33、on or utility model may relate to the security or vital interest of the State and is required to be kept secret, it shall promptly issue a notification of confidentiality examination to the applicant. If the applicant fails to receive the notification of confidentiality examination within four month 。

34、s from the date of filing its or his request, it or he may file, in respect of the invention or utility model, an application for patent in a foreign country or an international patent application with the relevant foreign organization.Where the patent administration department under the State Counc 。

35、il carries out a confidentiality examination in accordance with the notification prescribed in the preceding paragraph, it shall promptly make a decision on whether the invention or utility mode is required to be kept secret and notify the applicant accordingly. If the applicant fails to receive suc 。

36、h a decision within six months from the date of filing its or his request, it or he may file, in respect of the invention or utility model, an application for patent in a foreign country or an international patent application with the relevant foreign organization.Rule 10. Any invention-creation tha 。

37、t is contrary to the laws referred to in Article 5 of the Patent Law shall notinclude the invention-creation merely because the exploitation of which is prohibited by the laws.Rule 11. The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means the pri 。

38、ority date where priority is claimed.The date of filing referred to in these Implementing Regulations, except as otherwise prescribed, means the date of filing prescribed in Article 28 of the Patent Law.Rule 12. A service invention-creation made by a person in execution of the tasks of the entity to 。

39、 which he belongs referred to in Article 6 of the Patent Law means any invention-creation made:(l) in the course of performing his own duty;
(2) in execution of any task, other than his own duty, which was entrusted to him by the entity to which he belongs;
(3) within one year from his retirement, res 。

40、ignation or from termination of his employment or personnel relationship with the entity to which he previously belonged, where the invention-creation relates to his own duty or the other task entrusted to him by the entity to which he previously belonged.The entity to which he belongs referred to i 。

41、n Article 6 of the Patent Law includes the entity in which the person concerned is a temporary staff member. Material and technical means of the entity referred to in Article 6 of the Patent Law mean the entitys money, equipment, spare parts, raw materials or technical materials which are not disclo 。

42、sed to the public, etc.Rule 13. Inventor or creator referred to in the Patent Law means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational。

43、work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as inventor or creator.Rule 14. Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where the pa 。

44、tent right is transferred because of any other reason, the person or persons concerned shall, accompanied by relevant certified documents or legal papers, request the patent administration department under the State Council to register the change in the owner of the patent right.Any license contract 。

45、 for exploitation of a patent which has been concluded by the patentee with an entity or individual shall, within three months from the date of entry into force of the contract, be submitted to the patent administration department under the State Council for the record.Where any patent right is pled 。

46、ged, both the pledger and the pledgee shall jointly register the contract of pledge with the patent administration department under the State Council.Chapter 11 Application for PatentRule 15. Anyone who applies for a patent in written form shall file with the patent administration departmentunder th 。

47、e State Council application documents in two copies.Anyone who applies for a patent in other forms as provided by the patent administration department under the State Council shall comply with the relevant provisions.Any applicant who appoints a patent agency for applying for a patent, or for having 。

48、 other patent matters to attend to before the patent administration department under the State Council, shall submit at the same time a power of attorney indicating the scope of the power entrusted.Where there are two or more applicants and no patent agency is appointed, unless otherwise stated in t 。

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标题：专利法|专利法实施细则(英文版)( 三 )