第三人称单数:
apply是什么意思，词典释义与在线翻译：
使专心从事
将…铺在表面
应用（原则）
把…运用于
用（药）敷
使刻苦努力
敷（药）施
接洽（to someone for something）
vt. 敷,涂 put on or next to sth
vt. 应用; 使用 bring or put into use
vi. 适用 have an effect related
vi. 申请,请求 request sth
vt. 使刻苦努力; 致力于 cause to work hard or with careful attention
提示：各行业词典APP中含有本词条的独家正版内容，在手机上可看到更多释义内容。
apply&:&应用, 运用 ...
在&&中查看更多...
apply&:&应用, 申请 ...
在&&中查看更多...
apply&:&申请, ...
在&&中查看更多...
make work or employ for a particular purpose or for its inheren
"use your head!"
"we only use Spanish at home"
"I can't use this tool"
"Apply a magnetic field here"
"This thinking was applied to many projects"
"How do you utilize this tool?"
"I apply this rule to get good results"
"use the plastic bags to store the food"
"He doesn't know how to use a computer"
be pertinent or re
"The same laws apply to you!"
"This theory holds for all irrational numbers"
"The same rules go for everyone"
ask (for something);
"He applied for a leave of absence"
"She applied for college"
"apply for a job"
"She applied paint to the back of the house"
"Put on make-up!"
"This theory lends itself well to our new data"
"She gave him First Aid"
"I gave him a punch in the nose"
"apply a principle"
"practice a religion"
"use care when going down the stairs"
"use your common sense"
"practice non-violent resistance"
ensure observan
"Apply the rules to everyone"
refer (a word or name)
"He applied this racial slur to me!"
"Please apply yourself to your homework"
apply的用法和样例：
用作及物动词 (vt.)
We should not only know the theory but also how to apply it to practice.
我们不仅要知道理论，还要知道怎样把理论应用于实践。
The plastic coating is easy to be applied on any surface.
塑性涂料容易涂在任何表面上。
用作不及物动词 (vi.)
Above terms shall apply unless otherwise mention.
除非另有说明书,上述条件一概适用。
用作动词 (v.)
用作不及物动词
The comment applies equally here.
这个意见在这里也同样适用。
Apply in your own handwriting.
请亲笔书写申请。
You should apply in the proper quarter.
你应该在适当的地方申请。
You may apply in person or by letter.
你可以亲自到场或去信提出申请。
Job seekers should apply at the personnel office.
找工作的人应到人事办公室提出申请。
For further particulars, apply at the following address.
欲知详情,请按下列地址垂询。
S+～+to- v
He applied to join the Party.
他申请入党。
Last week we applied to join the Bridge Club.
上周我们申请加入桥牌俱乐部。
用作及物动词
S+ ～+n./pron.
Apply a little wax polish.
涂一点蜡油。
He applied his brake quickly.
他赶快刹车。
They applied economic sanctions.
他们应用经济制裁。
We should try to learn economic theory and apply it.
我们应努力学习经济理论并能应用。
He asked the teacher how to apply the chemical formula.
他问老师如何应用化学公式。
用于be ～ed结构
The new discovery may be applied in medicine.
这个新发现可以应用在医学上。
用作动词 (v.)
apply for (v.+prep.)
申请 ask for
apply for sth
He applied for a passport.他申请护照。
To whom should I apply for a licence?我应该向谁申请执照呢?
He applied for an entrance visa.他申请入境签证。
They apply for permission to use the tennis court.他们申请借用这个网球场。
I made up my mind to apply for a scholarship.我决定申请奖学金。
Lynd and hundreds of young people like him applied for the post of typist.林德和几百个像他那样的青年谋求这个打字员的职位。
I've applied for job with that company.我已申请到那家公司供职。
apply oneself to (v.+pron.+prep.)
致力于,专心于 cause oneself to work hard at or with careful attention
apply oneself to sth
He applied himself to his new job.他努力干好新的工作。
Now he applied himself to the job in earnest.他现在认真地干这工作。
You must apply yourself to the job you have to do.你必须努力干好你该干的工作。
She applied herself to her new duties with great enthusiasm.她满腔热情地投入她的新任务中。
Apply yourself to your study.专心于你的研究吧。
He applied himself closely to the study of the English language.他刻苦学习英语。
He is now applying himself to the study of traditional Chinese medical science.他现在正致力于中医的研究。
apply oneself to v-ing
They applied themselves to producing bikes.他们努力生产自行车。
He applied himself diligently to learning French.他孜孜不倦地学法语。
apply to (v.+prep.)
涂抹,贴 put or spread on a surface
apply sth to sth
Apply some medicine to his wound.给他的伤口上点药吧。
The surgeon applied some ointment to my burnt fingers.外科医生在我烧伤的指头上敷了一些药膏。
Apply the paint evenly to both sides of the door.均匀地在门的两面上漆。
Apply the paint to the prepared wood and allow it to dry.把油漆涂在备好的木料上,让它自己晾干。
I apply my eyes to the microscope.我把眼睛贴近显微镜。
用于 be ～ed 结构
This cream is best applied to the face at night.这种香脂最好晚上搓脸用。
The lotion should be applied sparingly to the skin.这种洗液应均匀地涂在皮肤上。
This adhesive must be applied to both surfaces which are to be bonded together.要粘接的两个面都必须涂上这种黏合剂。
适用于 be appropriate or relevant to
apply to sth/v-ing
The same applies to us.对于我们也是一样。
This rule cannot apply to children.这种规则不适用于孩子。
This book applies to beginners.这本书对初学者很合适。
The method applies to our work.这个方法适用于我们的工作。
I don't think what he says applies to you as much as to us.我想他的话对你并不像对我们那么适用。
The Act applies to all restaurants and cafes.该法令适用于所有餐馆和咖啡厅。
This rule applies to freshmen only.这条规则只适用于大学一年级学生。
These regulations only apply to the younger children.这些规定只适用于较小的儿童。
What I have said applies only to some of you.我所说的只关系到你们当中的一部分人。
The money applied to the relief of the victims of the flood.这笔钱用于救济遭受水灾的灾民。
These principles apply to learning maths.这些原则适用于数学学习。
运用 bring or put sth into use
apply sth to sth
In this way they can better apply theory to practice.这样他们就能更好地把理论运用到实践中去。
He applies his mind to the difficulty.他专心思考这个问题。
向…申请或要求 make a request to
apply to sb/sth
For particulars apply to Mr. Brooker.详情请向布鲁科先生询问。
We applied to the authorities for assistance.我们向当局请求帮助。
She applied to a college.她申请上大学。
They applied to the government for financial help.他们请求政府资助。
They applied to other medical institutions for assistance.他们向其他医疗机构求援。
Shall we apply to fraternal factories for help?我们是否应要求兄弟厂支援?
用作动词 (v.)
在脸上用粉拍拍
使用制动闸
采取经济制裁
申请加入俱乐部
大量地运用
熟练地运用
有效地运用
虚假地运用
恰当地运用
广泛地应用
谨慎地运用
正确地运用
大量地运用
广泛地应用
如实地应用
贴切地用于
不正确地运用
不加区分地应用
大量地运用
机械地运用
有必要地运用
熟练地运用
科学地运用
灵活地应用
有系统地应用
广泛地应用
正确地运用
有效地运用
专心致志于
孜孜不倦地做
孜孜不倦地做
孜孜不倦地做
锲而不舍地致力于
专心致志于
请向下列地址询问
(请)到办公室接洽
为…请求,为…申请
报考这所大学
申请加入联谊会
谋事,找职业
打听消息〔索取资料〕
(向)…接洽,依赖
应用在医药上
向…请求,向…申请,适用于…
向某人求助
向当局求助
适用于这件事
向总部申请
向三所大学提出入学申请
涂某物于…
把药膏涂在皮疹上
把漆涂在表面
给伤口贴上药膏
把…用于…
用火柴点酒精灯
专心致志地研究某一问题
把钱用于购物
把某一项规则应用到语言分析上
把某一笔款子用到福利事业上
把理论运用到实践中去
专心致志于,热心于
专心致志于
孜孜不倦地做
He applies his handkerchief to his mouth.
出自：Joyce
apply的详细讲解：
apply后可接不定式或to和动名词形式。
hey will apply the money to build(ing) up a little library.他们将申请一笔钱建一个小图书馆。
These principles apply to learning foreign languages.这些规则原理是用来学外语的。
apply的本义是指“将甲物置于乙物之上”,现代英语中仍保留“粘贴”的意思,并由此引申表示将某物“应用”或“运用”于另一物使之发挥或取得实际效益。
apply作“敷,涂”解时,是正式用法,及物动词仅用于说明书中。在会话中和大多数文字中,则代之以put 〔rub〕 it on, rub〔spread〕 it in。表示“把…敷〔涂〕在…之上”可说apply sth to...。apply后可接药物、油漆、冰块等作宾语,而to的宾语可以是物,也可以是人体的某个部位。
apply作“应用,使用”解时,也是及物动词,可接规章、条例、精力、经验、用心、智力等作宾语; to的宾语即可是人,也可是物或事。
apply后还可接反身代词作宾语,表示“把(精力等)投入到…”,其后一般接带介词to引起的短语。不用于被动结构,也不用于进行时态。
apply作“适用”解时,指理论、原则等适用,仅用作不及物动词。
apply作“申请”解时是不及物动词,常用于“apply to...for...”结构表示“向…申请…”,介词to的宾语可以是人或组织机构, for的宾语可以是物或职位等。
apply还可表示亲自或用信件直接向掌权者请求同意其要求或申请。
apply, use
这两个词的共同意思是“使用”“利用”。其区别是：
1.apply强调的是“手段”; use强调的是“目的”。例如:
The old man used a mustard plaster to relieve a chest pain.
那老人用芥末膏来消除胸痛。
The old man applied a mustard plaster to the chest.
那老人把芥末膏涂在胸上。
2.apply不接人作宾语, use可接人作宾语,这时是视其为手段和工具。
apply, bear on〔upon〕, belong to, pertain to, relate to
这五个词(组)的意思相近,都表示“有联系”。其区别是：
bear on〔upon〕强调直接联系和前者的重要作用; relate to强调二者的紧密和一致,侧重相互的影响; pertain to侧重在实践中或思想方面,强调联系的必要性和关系的紧密; belong to强调前者和不可分割的部分, apply通常强调前者对后者的解释、描述。例如:
This problem bears on the interests of the labour.
这个问题关系到劳工的利益。
The cost relates directly to the amount of time spent on the job.
成本与这项工作所费的时间直接有关。
Any inquiries pertaining to the granting of planning permission should be ad- dressed to the Town Hall.
一切有关发放计划许可证的询问应该 向市政厅提出。
What party do you belong to?
你是哪个党的党员?
This rule does not apply in your particular case.
这项规则不适用于你的具体情况。
这些动词均含“使用，应用”之意。
:use普通用词，着重为达到某一目的而利用某人或某物。
:apply指将一事物运用于另一事物之上以发挥其有效作用。
:employ指使用处于消极状态或未被用过的人或物，可以与use换用，但强调进行选择、充分利用。
:utilize侧重有利可图或能达到某一实际目的。书面用词。
:avail通常指使用手边或就近的人或物以有利于自己。
:exploit强调充分利用。
☆ 14世纪晚期进入英语，直接源自古法语的aplier；最初源自拉丁语的applicare：ad (去） + plicare (折叠），意为致力于，使事物相关联。
apply的海词问答与网友补充：
apply的相关资料：
apply&:&施于,涂于, ...
在&&中查看更多...
【近义词】
利用或使用...
认为…是属于自己的(后接...
相安无事地在一起过日子(...
在 ... 之上
把 ... 归于
apply:apply vt. 申请, 应用vi. 申请, 适用 英英解释:动词apply:1. make work or employ (something) for a p…
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3秒自动关闭窗口SIPO ENGLISH
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 for the first time 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 for the second time 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, and amended for the third time in accordance with the Decision of the Standing Committee of the Eleventh National People's Congress on Amending the Patent Law of the People's Republic of China at its 6th Meeting on December 27, 2008)　　Contents
Chapter I General ProvisionsChapter II Conditions for Granting Patent RightsChapter III Patent ApplicationChapter IV Examination and Approval of Patent ApplicationsChapter V Duration, Termination and Invalidation of Patent RightsChapter VI Compulsory License for Exploitation of a Patent Chapter VII Protection of Patent RightsChapter VIII Supplementary Provisions
Chapter I& General Provisions
Article 1 This Law is enacted for the purpose of protecting the lawful rights and interests of patentees, encouraging invention-creation, promoting the application of invention-creation, enhancing innovation capability, promoting the advancement of science and technology and the economic and social development.
Article 2 For the purposes of this Law, invention-creations mean inventions, utility models and designs.Inventions mean new technical solutions proposed for a product, a process or the improvement thereof.Utility models mean new technical solutions proposed for the shape and structure of a product, or the combination thereof, which are fit for practical use.Designs mean, with respect to a product, new designs of the shape, pattern, or the combination thereof, or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application.
Article 3 The Patent Administration Department under the State Council shall be responsible for the administration of patent-related work nationwide. It shall accept and examine patent applications in a uniform way and grant patent rights in accordance with law.The departments in charge of patent-related work of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 4 Where an invention-creation for the patent of which an application is filed involves national security or other major interests of the State and confidentiality needs to be maintained, the application shall be handled in accordance with the relevant regulations of the State.
Article 5 Patent rights shall not be granted for invention-creations that violate the law or social ethics, or harm public interests.Patent rights shall not be granted for inventions that are accomplished by relying on genetic resources which are obtained or used in violation of the provisions of laws and administrative regulations.
Article 6 An invention-creation that is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer shall be deemed an employment invention-creation. For an employment invention-creation, the employer has the right to apply for a patent. After such application is granted, the employer shall be the patentee.For a non-employment invention-creation, the inventor or designer has the right to apply for a patent. After such application is granted, the said inventor or designer shall be the patentee.For an invention-creation that is accomplished by using the material and technical conditions of an employer, if the employer has concluded a contract with the inventor or designer providing the ownership of the right to apply for the patent or the ownership of the patent right, such provision shall prevail.
Article 7 No unit or individual shall prevent the inventor or designer from filing a patent application for a non-employment invention.
Article 8 With regard to an invention-creation accomplished by two or more units or individuals in collaboration, or an invention-creation accomplished by an unit or individual under the entrustment of another unit or individual, the right to apply for a patent shall be vested in the units or individuals that have accomplished the invention-creation in collaboration or in the unit or individual that has done so under entrustment, unless it is otherwise agreed upon. After the application is granted, the applying unit(s) or individual(s) shall be deemed the patentee(s).
Article 9 Only one patent can be granted for the same invention. However, where the same applicant applies for a utility model patent and an invention patent with regard to the same invention on the same day, if the utility model patent acquired earlier is not terminated yet and the applicant declares his waiver of the same, the invention patent may be granted.If two or more applicants apply for a patent for the same invention separately, the patent right shall be granted to the first applicant.
Article 10 The right to apply for a patent and patent rights may be transferred.If a Chinese unit or individual intends to transfer the right to apply for a patent or patent rights to a foreigner, foreign enterprise or other foreign organization, it or he shall perform the procedures in accordance with the provisions of relevant laws and administrative regulations.For the transfer of the right to apply for a patent or of patent rights, the parties concerned shall conclude a written contract and file for registration at the patent administration department under the State Council, and the latter shall make an announcement thereof. The transfer of the right to apply for a patent or of patent rights shall become effective as of the registration date.
Article 11 After the patent right is granted for an invention or a utility model, unless otherwise provided for in this Law, no unit or individual may exploit the patent without permission of the patentee, i.e., it or he may not, for production or business purposes, manufacture, use, offer to sell, sell, or import the patented products, use the patented method, or use, offer to sell, sell or import the products that are developed directly through the use of the patented method.After a design patent right is granted, no unit or individual may exploit the patent without permission of the patentee, i.e., it or he may not, for production or business purposes, manufacture, offer to sell, sell or import the design patent products.
Article 12 Any unit or individual that intends to exploit the patent of another unit or individual shall conclude a contract with the patentee for permitted exploitation and pay the royalties. The permittee shall not have the right to allow any unit or individual not specified in the contract to exploit the said patent.
Article 13 After the application for an invention patent is published, the applicant may require the unit or individual that exploits the said patent to pay an appropriate amount of royalties.
Article 14 If an invention patent of a State-owned enterprise or institution is of great significance to national or public interests, upon approval by the State Council, the relevant competent department under the State Council or the people's government of the province, autonomous region, or municipality directly under the Central Government may decide to have the patent widely applied within an approved scope and allow the designated units to exploit the patent, and the said units shall pay royalties to the patentee in accordance with the regulations of the State.
Article 15 If there are agreements regarding the exercise of rights by the co-owners of the right to apply for the patent or of the patent right, the agreements shall prevail. In the absence of such agreements, the co-owners may separately exploit the patent or may, in an ordinary manner, permit others to exploit the said patent. Where others are permitted to exploit the patent, the royalties received shall be distributed among the co-owners.Except under the circumstances specified in the preceding paragraph, exercise of the co-owned right to apply for patent or of the co-owned patent right shall be subject to the consent of all the co-owners.
Article 16 The unit that is granted the patent right shall reward the inventor or designer of an employment invention-creation. After such patent is exploited, the inventor or designer shall be given a reasonable amount of remuneration according to the scope of application and the economic results.
Article 17 An inventor or designer shall have the right to state in the patent documents that he is the inventor or designer.The patentee shall have the right to have his patent mark displayed on the patented products or the package of such products.
Article 18 Where a foreigner, foreign enterprise or other foreign organization without a regular residence or business site in China applies for a patent in China, the application shall be handled in accordance with the agreements concluded by the country he or it belongs to and China or the international treaties to which both the countries have acceded or in accordance with this Law on the principle of reciprocity.
Article 19 If a foreigner, foreign enterprise, or other foreign organization without a regular residence or business site in China intends to apply for a patent or handle other patent-related matters in China, he or it shall entrust a legally established patent agency with the application and such matters.If a Chinese unit or individual intends to apply for a patent or handle other patent-related matters in China, it or he may entrust a legally established patent agency with the application and such matters.A patent agency shall abide by laws and administrative regulations and handle patent applications or other patent-related matters as entrusted by its principals. It shall also be obligated to keep confidential the contents of the inventions of its principals, unless the patent applications have been published or announced. The specific measures for administration of the patent agencies shall be formulated by the State Council.
Article 20 Any unit or individual that intends to apply for patent in a foreign country for an invention or utility model accomplished in China shall submit the matter to the patent administration department under the State Council for confidentiality examination. Such examination shall be conducted in conformity with the procedures, time limit, etc. prescribed by the State Council.A Chinese unit or individual may file for international patent applications in accordance with the relevant international treaties to which China has acceded. The applicant for such patent shall comply with the provisions of the preceding paragraph.The patent administration department under the State Council shall handle international patent applications in accordance with the relevant international treaties to which China has acceded and the relevant provisions of this Law and regulations of the State Council.With regard to an invention or utility model for which an application is filed for a patent in a foreign country in violation of the provisions of the first paragraph of this Article, if an application is also filed for the patent in China, patent right shall not be granted.
Article 21 The patent administration department under the State Council and its Patent Review Board shall, according to the requirements of objectivity, fairness, accuracy and timeliness, handle patent applications and requests in accordance with law.The patent administration department under the State Council shall release patent-related information in a complete, accurate and timely manner, and publish patent gazettes on a regular basis.Before a patent application is published or announced, the staff members of the patent administration department under the State Council and the persons concerned shall be obligated to keep such application confidential.
Chapter II& Conditions for Granting Patent Rights
Article 22 Inventions and utility models for which patent rights are to be granted shall be ones which are novel, creative and of practical use.Novelty means that the invention or utility model concerned is not an no patent application is filed by any unit or individual for any identical invention or utility model with the patent administration department under the State Council before the date of application for patent right, and no identical invention or utility model is recorded in the patent application documents or the patent documentations which are published or announced after the date of application.Creativity means that, compared with the existing technologies, the invention possesses prominent substantive features and indicates remarkable advancements, and the utility model possesses substantive features and indicates advancements. Practical use means that the said invention or utility model can be used for production or be utilized, and may produce positive results.For the purposes of this Law, existing technologies mean the technologies known to the public both domestically and abroad before the date of application.
Article 23 A design for which the patent right is granted is not an existing design, and no application is filed by any unit or individual for any identical design with the patent administration department under the State Council before the date of application for patent right and no identical design is recorded in the patent documentations announced after the date of application.Designs for which the patent right is to be granted shall be ones which are distinctly different from the existing designs or the combinations of the features of existing designs.Designs for which a patent right is granted shall be ones which are not in conflict with the lawful rights acquired by others prior to the date of application.For the purposes of this Law, existing designs mean designs that are known to the public both domestically and abroad before the date of application.
Article 24 Within six months before the date of application, an invention for which an application is filed for a patent does not lose its novelty under any of the following circumstances:(1) It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese G(2) It is published for the first time at a specified academic or tech and(3) Its contents are divulged by others without the consent of the applicant.
Article 25 Patent rights shall not be granted for any of the following:(1) sc(2) rules and methods for int(3)methods for the diagnosis or t(4) anima(5) substances obtained by means of nu and(6) designs that are mainly used for marking the pattern, color or the combination of the two of prints.The patent right may, in accordance with the provisions of this Law, be granted for the production methods of the products specified in Subparagraph (4) of the preceding paragraph.
Chapter III& Patent Application
Article 26 When a person intends to apply for an invention or utility model patent, he shall submit the relevant documents, such as a written request, a written description and its abstract, and a written claim. In the written request shall be specified the name of the invention or utility model, the name of the inventor or designer, the name or title and the address of the applicant and other related matters.The written description shall contain a clear and comprehensive description of the invention or utility model so that a technician in the field of the relevant technol when necessary, pictures shall be attached to it. The abstract shall contain a brief introduction to the main technical points of the invention or utility model.The written claim shall, based on the written description, contain a clear and concise definition of the proposed scope of patent protection.With regard to an invention-creation accomplished by relying on genetic resources, the applicant shall, in the patent application documents, indicate the direct and original source of the genetic resources. If the applicant cannot indicate the original source, he shall state the reasons.
Article 27 When a person intends to apply for a design patent, he shall submit a written request, drawings or pictures of the design, a brief description of the design, and other relevant documents.In the relevant drawings or pictures submitted by the applicant shall clearly be shown the design of the products for which patent protection is requested.
Article 28 The date when the patent administration department under the State Council receives the patent application documents is the date of application. If the application documents are delivered by post, the date of the postmark is the date of application.
Article 29 If, within twelve months from the date the applicant first files an application for an invention or utility model patent in a foreign country, or within six months from the date the applicant first files an application for a design patent in a foreign country, he files an application for a patent in China for the same subject matter, he may enjoy the right of priority in accordance with the agreements concluded between the said foreign country and China, or in accordance with the international treaties to which both countries have acceded, or on the principle of mutual recognition of the right of priority.If, within twelve months form the date the applicant first files an application for an invention or utility model patent in China, he files an application for a patent with the patent administration department under the State Council for the same subject matter, the applicant may enjoy the right of priority.
Article 30 An applicant who requests the right of priority shall submit a written declaration at the time of application and submit, within three months, duplicates of the patent application documents filed for the first time. Where no written declaration is submitted or no duplicates of the patent application documents are submitted at the expiration of the specified time limit, the applicant shall be deemed to have waived the right of priority.
Article 31 An application for an invention patent or utility model patent shall be limited to one invention or utility model. Two or more inventions or utility models embodied in a single general invention concept may be handled with one application.An application for a design patent shall be limited to one design. Two or more similar designs of one and the same product or two or more designs of products of the same kind that are sold or used in sets may be handled with one application.
Article 32 An applicant may withdraw his patent application anytime before being granted the patent right.
Article 33 An applicant may amend his patent application documents, provided that the amendment to the invention or utility model patent application documents does not exceed the scope specified in the original written descriptions and claims, or that the amendment to the design patent application documents does not exceed the scope shown in the original drawings or pictures.
Chapter IV& Examination and Approval of Patent Applications
Article 34 Upon receipt of an invention patent application, if the patent administration department under the State Council, after preliminary examination, confirms that the application meets the requirements of this Law, it shall publish the application within 18 full months from the date of application. And it may do so at an earlier date upon request of the applicant.
Article 35 Within three years from the date an invention patent application is filed, the patent administration department under the State Council may, upon request made by the applicant at any time, carry out substantive examination of the application. If the applicant, without legitimate reasons, fails to request substantive examination at the expiration of the time limit, such application shall be deemed to have been withdrawn.The patent administration department under the State Council may carry out substantive examination of its own accord, as it deems it necessary.
Article 36 When an applicant for an invention patent requests substantive examination, he shall submit the reference materials relating to the invention existing prior to the date of application.If an application has been filed for an invention patent in a foreign country, the patent administration department under the State Council may require the applicant to submit, within a specified time limit, materials concerning any search made for the purpose of examining the application in that country, or materials concerning the results of any examination made in the country. In the event of the applicant's failure to comply at the expiration of the specified time limit without legitimate reasons, the application shall be deemed to be withdrawn.
Article 37 After the patent administration department under the State Council has made the substantive examination of the invention patent application, if it finds that the application does not conform to the provisions of this Law, it shall notify the applicant of the need to state its opinions within a specified time limit or to make amendment to the application. In the event of the applicant's failure to comply at the expiration of the specified time limit without legitimate reasons, the application shall be deemed to be withdrawn.
Article 38 After the applicant states his opinions on or makes amendment to the invention patent application, if the patent administration department under the State Council still believes the application does not conform to the provisions of this Law, it shall reject the application.
Article 39 If no reason for rejection is discerned after an invention patent application is substantively examined, the patent administration department under the State Council shall make a decision on granting of the invention patent right, issue an invention patent certificate, and meanwhile register and announce the same. The invention patent right shall become effective as of the date of announcement.
Article 40 If no reason for rejection is discerned after preliminary examination of a utility model or design patent application, the patent administration department under the State Council shall make a decision on granting of the utility model or design patent right, issue a corresponding patent certificate, and meanwhile register and announce the same. The utility model patent right and the design patent right shall become effective as of the date of announcement.
Article 41 The patent administration department under the State Council shall establish a patent review board. If a patent applicant is dissatisfied with the decision made by the Patent Administration Department under the State Council on rejecting of the application, he may, within three months from the date of receipt of the notification, file a request with the patent review board for review. After review, the Patent Review Board shall make a decision and notify the patent applicant of the same.If the patent applicant is dissatisfied with the review decision made by the patent review board, he may take legal action before the people's court within three months from the date of receipt of the notification.
Chapter V& Duration, Termination and Invalidation of Patent Rights
Article 42 The duration of the invention patent right shall be 20 years and that of the utility model patent right and of the design patent right shall be ten years respectively, all commencing from the date of application.
Article 43 The patentee shall pay annual fees commencing from the year when the patent right is granted.
Article 44 Under any of the following circumstances, the patent right shall be terminated before the expiration of the duration:(1) failure to pay the an or(2) the patentee waiving of the patent right by aIf a patent right is terminated before the duration expires, the patent administration department under the State Council shall register and announce such termination.
Article 45 Beginning from the date the patent administration department under the State Council announces the grant of a patent right, if a unit or individual believes that such grant does not conform to the relevant provisions of this Law, it or he may request that the patent review board declare the said patent right invalid.
Article 46 The patent review board shall examine the request for declaring a patent right invalid and make a decision in a timely manner and notify the requesting person and the patentee of its decision. The decision on declaring a patent right invalid shall be registered and announced by the patent administration department under the State Council.A person that is dissatisfied with the patent review board's decision on declaring a patent right invalid or its decision on affirming the patent right may take legal action before a people's court, within three months from the date of receipt of the notification. The people's court shall notify the opposite party in the invalidation procedure to participate in the litigation as a third party.
Article 47 Any patent right that has been declared invalid shall be deemed to be non-existent from the beginning.The decision on declaring a patent right invalid shall have no retroactive effect on any written judgment or written mediation on patent infringement that has been made and enforced by the people's court, or on any decision concerning the handling of a dispute over the patent infringement that has been performed or compulsively executed, or on any contract for permitted exploitation of the patent or for transfer of patent rights that has been performed--prior to the invalidation declaration of the patent right. However, compensation shall be made for the losses caused to another person mala fides by the patentee.Where the patent infringement compensation, royalties, and patent right transfer fees are not refunded pursuant to the provisions of the preceding paragraph, which constitutes a blatant violation of the principle of fairness, refund shall be made fully or partly.
Chapter VI& Compulsory License for Exploitation of a Patent
Article 48 Under any of the following circumstances, the patent administration department under the State Council may, upon application made by any unit or individual that possesses the conditions for exploitation, grant a compulsory license for exploitation of an invention patent or utility model patent:(1) When it has been three years since the date the patent right is granted and four years since the date the patent application is submitted, the patentee, without legitimate reasons, fails to have the patent exploite or(2) The patentee's exercise of the patent right is in accordance with law, confirmed as monopoly and its negative impact on competition needs to be eliminated or reduced.
Article 49 Where a national emergency or any extraordinary state of affairs occurs, or public interests so require, the patent administration department under the State Council may grant a compulsory license for exploitation of an invention patent or utility model patent.
Article 50 For the benefit of public health, the patent administration department under the State Council may grant a compulsory license for manufacture of the drug, for which a patent right has been obtained, and for its export to the countries or regions that conform to the provisions of the relevant international treaties to which the People's Republic of China has acceded.
Article 51 If an invention or utility model, for which the patent right has been obtained, represents a major technological advancement of remarkable economic significance, compared with an earlier invention or utility model for which the patent right has already been obtained, and exploitation of the former relies on exploitation of the latter, the patent administration department under the State Council may, upon application made by the latter, grant it a compulsory license to exploit the earlier invention or utility model.Under the circumstance where a compulsory license for exploitation is granted in accordance with the provisions of the preceding paragraph, the patent administration department under the State Council may, upon application made by the earlier patentee, grant it a compulsory license to exploit the later invention or utility model.
Article 52 If an invention involved in a compulsory license is a semi-conductor technology, the exploitation thereof shall be limited to the purpose of public interests and to the circumstances as provided for in Subparagraph (2) of Article 48 of this Law.
Article 53 Except for the compulsory license granted in accordance with the provisions of Subparagraph (2) of Article 48 or Article 50 of this Law, compulsory license shall mainly be exercised for the supply to the domestic market.
Article 54 A unit or individual that applies for a compulsory license in accordance with the provisions of Subparagraph (1) of Article 48 or Article 51 of this Law shall provide evidence to show that it or he has, under reasonable terms, requests the patentee's permission for exploitation of the patent, but fails to obtain such permission within a reasonable period of time.
Article 55 The decision made by the patent administration department under the State Council on granting of a compulsory license for exploitation shall be notified to the patentee in a timely manner and shall be registered and announced.In a decision on granting of the compulsory license for exploitation shall, according to the reasons justifying the compulsory license, be specified the scope and duration for exploitation. When such reasons cease to exist and are unlikely to recur, the patent administration department under the State Council shall, upon request by the patentee, make a decision to terminate the compulsory license after examination.
Article 56 Any unit or individual that is granted a compulsory license for exploitation shall not have an exclusive right to exploitation and shall not have the right to allow exploitation by others.
Article 57 The unit or individual that is granted a compulsory license for exploitation shall pay reasonable royalties to the patentee, or handle the issue of royalties in accordance with the provisions of the relevant international treaties to which the People's Republic of China has acceded. The amount of royalties to be paid shall be subject to consultation between the two parties. In the event of failure to reach an agreement between the two parties, the patent administration department under the State Council shall make a ruling.
Article 58 If a patentee is dissatisfied with the decision made by the patent administration department under the State Council -on granting of the compulsory license for exploitation, or if the patentee, or the unit or individual that has obtained the compulsory license for exploitation is dissatisfied with the ruling made by the patent administration department under the State Council regarding the royalties for the compulsorily licensed exploitation, it or he may take legal action before the people's court within three months from the date of receipt of the notification of the ruling.
Chapter VII& Protection of Patent Rights
Article 59 For the patent right of an invention or a utility model, the scope of protection shall be confined to what is claimed, and the written description and the pictures attached may be used to explain what is claimed.For the design patent right, the scope of protection shall be confined to the design of the product as shown in the drawings or pictures, and the brief description may be used to explain the said design as shown in the drawings or pictures.
Article 60 If a dispute arises as a result of exploitation of a patent without permission of the patentee, that is, the patent right of the patentee is infringed, the dispute shall be settled through consultation between the parties. If the parties are not willing to consult or if consultation fails, the patentee or interested party may take legal action before a people's court, and may also request the administration department for patent-related work to handle the dispute. If, when handling the dispute, the said department believes the infringement is established, it may order the infringer to cease the infr if the infringer is dissatisfied with the order, he may, within 15 days from the date of receipt of the notification of the order, take legal action before a people's court in accordance with the Administrative Procedure Law of the People's Republic of China. If the infringer neither takes legal action at the expiration of the time limit nor ceases the infringement, the said department may file an application with the people's court for compulsory enforcement. The administration department for patent-related work that handles the call shall, upon request of the parties, carry out mediation concerning the amount of compensation for the patent right infringement. If mediation fails, the parties may take legal action before the people's court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61 If a dispute over patent infringement involves an invention patent for the method of manufacturing a new product, the unit or individual manufacturing the same product shall provide evidence to show that the manufacturing method of their own product is different from the patented method.If a dispute over patent infringement involves a utility model patent or a design patent, the people's court or the administration department for patent-related work may require the patentee or the interested parties to present a patent right assessment report prepared by the patent administration department under the State Council through searching, analyzing, and assessing the relevant utility model or design, which shall serve as evidence for trying or handling the patent infringement dispute.
Article 62 In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design exploited is an existing technology or design, the exploitation shall not constitute a patent right infringement.
Article 63 A person who counterfeits the patent of another person shall, in addition to bearing civil liabilities in accordance with law, be ordered by the administration department for patent-related work to put it right, and the department shall make the matter known to the public, confiscate his unlawful gains and, in addition, impose on him a fine of not more than four tim if there are no unlawful gains, a fine of not more than RMB 200,000 m and if a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Article 64 When the administration department for patent-related work investigates and handles the suspected counterfeiting of a patent, it may, based on evidence obtained, inquire the parties concerned, and investigate the circumstances related to the s it may conduct on-the-spot inspection of the places where the suspected ille consult and duplicate the relevant contracts, invoices, account books and oth and check the products related to the suspected illegal act and seal or detain the products that are proved to be produced by the counterfeited patent.When the administration department for patent-related work performs its duties as prescribed in the preceding paragraph, the parties concerned shall provide assistance and cooperation, instead of refusing to do so or creating obstacles.
Article 65 The amount of compensation for patent right infringement shall be determined according to the patentee's actual losses caused by the infringement. If it is hard to determine the actual losses, the amount of compensation may be determined according to the benefits acquired by the infringer through the infringement. If it is hard to determine the losses of the patentee or the benefits acquired by the infringer, the amount of compensation may be determined according to the reasonably multiplied amount of the royalties of that patent. The amount of compensation shall include the reasonable expenses paid by the patentee for putting an end to the infringement.If the losses of the patentee, benefits of the infringer, or royalties of the patent are all hard to determine, the people's court may, on the basis of the factors such as the type of patent right, nature of the infringement, and seriousness of the case, determine the amount of compensation within the range from 10,000 yuan to 1,000,000 yuan.
Article 66 If the patentee or interested party has evidence to prove that another person is committing or is about to commit a patent infringement, which, unless being checked in time, may cause irreparable harm to his lawful rights and interests, he may, before taking legal action, file an application to request that the people's court order to have such act ceased.When filing such an application, the applicant shall provide guarantee. In the event of failure to provide guarantee, the application shall be rejected.The people's court shall make a ruling within 48 hours from the time of its acceptance of the application. If an extension is needed under special circumstances, a 48-hour extension may be allowed. If a ruling is made to order to have the relevant act ceased, it shall be enforced immediately. The party that is dissatisfied with the ruling may file once for review, and the enforcement shall not be suspended during the period of review.If the applicant does not take legal action within 15 days from the date the people's court takes measures to have the relevant act ceased, the people's court shall lift such measures.If the application is wrong, the applicant shall compensate the losses suffered by respondent due to ceasing of the relevant act.
Article 67 To check a patent infringement, when evidence might be lost or might be hard to acquire thereafter, the patentee or interested party may, before taking legal action, file an application with the people's court for evidence preservation.If the people's court takes preservation measures, it may order the applicant to provide guarantee. If the applicant fails to provide guarantee, the application shall be rejected.The people's court shall make a ruling within 48 hours from the time of its acceptance of the application. If it rules to take preservation measures, such a ruling shall be enforced immediately.If the applicant does not take legal action within 15 days from the date the people's court takes preservation measures, the people's court shall lift such measures.
Article 68 The period of limitation for action against patent right infringement shall be two years, commencing from the date when the patentee or interested party knows or should have known of the infringement.If an appropriate royalty is not paid for using an invention during the period from the publication of the invention patent application to the grant of the patent right, the period of limitation for taking legal action by the patentee for requesting payment of royalties shall be two years, commencing from the date when the patentee knows or should have known of the use of that patent by another person. However, the period of limitation for action shall commence from the date when the patent right is granted, if the patentee knows or should have known of the use before the patent right is granted.
Article 69 The following shall not be deemed to be patent right infringement:(1) After a patented product or a product directly obtained by using the patented method is sold by the patentee or sold by any unit or individual with the permission of the patentee, any other person uses, offers to sell, sells or (2) Before the date of patent application, any other person has already manufactured identical products, used identical method or has made necessary preparations for the manufacture or use and continues to manufacture the products or use the method withi(3) With respect to any foreign means of transportation that temporarily passes through the territory, territorial waters, or territorial airspace of China, the relevant patent is used in the devices and installations for its own needs, in accordance with the agreement concluded between the country it belong to and China, or in accordance with any international treaty to which both countries have acceded, or on the princip(4) Any person uses the relevant patent specially for the purpose of scientific research and(5) Any person produces, uses, or imports patented drugs or patented medical apparatus and instruments, for the purpose of providing information required for administrative examination and approval, or produces or any other person imports patented drugs or patented medical apparatus and instruments especially for that person.
Article 70 Where any person, for the purpose of production and business operation, uses, offers to sell or sells a patent-infringing product without knowing that such product is produced and sold without permission of the patentee, he shall not be liable for compensation provided that the legitimate source of the product can be proved.
Article 71 If, in violation of the provisions of Article 20 of this Law, a person files an application for patent in a foreign country, thereby divulging national secrets, the unit where he works or the competent authority at a higher level shall impose on him an administrative sanction. If a crime is constituted, he shall be investigated for criminal responsibility according to law.
Article 72 If a person usurps the right of an inventor or designer to apply for a non-employment invention patent, or usurps any other rights and interests of an inventor or designer specified in this Law, he shall be given an administrative sanction by the unit where he works or the competent authority at a higher level.
Article 73 The administration department for patent-related work shall not be involved in recommending patented products to the public or engage in any other similar business activities.If the administration department for patent-related work violates the provisions of the preceding paragraph, its immediate superior or the supervisory authority shall order it to rectify, and confiscate its unlawful gains, if the circumstances are serious, the principal leading person directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.
Article 74 Where a staff member of the government department engaged in administration of patent-related work or of a relevant department neglects his duty, abuses his power, or commits irregularities for personal gain, which constitutes a crime, he shall be pursued for criminal responsibility in accordance with law. If the case is not serious enough to constitute a crime, he shall be given an administrative sanction in accordance with law.
Chapter VIII& Supplementary Provisions
Article 75 To apply for patent at the patent administrative department under the State Council or go through other formalities, fees shall be paid in accordance with relevant regulations.
Article 76 This Law shall go into effect on April 1, 1985.&