淆， 例如monoamine"单胺"，勿译成"一胺"。 19. thermoset polymer热固性聚合物 thermosetting polyimide热固性聚酰亚胺 thermal set热定型 20. EP 欧洲专利 DE 德国专利 GB 英国专利 Japanese patent publication 日本专利公告 Japanese Laid-Open Appln. No. 日本专利特许公开申请案第 号 21. hydrocarbyl烃基，此字是由hydrocarbon衍变而来，其涵盖alkyl、alkenyl、alkynyl等基团。 22. substituent 取代基 material 物质（化学上）、物料与材料（工程上） substrate 受质与基质（化学上或生化上）、基板、基材及基片（电子工业上、材科上） 应视该字是使用于化学反应上、生化上或工程上而选择适当译名。 23. pressure-sensitive 感压性，压敏性，压感性 heat-sensitive 感热性 photo-sensitive 感旋旋光性或光敏性（后者于印刷电路板业常用） 24. ketone A.总称时指"酮" B.若前有基团时应译为"....基酮"， 例如 methyl ethyl ketone（甲基乙基酮）。 C. –one指-酮，其前不可加"基"字， 例如 2-butanone (2-丁酮)。 25. phenolic酚系，‥．，酚性‥‥ olefinic or olefinically烯系‥‥，烯性‥‥ acetylenic炔系‥，．．炔性‥，‥ acrylic丙烯酸系，‥‥，丙烯酸性‥‥ 等等字尾-ic（或ically）者，均表示总称用法，故应视情况加上"系"或"性"字，例如 phenolic resin酚系（酚性）树脂（其意指酚醛树脂等系列产物），ethylenically unsaturated monomer乙烯系（乙烯性）不饱和单体，acrylic resin丙烯酸系（丙烯酸性）树脂。 26. -ium 一些加有ium字尾之离子化合物应于该字或尾字上加"金"字旁，例如 ammonium 铵 27. mole 莫耳 molar为mole之形容词时译为"莫耳‥‥"例如molar weight（莫耳重量）、molar volume（莫耳体积），但molar为molarity之缩写时应译为"莫耳浓度"。 28. silicon 硅 silicone 硅酮 silane 硅烷 siloxane 硅氧烷 silazane 硅氮烷 silicone rubber 硅氧橡胶、硅酮橡胶、硅橡胶 29. eluent 溶离剂--层析时使用之溶剂 eluate 溶离液--层析出之产物 fraction=cut 1.溶离份（层析）2.馏份（蒸馏） 30. solvate 媒合物；溶合物 solvation 媒合；溶合 31. powder 散剂（制剂） dusting powder 粉剂（农药，制剂） 32. take up 在化学反应中指一种"处理过程"，宜视情况译为"溶解"，"悬浮"，"吸收"，"萃取"等。 work up 整理；逐渐完成（化学反应）；处理 33. analysis 分析值 found 实验值 calculation 计算值 34. component 组份 ingredient 成份 35. emulsion 乳液 supspension 悬浮液 dispersion 分散液（分散体） 36. weight percent 重量百分比或重量％ percent by weight 重量百分比或重量％ by weight 重量比 37. perspective view 透视图；立体图 cut-away view 剖示图 38. sequence 序列 sequencing 定序 第二部份： Note：（）表涉及之领域，< >内之字可省略 cis- 顺 trans- 反 syn- 同 anti- 逆 endo- 内 exo- 外 cisoid 类顺 transoid 类反 erythro- 赤 threo- 苏 dextro- 右 levo- 左 meso 内消旋 racemic 外消旋 sym- 对称 unsym- 不对称 chiral 对掌性 achiral 非对掌性 enantiomer 对掌<异构>物；镜像<异构>物；对映异构物 diastereomer 非对映异构物 inactive 1.不旋（光学）2.惰性（触媒）3.减能（医学） vic- 毗 gem- 孪 homo- 1.高（有机）2.均；同（无机） hetero- 杂 ortho- 1.邻（有机）2.原；正（无机） meta- 1.间（有机）2.偏（无机） per- 1.过（含氧酸）2.全（取代基） peri- 迫 spiro 螺 di-,bi- 二 bis 双 tri- 三 tris 参 第三部份： a therapeutically effective amount of 治疗有效剂量之 addition salt 加成盐（例如酸加成盐） adhesives 接着剂或黏着剂。 administration 投药、施药、用药、服药 agonist 激动剂；促效剂；协同剂 ampoule 安瓶 and the like 及其类似物 annealing 1.退火（冶金）2.黏接（遗传） antidepresson, antianxiety 抗抑郁，抗焦虑 apoptotic factor 细胞凋零因子 apparent 用于描述物性时应译为"视" 例如apparent porosity视孔隙度 apparent viscosity视黏度 arylene 伸芳基 aspartame 阿斯巴甜 at nitrogen atmosphere 于氮气压下；于氮大气中 base 1.基〈材〉（材料）2.基剂（制药）3.碱（酸碱） bi-acid 重酸 bicarbonate 宜译为"碳酸氢盐" bioinformatics 生物信息(学) bleedfastness 抗渗出性 broad spectrum 广效性 builder 组份、助洗剂、增效剂（其中，在有关洗衣调理剂中应译成助洗剂若译成"组份"不但无法显示出该字的原意，而且会与components、constituents等字混淆） built-in 内建式 built-up 积聚 by way of example 以实例（说明之） by weight 视内文译为"重量比"或"以重量计" C. H. Krukow（有关人名的译法） C. H. 库鲁克（Krukow） carbalkoxy 烷氧羰基 carbamato, carbamoyl 胺甲酰基 carry out,conduct 进行 challenge 施以、激发（指经注射抗原引发抗体反应） chiral center, chirality 对掌中心，对掌性 coating (v.)涂布；涂覆 (n.)涂料（未经涂布）；涂膜或涂层（已经涂布） combination 1.化合（化学反应）2.混合；组合；联合；合并--视情况而用 commercially available 市面上有售；市售 complex 复合物，错合物 (前者指多种不同物质之组合，后者指单一物质) curing 1.硫化、熟化（橡胶） 2.熟化、固化、硬化（塑料，纤维） diamine 二（元）胺 diborane 二硼烷 dichromic acid 二铬酸 diglyme 二乙二醇二甲醚 disclose, disclosure 揭示 disilane 二硅烷 dry 若后接溶剂时应译为"无水" =anhydrous=absolute embodiment 具体实施例 encapsulating 包胶，封入（胶囊） enteric layer 肠衣 example 实例 excipient 赋形剂 extender 1.chaine extender时为"链增长剂" 2.其它情况为"增量剂" finely ground 细粉状 followed by 按着，继而 formu1ation 调配物 free acids 自由酸或游离酸 hexamic acid 环己胺磺酸 human genome project 人类基因图谱定序计划 hydrochloride 若前有化学名词时应译为"盐酸盐" imide 酰亚胺，亚胺（应视前后文判别，或所指物质之化学式而定） in divided doses 分次给药 in practice 实务上 in situ 就地(可视情况译为：当场) in vitro 活体外 in vivo 活体内 intermediate 中间物（体） invo1ved in 系关于 IR, MS, NMR 不必译出 J. AM. CHEM. SOC. 不必译出 kg, mg, cm, mm（millimeter）,μm（micrometer）公斤，毫克，公分，毫米，微米 kit 套组 level, degree 水平，水平，量，程度，含量 lower (higher) alkyl group 低（高）碳烷基 maleic acid 马来酸 masterbatch 母体混合物，母胶（此字意指含过量成份之物质，使用时再与基材（例如橡胶塑料原料等）混合稀释，其相当于concentrate（浓缩物或浓缩液）） matrix 母质、基质 mercaptosilane 硫醇基（氢硫基）硅烷或直译"巯基硅烷" methyl acetate 乙酸甲酯，或醋酸甲酯 monosilane 单硅烷 nitrilo 氮基 NOS=not otherwise specified 未另列出 novel 新颖 on a water content basis 以水含量计 orally, parenterally 口服（或经口），肠外（或非经肠） （但为使文章顺畅．实际上应译为经口方式，非经肠方式） particularly, more particularly 特定言之，更特定言之 partition between X and Y 在X和 Y之间分溶 parts by weight (pbw) 重量配合比；按重量计占…份；重量份 patent issued to 颁予....之专利 pending, copending 申请中，同在申请中 pentaerythritol 异戊四醇 per se 本身 pharmaceutical 医药；药学 phenol 苯酚；酚 poloxamer 聚羟亚烃 poly（arylene sulfide） 聚（次芳基硫化物）；聚芳硫醚 polyamine 多元胺 polycarboxylic acid 多元羧酸 polymer 聚合物，聚合体 polymer matrix 聚合物基质(莫译成聚合物矩阵) polymeric polyamine 聚合多元胺 polyol 多元醇(多个-OH连于链烃或脂环烃)；多元酚(多个-OH连于芳环) post-genomes era 后基因体世代 precursor 前躯体、母体 prior art 先前技艺（art若译成"技术"则不妥当） process 制程，方法（尤其是译成"方法"最常遇到） publication, publish 公告，公开 quench 1.淬火（冶金）2.中止（化学反应） residue 1.残基--指化合物分子中所含之部分原子基团 2.残渣；残余物；残留物—化学反应后留下者 resulting mixture 所得混合物，生成之混合物 specific 1.比（物性）2.特异（生化） specification (专利)说明书 St. John's wort 金丝桃(一种抗忧郁症草药) starting material 原料 stearate 硬脂酸酯（或盐） summary 概述 support 载体（触媒）=supporter supra 前述 the balance 差额，其余 thereof 其 thus 因此，如此（例如，thus...（因此）：thus obtained（如此获得之....）） title product/compound 标题产物/化合物 triacetin（即glycerol triacetate） 三乙酸甘油酯，或三醋酸甘油酯 triethylene glycol diacetate 二醋酸三乙二醇酯（不译成三甘醇二醋酸酯） triglyme 三乙二醇二甲醚 triturate with X 用X湿磨 unit dosage form 单位剂型 up to 至高；多达 urea 尿素（）（urea单独存在时，应译成"尿素"，形成衍生物时则译成""） vehicle 媒液，媒剂（vehicle系指固体、液体等物质，故不一定指液体，例如片剂、粉剂中的高岭土、硅藻土等亦是，故译成媒剂应最妥当，但有些文章译成媒液已可，有些则应译成"媒剂"，事实上此种情况已是如同carrier（载剂）了） well known, conventional 熟知；习知 whereby 藉以 while 而；同时（后者如，‥．Heated while stirring（加热同时搅拌）） >帮忙的最高境界就是越帮越忙 QQ： 昵称：石滴水. 号码： http://czq8.blog.163.com/ MSN： |
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PATENT LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted at the 4th Meeting of the Standing Committee of the Sixth National People's Congress on March 12,1984 Amended in accordance with the Decision of the Standing Committee of the Seventh National People's Congress on Amending the Patent Law of the People's Republic of China at its 27th Meeting on September 4,1992 Amended again in accordance with the Decision of the Standing Committee of the Ninth National People's Congress on Amending the Patent Law of the People's Republic of China adopted at its 17th Meeting on August 25,2000) (This translation is only for reference. In case of discrepancy, the original version in Chinese shall prevail.) TABLE OF CONTENTS Chapter I: General Provisions Chapter II: Requirements for Grant of Patent Chapter III : Application for Patent Chapter IV: Examination and Approval of Application for Patent Chapter V : Duration, Cessation and Invalidation of Patent Right Chapter VI: Compulsory License for Exploitation of Patent Chapter VII: Protection of Patent Right Chapter VIII: Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted to protect patent rights for inventions-creations, to encourage invention-creation, to foster the spreading and application of inventions-creations, and to promote the development and innovation of science and technology, for meeting 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 administration department under the State Council is responsible for the patent work throughout the country. It receives and examines patent applications and grants patent rights for inventions-creations in accordance with law. The administrative authority for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the administrative work concerning patents in their respective administrative areas . Article 4 Where an 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-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation. For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. For a non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, the inventor or creator shall be the patentee. In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the inventor or creator have entered into a contract in which the right to apply for and own a patent is provided for, such a provision shall apply. 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-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it 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 the patent right is assigned, the parties shall conclude a written contract and register it with the patent administration department under the State Council. The patent administration department under the State Council shall announce the registration. The assignment shall take effect as of the date of registration. Article 11 After the grant of the patent right for an invention or utility model, except where otherwise provided for in this Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, and use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes. After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, sell or import the product incorporating its or his patented design, for production or business purposes. Article 12. Any entity or individua1 exploiting the patent of another shall 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, belonging to any State-owned enterprise or institution, is of great significance to the interest of the State or to the public interest, the competent departments concerned under the State council and the people's governments of provinces, autonomous regions or municipalities directly under the Central Government may, after approval by the State Council, decide that the patented invention be spread and applied within the approved limits, and allow designated entities to exploit that invention. The exploiting entity shall, according to the regulations of the State, pay a fee for exploitation to the patentee . Any patent for invention belonging to a Chinese individual or an entity under collective ownership, which is of great significance to the interest of the State or to the public interest and is in need of spreading and application, may be treated alike by making reference to the provisions of the preceding paragraph. Article l5. 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 that is granted a patent right shall award to the inventor or creator of a service invention--creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the extent of spreading and application and the economic benefits yielded. Article l7. 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 sha1l 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 l9. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the patent administration department under 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. The patent agency shall comply with the provisions of laws and administrative regulations, and handle patent applications and other patent matters according to the instructions of its clients. In respect of the contents of its clients' inventions-creations, except for those that have been published or announced, the agency shall bear the responsibility of keeping them confidential. The administrative regulations governing the patent agency 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-creation made in China, it or he shall file first an application for patent with the patent administration department under the State Council, appoint a patent agency designated by the said department to act as its or his agent, and comply with the provisions of Article 4 of this Law. Any Chinese entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph. The patent administration department under the State Council shall handle any international application for patent in accordance with the international treaty concerned to which China is party, this Law and the relevant regulations of the State Council. Article 21. The patent administration department under the State Council and its Patent Reexamination Board shall handle any patent application and patent-related request according to law and in conformity with the requirements for being objective, fair, correct and timely. Until the publication or announcement of the application for a patent, staff members of the patent administration department under the State Council and other persons involved have the duty to keep its contents secret. 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 app1icability. 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 Administration Department Under the State Council an application which described the identical invention or utility mode1 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 patent right may be granted must not be identical with and simi1ar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior right of any other person. 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: (l) 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 disc1osed 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 re1evant field of techno1ogy 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 sha1l be supported by the description and shal1 state the extent of the patent protection asked for. Article 27. Where an app1ication 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 be1ongs shall be indicated. Article 28. The date on which the Patent Administration Department Under the State Council receives the application shall be the date of filing. If the app1ication 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 Administration Department Under 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 3l. An application for a patent for invention or utility model shall be limited to one invention or uti1ity 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 c1ass 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 Administration Department Under 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 Administration Department Under 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 Administration Department Under 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 Administration Department Under 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 lit shall furnish pre-filing date reference materials concerning the invention. For an application for a patent for invention that has been already filed in a foreign country, the patent administration department under the State Council may ask the app1icant to furnish within a specified time limit documents concerning any search made for the purpose of examining that application, or concerning the results of any examination made, in that country. If, at the expiration of the specified time limit, without any justified reason, the said documents are not furnished, the application shall be deemed to have been withdrawn. Article 37. Where the Patent Administration Department Under 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 Administration Department Under 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 examination as to substance that there is no cause for rejection of the application for a patent for invention, the patent administration department under the State Council shall make a decision to grant the patent right for invention, issue the certificate of patent for invention, and register and announce it. The patent right for invention shall take effect as of the date of the announcement. Article 40. Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for utility model or design, the patent administration department under the State Council shall make a decision to grant the patent right for utility model or the patent right for design, issue the relevant patent certificate, and register and announce it. The patent right for utility model or design shall take effect as of the date of the announcement. Article 41. The patent administration department under the State Council shall set up a Patent Reexamination Board. Where an applicant for patent is not satisfied with the decision of the said department rejecting the application, the applicant may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant for patent. Where the applicant for patent is not satisfied with the decision of the Patent Reexamination Board, it or he may, within three months from the date of receipt of the notification, institute legal proceedings in 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 Administration Department Under the State Council . Article 45. Where, starting from the date of the announcement of the grant of the patent right by the patent administration department under 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 Patent Reexamination Board to declare the patent right invalid. Article 46. The Patent Reexamination Board shall examine the request for invalidation of the patent right promptly, make a decision on it and notify the person who made the request and the patentee. The decision declaring the patent right invalid shall be registered and announced by the patent administration department under the State Council. Where the patentee or the person who made the request for invalidation is not satisfied with the decision of the Patent Reexamination Board declaring the patent right invalid or upholding the patent right, such party may, within three months from receipt of the notification of the decision, institute legal proceedings in the people's court. The people's court shall notify the person that is the opponent party of that party in the invalidation procedure to appear as a third party in the legal proceedings. Article 47. Any patent right which has been declared invalid shall be deemed to be non-existent from the beginning. The decision declaring the patent right invalid shall have no retroactive effect on any judgement or ruling of patent infringement which has been pronounced and enforced by the people's court, on any decision concerning the handling of a dispute over patent infringement which has been complied with or compulsorily executed, or on any contract of patent license or of assignment of patent right which has been performed prior to the declaration of the patent right invalid; however, the damage caused to other persons in bad faith on the part of the patentee shall be compensated. If, pursuant to the provisions of the preceding paragraph, the patentee or the assignor of the patent right makes no repayment to the licensee or the assignee of the patent right of the fee for the exploitation of the patent or of the price for the assignment of the patent right, which is obviously contrary to the principle of equity, the patentee or the assignor of the patent right shall repay the whole or part of the fee for the exploitation of the patent or of 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 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 conditions and such efforts have not been successful within a reasonable period of time, the Patent Administration Department Under the State Council may, upon the request 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 Administration Department Under the State Council may grant a compulsory license to exploit the patent for invention or utility model. Article 50. Where the invention or utility model for which the patent right has been granted involves important technical advance of considerable economic significance in relation to another invention or utility model for which a patent right has been granted earlier and the exploitation of the later invention or utility model depends on the exploitation of the earlier invention or utility model, the patent administration department under 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 Administration Department Under 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 and conditions. Article 52. The decision made by the patent administration department under the State Council granting a compulsory license for exploitation shall be notified promptly to the patentee concerned, and shall be registered and announced. In the decision granting the compulsory license for exploitation, the scope and duration of the exploitation shall be specified on the basis of the reasons justifying the grant. If and when the circumstances which led to such compulsory license cease to exist and are unlikely to recur, the patent administration department under the State Council may, after review upon the request of the patentee, terminate 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 Administration Department Under the State Council shall adjudicate. Article 55. Where the patentee is not satisfied with the decision of the patent administration department under the State Council granting a compulsory license for exploitation, or where the patentee or the entity or individual that is granted the compulsory license for exploitation is not satisfied with the ruling made by the patent administration department under the State Council regarding the fee payable for exploitation, it or he may, within three months from the receipt of the date of notification, institute legal proceedings in 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. Where a dispute arises as a result of the exploitation of a patent without the authorization of the patentee, that is, the infringement of the patent right of the patentee, it shall be settled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the people's court, or request the administrative authority for patent affairs to handle the matter. When the administrative authority for patent affairs handling the matter considers that the infringement is established, it may order the infringer to stop the infringing act immediately. If the infringer is not satisfied with the order, he may, within 15 days from the date of receipt of the notification of the order, institutes legal proceedings in the people's court in accordance with the Administrative Procedure Law of the People's Republic of China. If, within the said time limit, such proceedings are not instituted and the order is not complied with, the administrative authority for patent affairs may approach the people's court for compulsory execution. The said authority handling the matter may, upon the request of the parties, mediate in the amount of compensation for the damage caused by the infringement of the patent right. If the mediation fails, the parties may institute legal proceedings in the people's court in accordance with the Civil Procedure Law of the People's Republic of China. Where any infringement dispute relates to a patent for invention for a process for the manufacture of a new product, any entity or individual manufacturing the identical product shall furnish proof to show that the process used in the manufacture of its or his product is different from the patented process. Where the infringement relates to a patent for utility model, the people's court or the administrative authority for patent affairs may ask the patentee to furnish a search report made by the patent administration department under the State Council. Article 58. Where any person passes off the patent of another person as his own, he shall, in addition to bearing his civil liability according to law, be ordered by the administrative authority for patent affairs to amend his act, and the order shall be announced. His illegal earnings shall be confiscated and , in addition, he may be imposed a fine of not more than three times his illegal earnings and, if there is no illegal earnings, a fine of not more than RMB 50,000 yuan. Where the infringement constitutes a crime, he shall be prosecuted for his criminal liability. Article 59. Where any person passes any non-patented product off as patented product or passes any non-patented process off as patented process, he shall be ordered by the administrative authority for patent affairs to amend his act , and the order shall be announced, and he may be imposed a fine of no more than RMB 50,000 yuan. Article 60. The amount of compensation for the damage caused by the infringement of the patent right shall be assessed on the basis of the losses suffered by the patentee or the profits which the infringer has earned through the infringement. If it is difficult to determine the losses which the patentee has suffered or the profits which the infringer has earned, the amount may be assessed by reference to the appropriate multiple of the amount of the exploitation fee of that patent under contractual license. Article 61. Where any patentee or interested party has evidence to prove that another person is infringing or will soon infringe its or his patent right and that if such infringing act is not checked or prevented from occurring in time, it is likely to cause irreparable harm to it or him, it or he may, before any legal proceedings are instituted, request the people's court to adopt measures for ordering the suspension of relevant acts and the preservation of property. The people's court, when dealing with the request mentioned in the preceding paragraph, shall apply the provisions of Article 93 through Article 96 and of Article 99 of the Civil Procedure 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 no appropriate fee for exploitation of the invention, subject of an application for patent for invention, is paid during the period from the publication of the application to the grant of patent right, prescription for instituting legal proceedings by the patentee to demand the said fee is two years counted from the date on which the patentee obtains or should have obtained knowledge of the exploitation of his invention by another person. However, where the patentee has already obtained or should have obtained knowledge before the date of the grant of the patent right, the prescription shall be counted from the date of the grant. Article 63. None of the following shall be deemed an infringement of the patent right: (l) Where, after the sale of a patented product that was made or imported by the patentee or with the authorization of the patentee, or of a product that was directly obtained by using the patented process, any other person uses, offers to sell or sells that product; (2) Where, before the date of filing of the application for patent, any person who has already made the identical product, used the identical process, or made necessary preparations for its making or using, continues to make or use it within the original scope only; (3) Where 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 the country to which the foreign means of transport 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, for its own needs, in its devices and installations; (4) Where any person uses the patent concerned solely for the purposes of scientific research and experimentation. Any person who, for production and business purposes, uses or sells a patented product or a product that was directly obtained by using a patented process, without knowing that it was made and sold without the authorization of the patentee, shall not be liable to compensate for the damage of the patentee if he can prove that he obtains the product from a legitimate source. Article 64. Where any person, in violation of the provisions of Article 20 of this Law, 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. Where a crime is established, the person concerned 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. The administrative authority for patent affairs may not take part in recommending any patented product for sale to the public or any such commercial activities. Where the administrative authority for patent affairs violates the provisions of the preceding paragraph, it shall be ordered by the authority at the next higher level or the supervisory authority to correct its mistakes and eliminate the bad effects. The illegal earnings, if any, shall be confiscated. Where the circumstances are serious, the persons who are directly in charge and the other persons who are directly responsible shall be given disciplinary sanction in accordance with law. Article 67. Where any State functionary working for patent administration or any other State functionary concerned neglects his duty, abuses his power, or engages in malpractice for personal gain, which constitutes a crime, shall be prosecuted for his criminal liability in accordance with law. If the case is not serious enough to constitute a crime, he shall be given disciplinary sanction in accordance with law. Chapter VIII Supplementary Provisions Article 68. Any application for a patent filed with, and any other proceedings before, the Patent Administration Department Under the State Council shall be subject to the payment of a fee as prescribed. Article 69. This Law shall enter into force on April l, 1985. 专利法 英文版 >帮忙的最高境界就是越帮越忙 QQ： 昵称：石滴水. 号码： http://czq8.blog.163.com/ MSN： |
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REGULATIONS ON PATENT COMMISSIONING (Promulgated on March 4, 1991) Chapter 1 General Principles Article 1 With a view to guaranteeing the legitimate rights of patent agencies and consignors and ensuring the normal working of patent commissioning services, these Regulations hereof are formulated. Article 2 Patent commissioning stated here denotes patent application or the handling of other patent- related affairs by patent agencies on behalf of their consignors and within their authorized powers. Chapter 2 Patent Agencies Article 3 Patent agencies stated here denote service organs that apply for patents or handle other patent-related affairs on behalf of their consignors and within their authorized powers. Patent agencies include: (1) those that handle foreign patent-related affairs; (2) those that handle domestic patent-related affairs; and (3) law firms that handle domestic patent-related affairs. Article 4 Establishment of a patent agency shall require the following conditions: (1) having a name, articles of association and fixed work place of its own; (2) having necessary capital and work installations; (3) being financially independent and able to meet civil liabilities independently; and (4) employing three or more special staff members qualified as patent agents and a proportionate number of likewise qualified spare-time working staff as stipulated by the China Administration of Patents (CAP). Law firms engaged in patent commissioning must have special staff for the business stated in item (4) of the previous paragraph. Article 5 To apply for the establishment of a patent agency at a patent administration, the following documents must be presented: (1) a letter of application with the name, office space and responsible person's name stated; (2) the articles of association of the patent agency; (3) the names of patent agents and their certificates of qualification; and (4) written proof of the amount of capital and installations of the patent of the agency. Article 6 Patent agencies applying for the handling of domestic patent-related affairs or law firms applying for the same must have the consent of their governing authorities and their applications must be examined by patent administrations of provinces, autonomous regions or municipalities directly under the Central Government; in the absence of governing authorities, they may be directly examined by the later. Upon agreement, the examining authorities shall report the applications to CAP for approval. Patent agencies applying to handle foreign-related patent affairs must go through procedures as stipulated in the Patent Law of the People's Republic of China. Such agencies, upon approval by CAP, can handle domestic patent affairs. Article 7 Patent agencies, as of the date of approval, can start handling patent-commissioning business in accordance with law, enjoy civil rights and meet civil liabilities. Article 8 Patent agencies shall deal with the following businesses: (1) providing patent-related consulting agencies; (2) writing on commission patent application documents and handling re-examination and other related affairs; (3) raising disagreement, asking for the announcement of a patent right cancellation and other related affairs; (4) handling the right of patent application, the transfer of patent right and patent permission and other related affairs; (5) appointing patent agents to serve as patent advisors upon invitation; and (6) other related matters. Article 9 When patent agencies accept consignments and handle business, they shall have a consignor's letter of commitment clearly stating commissioned items and powers. If needed, a patent agency may designate a certain patent agent appointed by the consignor to handle the business. Patent agencies may charge commissions in accordance with relevant regulations of t he State. Article 10 After accepting a commission, a patent agency shall not accept the commission of rival consignors concerning patents with the same content. Article 11 Patent agencies shall employ as patent agents persons with "Patent Agent Qualification Certificate". The latter shall go through necessary procedures, be given "Patent Agent Work Permit" by the former, and register at CAP. Beginners shall not be issued "Patent Agent Work Permit" until after a full year of apprenticeship. When patent agencies discharge their patent agents, they shall recover in time the latter's "Patent Agent Working Permit" and report such discharge to CAP. Article 12 When patent agencies change their names, addresses and responsible persons, they shall report to CAP of such changes, which become effective only after approval by the latter. When a patent agency goes out of business, it shall, after appropriately handling all unsettled affairs, report to the authorities that endorsed its opening and the latter shall be responsible for going through all necessary procedures as CAP. Article 13 If an approved patent agency no longer meets the conditions stated in Article 4 of these Regulations hereof due to a change of circumstances and will not be able to meet such conditions within 1 year, the authorities that endorsed its opening should propose to CAP that it be canceled as a patent agency. Chapter 3 Patent Agents Article 14 Patent agents that these Regulations hereof stated denote bearers of "Patent Agent Qualification Certificate" and of "Patent Agent Working Permit". Article 15 Chinese citizens who support Constitution as the People's Republic of China and meet the following conditions may apply to be pate nt agents: (1) over the age of 18 with full capacity for civil behaviors; (2) graduates of college departments of sciences (or with equivalent education) in command of one foreign language; (3) well-versed in the Patent Law and related legal knowledge; and (4) scientists or lawyers with upwards of 2 years of work experience. Article 16 Persons who apply to be patent agents will obtain CAP "Patent Agent Qualification Certificate" after a panel of examination judges deem him or her qualified. The panel of judges is composed of persons from CAP, State Council department and organizations of patent agents. Article 17 Patent agents shall handle only patent commissioning services assigned by their patent agencies and shall not accept such services on their own. Article 18 Patent agents shall handle patent commissioning services in two or more patent agencies simultaneously. Before quitting their jobs at patent agencies, patent agents must appropriately conclude unsettled commissioned cases. Article 19 In case bearers of "Patent Agent Qualification Certificate" fail to engage in patent commissioning business or patent-related management for 5 years, their "Patent Agent Qualification Certificates" are automatically rendered ineffective. Article 20 Patent agents in the course of doing their professional work or within 1 year of their quitting their profession must not apply for patents. Article 21 Patent agents lawfully handling patent commissions shall be protected by State laws and their work shall not be interfered with by any unit or individual. Article 22 State organ staff are forbidden to work at patent agencies and engage in patent commissioning service in their spare-time. Article 23 Patent agents have the responsibility to keep the inventions they get to know in the course of their rendering commission services unless relevant patent application have been made public. Chapter 4 Punishment Article 24 For one of the following offenses, the governing authorities or patent administrations of the provinces, autonomous regions or municipalities directly under the Central Government may serve a warning to the offending patent agency; in cases of serious offense, CAP may punish it by ordering its close: (1) concealing facts in application; (2) changing major registration items by itself; (3) accepting and handling patent commission services unauthorizedly or beyond the approved business scope; and (4) other illegal activities. Article 25 For one of the following offenses on the part of patent agents, relevant patent agencies may criticize the offenders if the cases are not serious; in cases of serious offenses, patent agencies may discharge the offenders and revoke their "Patent Agent Work Permit"; relevant patent administrations of the provinces, autonomous regions or municipalities dire ctly under the Central Government may serve each offender a warning or CAP may revoke hi s or her "Patent Agent Qualification Certificate": (1) failing to fulfill his or her duties to the detriment of the interests of the consignors; (2) disclosing or stealing inventions of the consignors; (3) going beyond the powers of commission and causing damages to the interests of the consignors; and (4) charging through accepting and handling patent commission services without permission. If the commissaries' economic losses has been caused by the behaviors as stated in the previous paragraph, relevant patent agencies, after making economic compensations, may charge the patent agent in question according to a given proportion. Article 26 If a patent agency ordered to close down as a punishment by CAP and a patent agent whose "Patent Agent Qualification Certificate" has been revoked do not agree with the decisions of punishment, they may appeal to CAP for re-examination; if they still fail to be satisfied with the CAP decision, they may bring the case to a people's court within 15 days of the receipt of the CAP decision. Chapter 5 Supplementary Articles Article 27 The right to interpret these Regulations hereof rests with CAP. Article 28 These Regulations hereof become effective as of April 1, 1991. The Temporary Regulations on Patent Commissioning endorsed by the State Council on September 4, 1985 and promulgated by CAP on September 12 of the same year is simultaneously canceled. 代理 的条理 >帮忙的最高境界就是越帮越忙 QQ： 昵称：石滴水. 号码： http://czq8.blog.163.com/ MSN： |
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