Article 79  The administrative authority for patent affairs referred to in the Patent Law and these Rules means the department responsible for the administrative work concerning patent affairs set up by the people's government of any province, autonomous region, or municipality directly under the Central Government, or by the people's government of any city divided into districts which has a large amount of patent administration work to attend to and has the ability to deal with the matter.
 

Article 80  The patent administration department of the State Council shall provide professional guidance to the administrative authorities for patent affairs in handling patent infringement disputes, investigating and punishing acts of passing off patents and mediating patent disputes.
 

Article 81  Where any party concerned requests handling of a patent infringement dispute or mediation of a patent dispute, such dispute shall fall under the jurisdiction of the administrative authority for patent affairs of the place where the requested party has his or its location or where the act of infringement takes place.
Where two or more administrative authorities for patent affairs all have jurisdiction over a patent dispute, the party concerned may file his or its request with one of them; where requests are filed with two or more competent administrative authorities for patent affairs, the administrative authority for patent affairs which first accepts the request shall have jurisdiction.
Where administrative authorities for patent affairs have a dispute over their jurisdiction, the administrative authority for patent affairs of their common higher people's government shall designate one administrative authority for patent affairs to exercise the jurisdiction; if there is no such administrative authority for patent affairs of their common higher people's government, the patent administration department of the State Council shall designate one administrative authority for patent affairs to exercise the jurisdiction.
 

Article 82  Where, in the course of handling a patent infringement dispute, the alleged infringer requests invalidation of the patent right and his or its request is accepted by the Patent Reexamination Board, he or it may request the administrative authority for patent affairs concerned to suspend the handling of the matter.
If the administrative authority for patent affairs considers that the reasons set forth by the alleged infringer for the suspension are obviously untenable, it may not suspend the handling of the matter.
 

Article 83  Where any patentee affixes a patent indication on the patented product or on the package of that product in accordance with the provisions of Article 17 of the Patent Law, he or it shall make the affixation in the manner as prescribed by the patent administration department of the State Council.
Where any patent indication is not in conformity with the provisions of the preceding paragraph, the administrative authority for patent affairs shall order corrections to be made accordingly.
 

Article 84  Any of the following acts constitutes an act of passing off a patent as prescribed in Article 63 of the Patent Law:
(1) affixing a patent indication on an unpatented product or on the package of such product, continuing to affix a patent indication on a product or on the package of such product after the related patent right is declared invalid or ceases, or affixing the patent number of another person on a product or on the package of a product without authorization;
(2) selling a product as prescribed in subparagraph (1);
(3) indicating an unpatented technology or design as a patented technology or design, indicating a patent application as a patent or using the patent number of another person without authorization, in such materials as specifications of a product etc., which could mislead the public to regard the related technology or design as a patented technology or design;
(4) counterfeiting or transforming any patent certificate, patent document or patent application document; or
(5) any other act which might mislead the public into regarding an unpatented technology or design as a patented technology or design.
Where any person affixes a patent indication legally on a patented product, or on a product directly obtained by a patented process, or on the package of such product before cessation of the patent right, and offers for sale or sells such product after cessation of the patent right, such act does not constitute an act of passing off a patent.
Where any person unknowingly sells a product passing off a patent, and can prove that he or it obtains the product from a legitimate channel, the administrative authority for patent affairs shall order him or it to stop selling the product, but exempt him or it from paying a fine.
 

Article 85  Subject to the provisions of Article 60 of the Patent Law, the administrative authority for patent affairs may, at the request of the parties concerned, mediate the following patent disputes:
(1) any dispute over the ownership of the right to apply for patent or the patent right;
(2) any dispute over the qualification of an inventor or creator;
(3) any dispute over the rewards and remuneration of the inventor or creator of a service invention-creation;
(4) any dispute over the unpaid appropriate fee for the exploitation of an invention after the publication of an application for patent but before the grant of the patent right; and
(5) any other patent dispute.
Where the party concerned requests the administrative authority for patent affairs to mediate a dispute referred to in subparagraph (4) of the preceding paragraph, the request shall be made after the grant of the patent right.
 

Article 86  Where any party, in respect of a dispute over the ownership of the right to apply for patent or the patent right, has already applied for mediation with the administrative authority for patent affairs or instituted legal proceedings before the people's court, he or it may request the patent administration department of the State Council to suspend the relevant procedures.
Any party requesting the suspension of the relevant procedures in accordance with the preceding paragraph shall submit a request to the patent administration department of the State Council, which is accompanied by a copy of the document of the administrative authority for patent affairs or the people's court acknowledging acceptance of the case, with the filing number or the patent number concerned indicated.
After a mediation statement made by the administrative authority for patent affairs or a judgment rendered by the people's court has entered into force, the parties concerned shall go through the formalities for resuming the relevant procedures with the patent administration department of the State Council. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent right, and it is necessary to continue the suspension, the party who makes the request shall, within the said time limit, request extension of the suspension. If no such request for extension is filed at the expiration of the said time limit, the patent administration department of the State Council shall resume the procedures on its own initiative.
 

Article 87  Where, in hearing civil cases, the people's court has ordered the adoption of preservation measures for the right to apply for patent or the patent right, the patent administration department of the State Council shall suspend the relevant procedures concerning the patent application or patent right under preservation on the date of receipt of the order and the notice for execution assistance with the filing number or the patent number indicated. If, at the expiration of the time limit for preservation, there is no order of the people's court to continue the preservation, the patent administration department of the State Council shall resume the relevant procedures on its own initiative.
 

Article 88  The suspension of the relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of such procedures as preliminary examination, examination as to substance, and reexamination of a patent application, the granting of a patent right and the invalidation of a patent, and to the suspension of such procedures as the abandonment of a patent right, the change in or transfer of a patent right or a right to apply for patent, the pledge of a patent right, and the cessation of a patent right before the expiration of its duration.