The Archive · 1932

PATENTS LAW IN EMBRYO Legislative Yuan's New Regulations

Nanking, Sept. 20.

What may be regarded as virtual patents law in embryo, entitled "Provisional Regulations for the Encouragement of Industrial Arts," was adopted at the last (202nd) meeting of the Legislative Yuan.

According to the new Regulations, any citizen of the Republic of China who makes an invention of either a new industrial product or new process of producing a known product may apply to the Ministry of Industry for the grant of a patent. A patentee will have the exclusive right of producing and selling the patented article throughout China.

The duration of a patent-right is limited to ten years, the minimura period being five years. No patent be granted in any of the following circumstances

pean granted for a similar inven-1, Where a patent has already ion, 2. Where the application of the Patent would be contra bones mores.

No patent shall be granted in any case in which the invention should be kept secret for military reasons, In such event, the inven-for shall be given appropriate remuneration,

been made min respect of an already Where a new invention has

venter may also apply for a paten Patented be or process, the, in-provided that he give veaponaba' patentee, ¢—original compensation to th i

or assigned. ght may be inherited patent-right

A patent shall be revoked if aftex# the lapse of two years from" the. date of the grant the.eof-—< patentee shall have, without. chief reasons, failed to work it; or ifvered patentee shall have suspended wo®- on the patent for thre successive years; or if it shall have been discovered that he had obtained his patent through false pretences, Applications for patents shall be submitted to the Ministry of Industry, which, upon granting a patent, shall issue a certificate to the applicant. Upon the expiration of the prescribed duration of patent, the holder may apply for an extension of the period. The. maximum fee for a patent certificate is fixed at $100 and for the extension of a patent $200, both of which may be payable in instalments in order to encourage inventors, The Regulations provide severe: criminal penalties, ranging from six months' detention and a fine of $1,000 to three years' imprisonment and a fine of $5,000 for infringement of the right of patent, either by imitation or unauthorised manu-of the patented article—Kuo

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account