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Patent Law of the People's Republic of China (3)
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CHAPTER V TERM, TERMINATION AND INVALIDATION OF PATENT RIGHTS
 @@ Article 45. The term of the patent right for inventions shall
be 15 years, counted from the filing date of the application.
 The  term  of the patent right for utility models or designs shall
be five years, counted from the filing date of the application.
Before  the expiration  of  the said term, the patentee may apply
for an extension of three years.
 Where a patentee enjoys a right of priority, the term of the patent
right shall be counted from the date on which the application was filed
in China.
 @@  Article  46.  The patentee shall pay an annual fee beginning
with the year in which its patent right is granted.
 @@  Article  47. In either of the following cases, the patent right
shall be terminated prior to the expiration of its term:
(1) if the annual fee is not paid as prescribed; or
  (2) if the patentee renounces its patent right by a written
declaration.
 The  termination  of  a  patent right shall be registered and
publicly announced by the Patent Office.
 @@  Article  48.  After  the grant of a patent right, any unit or
individual that considers the grant of the said patent right not in
conformity with the  provisions  of this Law may request the Patent
Re-examination Board to declare the patent right invalid.
 @@  Article  49. The Patent Re-examination Board shall examine the
request for  invalidation  of  a  patent right, make a decision and
notify the party who  made  the  request  and the patentee. Any
decision declaring a patent right invalid shall be registered and
publicly announced by the Patent
Office.
 If any party disagrees with a decision of the Patent Re-examination
Board either  invalidating or upholding the patent right for an
invention, it may, within three months after receiving notification
of the decision, file a suit in a people's court.
 The  decision  of the Patent Re-examination Board on a request to
invalidate the patent right for a utility model or design shall be
final.
 @@  Article  50. A patent right that has been invalidated shall be
deemed to have been nonexistent from the outset.
CHAPTER VI COMPULSORY LICENCE FOR EXPLOITATION OF A PATENT
  @@  Article  51.  The  patentee  itself  shall  have  the
obligation  to manufacture the patented product or use the patented
process in China, or it shall authorize other persons to manufacture
the patented product or use the patented process in China.
 @@  Article 52. If, three years after the date of the grant of a
patent right,  the  patentee  of  an invention or utility model has
failed, without any  justified reason, to fulfil the obligation set
forth in Article 51 of this  Law, the Patent Office may, upon the
request of a unit possessing the means to exploit the invention or
utility model, grant a compulsory licence to exploit the patent.
 @@  Article  53.  If  a  patented  invention or utility model is
technically more  advanced than another invention or utility model
that was patented earlier  and  the  exploitation  of  the later
invention or utility model is dependent on the exploitation of the
earlier invention or utility model, the Patent Office may, upon the
application of the later patentee, grant a compulsory licence to
exploit the earlier invention or utility model.
 If  a  compulsory licence has been granted in accordance with the
provisions of  preceding  paragraph, the Patent Office may, upon the
application of the earlier  patentee,  also  grant  a compulsory
licence to exploit the later invention or utility model.
 @@  Article  54. Any unit or individual applying for a compulsory
licence in accordance with the provisions of this Law shall furnish
proof that it or he  has  not  been able to conclude a licensing
contract on reasonable terms with the patentee.
 @@  Article  55.  Any  decision  made  by  the Patent Office
granting  a compulsory licence shall be registered and publicly
announced.
 @@  Article  56. Any unit or individual that is granted a compulsory
licence shall  not have an exclusive right to exploit the patent in
question,  nor  shall  it  or  he  have the right to authorize
exploitation of the patent by others.
 @@  Article  57. Any unit or individual that is granted a compulsory
licence shall  pay the patentee a reasonable exploitation fee. The
amount  of  the fee shall  be  decided by both parties through
consultation. If the parties fail to reach an agreement, the Patent
Office shall make a ruling.
 @@  Article 58. If a patentee disagrees with the decision of the
Patent Office  granting  a compulsory licence or with its ruling
regarding the exploitation  fee,  it  may, within thr

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