(3)　　 the patentee does not agree to license in accordance with the above two methods.

　　Under the condition that the patentee chooses item (3), the standard shall not include provisions based on such patent.”

　　9.Specifying the Coping Methods If Patent is Found Being Involved in Standards without a Licensing Statement on Implementation After National Standards are Promulgated

　　According to Article 13 of Version 2004, "Where the patentee refuses to make the above licensing statement on implementing a patent, the National Administrative Department of Standardization shall withdrawal such standard to the PSTC."

　　According to Article 11 of Version 2009, "Where the patentee refuses to make the above licensing statement on implementing a patent, the National Administrative Department of Standardization shall revise such standard."

　　10.　Adjusting the Requests of Compiling Patent Information in National Standard Instruments

　　According to Article 14 of Version 2004, "The requests of compiling the national standard instruments involving patent shall refer to the provisions of GB 1.2."

　　According to Article 18 of Version 2009, "Relevant patent information in national standard instruments shall be compiled in accordance with the provisions of GB/T1 Guide to Standardization Work."

　　Although we haven''t listed the differences between Version 2009 and Version 2004 one by one, Version 2009 has achieved great development compared with Version 2004 for the purpose of the above adjustments. But meanwhile problems still remain, for example,

　　1. That Article 8 of Version 2009 only limits the parties who may bear legal liabilities of violating disclosure obligation within the scope of "patentees and their affiliates participating in the drafting of the standards" which seems not so appropriate because PSTC or BIC (i.e., standard maker or reviser) bearing disclosure obligation may also violate the disclosure obligation for negligence or on purpose.