New Implementing Regulations of the Chinese Patent Law
Comparative Table
2010 vs 2023
Chapter I General Provisions |
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2010 |
2023 |
Rule 1 These Implementing Regulations are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
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Rule 1 These Implementing Regulations are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
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Rule 2 Any formalities prescribed by the Patent Law and these Implementing Regulations shall be complied with in a written form or in any other form prescribed by the Patent Administration Department under the State Council.
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Rule 2 Any formalities prescribed by the Patent Law and these Implementing Regulations shall be complied with in a written form or in any other form prescribed by the Patent Administration Department under the State Council. The data message (hereinafter collectively referred to as electronic form) that can show the contents in a tangible way by electronic data interchange or other forms, which can also be retrieved at any time, is considered as written form.
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Rule 3 Any document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth by the State; where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated.
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations is in a foreign language, the Patent Administration Department under the State Council may, when it deems necessary, request a Chinese translation of the certificate or the certifying document be submitted within a specified time limit; where the translation is not submitted within the specified time limit, the certificate or certifying document shall be deemed not to have been submitted.
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Rule 3 Any document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth by the State; where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated.
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations is in a foreign language, the Patent Administration Department under the State Council may, when it deems necessary, request a Chinese translation of the certificate or the certifying document be submitted within a specified time limit; where the translation is not submitted within the specified time limit, the certificate or certifying document shall be deemed not to have been submitted.
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Rule 4 Where any document is sent by mail to the Patent Administration Department under the State Council, the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing; where the date of mailing indicated by the postmark on the envelope is illegible, the date on which the Patent Administration Department under the State Council receives the document shall be the date of filing, except where the date of mailing is proved by the party concerned.
Any document of the Patent Administration Department under the State Council may be served by mail, by personal delivery or by other forms. Where any party concerned appoints a patent agency, the document shall be sent to the patent agency; where no patent agency is appointed, the document shall be sent to the liaison person named in the request.
Where any document is sent by mail by the Patent Administration Department under the State Council, the 16th day from the date of mailing shall be presumed to be the date on which the party concerned receives the document.
Where any document is delivered personally in accordance with the provisions of the Patent Administration Department under the State Council, the date of delivery is the date on which the party concerned receives the document.
Where the address of any document is not clear and it cannot be sent by mail, the document may be served by making an announcement. At the expiration of one month from the date of the announcement, the document shall be deemed to be served.
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Rule 4 Where any document is sent by mail to the Patent Administration Department under the State Council, the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing; where the date of mailing indicated by the postmark on the envelope is illegible, the date on which the Patent Administration Department under the State Council receives the document shall be the date of filing, except where the date of mailing is proved by the party concerned.
Where various documents are submitted to the Patent Administration Department under the State Council in electronic form, the date of entry into the specific electronic system designated by the Patent Administration Department under the State Council shall be the date of submission.
Any document of the Patent Administration Department under the State Council may be served by electronic form, mail, by personal delivery or by other forms. Where any party concerned appoints a patent agency, the document shall be sent to the patent agency; where no patent agency is appointed, the document shall be sent to the liaison person named in the request.
Where any document is sent by mail by the Patent Administration Department under the State Council, the 16th day from the date of mailing shall be presumed to be the date on which the party concerned receives the document. If the parties provide evidence which can prove the actual date of receipt of the documents, the actual date of receipt shall prevail.
Where any document is delivered personally in accordance with the provisions of the Patent Administration Department under the State Council, the date of delivery is the date on which the party concerned receives the document.
Where the address of any document is not clear and it cannot be sent by mail, the document may be served by making an announcement. At the expiration of one month from the date of the announcement, the document shall be deemed to be served.
For various documents served by the Patent Administration Department under the State Council in electronic form, the date of entry into the electronic system approved by the party concerned shall be the date of service.
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Rule 5 The first day of any time limit prescribed in the Patent Law or these Implementing Regulations shall not be calculated as part of the time limit. Where a time limit is calculated in years or months, it shall expire on the corresponding day of the last month; if there is no corresponding day in such month, the time limit shall expire on the last day of that month; if the date of expiration of a time limit falls on a statutory holiday, it shall expire on the first working day following that holiday. |
Rule 5 The starting date of any time limit prescribed in the Patent Law or these Implementing Regulations shall not be calculated as part of the time limit, but shall be calculated from the next day. Where a time limit is calculated in years or months, it shall expire on the corresponding day of the last month; if there is no corresponding day in such month, the time limit shall expire on the last day of that month; if the date of expiration of a time limit falls on a statutory holiday, it shall expire on the first working day following that holiday.
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Rule 6 Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed, at the latest within two years immediately following the expiration of that time limit, request the Patent Administration Department under the State Council to restore his or its rights.
Apart from the situations specified in the preceding paragraph, where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of any other justified reason than the aforementioned one, resulting in loss of his or its rights, he or it may, within two months from the date of receipt of a notification from the Patent Administration Department under the State Council, request the Patent Administration Department under the State Council to restore his or its rights.
When a party requests for a restoration of rights in accordance with the provisions in the paragraph one or two, he or it, shall submit a written application for right restoration, state the reasons, enclose relevant supporting documents if necessary, and go through the relevant formalities that should be done before losing the rights; as well as pay application fees for requesting for restoring his or its rights, according to the provision in paragraph two of this Rule.
Where the party concerned makes a request for an extension of a time limit specified by the Patent Administration Department under the State Council, he or it shall, before the time limit expires, state the reasons to the Patent Administration Department under the State Council and go through the relevant formalities.
The provisions of paragraphs one and two of this Rule shall not be applicable to the time limit referred to in Articles 24, 29, 42 and 68 of the Patent Law.
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Rule 6 Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed,
Apart from the situations specified in the preceding paragraph, where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of any other justified reason than the aforementioned one, resulting in loss of his or its rights, he or it may, within two months from the date of receipt of a notification from the Patent Administration Department under the State Council, request the Patent Administration Department under the State Council to restore his or its rights; however, if the time limit for the request for reexamination is not observed, he or it may, request the Patent Administration Department under the State Council to restore his or its rights within 2 months from the date of expiration of the time limit for the request for reexamination.
When a party requests for a restoration of rights in accordance with the provisions in the paragraph one or two, he or it, shall submit a written application for right restoration, state the reasons, enclose relevant supporting documents if necessary, and go through the relevant formalities that should be done before losing the rights; as well as pay application fees for requesting for restoring his or its rights, according to the provision in paragraph two of this Rule.
Where the party concerned makes a request for an extension of a time limit specified by the Patent Administration Department under the State Council, he or it shall, before the time limit expires, file a request for extension of the time limit, state the reasons to the Patent Administration Department under the State Council and go through the relevant formalities.
The provisions of paragraphs one and two of this Rule shall not be applicable to the time limit referred to in Articles 24, 29, 42 and 74 of the Patent Law.
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Rule 7 Where an application for a patent concerning interests of national defense and requires to be kept confidential, the application for patent shall be filed with the National Defense Patent Institution (NDPI) of the State. Where any application for patent accepted by the Patent Administration Department under the State Council relates to interests of national defense and requiring to be kept confidential, the application shall be forwarded to the National Defense Patent Institution (NDPI) of the State for examination in time, and the Patent Administration Department under the State Council shall issue the decision to grant a national defense patent, on condition that no reason of objection is raised after the examination by the National Defense Patent Institution.
Where the Patent Administration Department under the State Council holds that a patent application for an invention or utility model involves state security or substantial interests apart from national defense, and is required to be kept confidential, it shall make a timely decision to handle such applications as an application for confidential patent and notify the applicant accordingly. Special procedure of examination and reexamination of an application for a confidential patent, as well as invalidation declaration shall subject to the provisions provided by the Patent Administration Department under the State Council.
Where the Patent Administration Department under the State Council holds that a patent application for an invention or utility model involves state security or substantial interests apart from national defense, and is required to be kept confidential, it shall make a timely decision to handle such applications as an application for confidential patent and notify the applicant accordingly. Special procedure of examination and reexamination of an application for a confidential patent, as well as invalidation declaration shall subject to the provisions provided by the Patent Administration Department under the State Council. |
Rule 7 Where an application for a patent concerning interests of national defense and requires to be kept confidential, the application for patent shall be filed with the National Defense Patent Institution (NDPI) of the State. Where any application for patent accepted by the Patent Administration Department under the State Council relates to interests of national defense and requiring to be kept confidential, the application shall be forwarded to the National Defense Patent Institution (NDPI) of the State for examination in time, and the Patent Administration Department under the State Council shall issue the decision to grant a national defense patent, on condition that no reason of objection is raised after the examination by the National Defense Patent Institution.
Where the Patent Administration Department under the State Council holds that a patent application for an invention or utility model involves state security or substantial interests apart from national defense, and is required to be kept confidential, it shall make a timely decision to handle such applications as an application for confidential patent and notify the applicant accordingly. Special procedure of examination and reexamination of an application for a confidential patent, as well as invalidation declaration shall subject to the provisions provided by the Patent Administration Department under the State Council.
Where the Patent Administration Department under the State Council holds that a patent application for an invention or utility model involves state security or substantial interests apart from national defense, and is required to be kept confidential, it shall make a timely decision to handle such applications as an application for confidential patent and notify the applicant accordingly. Special procedure of examination and reexamination of an application for a confidential patent, as well as invalidation declaration shall subject to the provisions provided by the Patent Administration Department under the State Council.
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Rule 8 An invention or utility model made in China as stipulated in Article 20 of the Patent Law refers to the invention or utility model, of which the essence of technical scheme is completed within the territory of China.
Any entity or individual intending to file a patent application in a foreign country for an invention or utility model made in China, shall make a request for a foreign filing license issued by the Patent Administration Department under the State Council in one of the following ways:
(1) Where a party intends to directly file a patent application in a foreign country or file an international patent application to a related foreign agency, he or it shall, make a request in advance to the Patent Administration Department under the State Council and describe in detail the technical scheme.
(2) Where a party prepares to file a patent application in a foreign country or file an international patent application to a related foreign agency after applying at the Patent Administration Department under the State Council for a patent, he or it shall, make such request before applying in a foreign country or filing the international patent application to a related foreign agency.
Where a party files an international patent application with the Patent Administration Department under the State Council, he or it is regarded as having made such request for foreign filing license at the same time. |
Rule 8 An invention or utility model made in China as stipulated in Article 19 of the Patent Law refers to the invention or utility model, of which the essence of technical scheme is completed within the territory of China.
Any entity or individual intending to file a patent application in a foreign country for an invention or utility model made in China, shall make a request for a foreign filing license issued by the Patent Administration Department under the State Council in one of the following ways:
(1) Where a party intends to directly file a patent application in a foreign country or file an international patent application to a related foreign agency, he or it shall, make a request in advance to the Patent Administration Department under the State Council and describe in detail the technical scheme.
(2) Where a party prepares to file a patent application in a foreign country or file an international patent application to a related foreign agency after applying at the Patent Administration Department under the State Council for a patent, he or it shall, make such request before applying in a foreign country or filing the international patent application to a related foreign agency.
Where a party files an international patent application with the Patent Administration Department under the State Council, he or it is regarded as having made such request for foreign filing license at the same time.
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Rule 9 If the Patent Administration Department under the State Council, through deliberation after receipt of the request specified in Rule 8, holds that the invention or utility model is likely to involve national security or substantial interests requiring to be kept confidential, it shall timely notify the applicant of confidentiality examination.
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Rule 9 If the Patent Administration Department under the State Council, through deliberation after receipt of the request specified in Rule 8, holds that the invention or utility model is likely to involve national security or substantial interests requiring to be kept confidential, it shall send a confidentiality examination notice to the applicant within 2 months from the date of request; where circumstances are complex, it can be extended by 2 months.
Where the Patent Administration Department under the State Council notifies the confidentiality examination in accordance with the provisions of the preceding paragraph, it shall make a decision on whether such confidentiality should be kept within 4 months from the date of the request and notify the applicant; where circumstances are complex, it can be extended by 2 months.
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Rule 10 Any invention-creation that is contrary to the laws referred to in Article 5 of the Patent Law shall not include the invention-creation merely because the exploitation of which is prohibited by the laws. |
Rule 10 Any invention-creation that is contrary to the laws referred to in Article 5 of the Patent Law shall not include the invention-creation merely because the exploitation of which is prohibited by the laws.
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Rule 11 The principle of good faith shall be followed when applying for a patent. All types of patent applications shall be based on real invention and creation activities and shall not be falsified.
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Rule 11 The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means the priority 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 The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means the priority 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.
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Rule 12 "A service invention-creation made by a person in the execution of tasks of the entity to which he belongs" referred to in Article 6 of the Patent Law means any invention-creation made:
(1) 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 after the retirement, transfer from the entity to which he originally belongs or the labor and personnel relationship being terminated, 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 in 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 entity's money, equipment, spare parts, raw materials or technical materials which are not disclosed to the public. |
Rule 13 "A service invention-creation made by a person in the execution of tasks of the entity to which he belongs" referred to in Article 6 of the Patent Law means any invention-creation made:
(1) 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 after the retirement, transfer from the entity to which he originally belongs or the labor and personnel relationship being terminated, 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 in 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 entity's money, equipment, spare parts, raw materials or technical information and materials which are not disclosed to the public.
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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 work, or who offers facilities for making use of material and technical means, or who takes part in other auxiliary functions, shall not be considered as inventor or creator. |
Rule 14 "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 work, or who offers facilities for making use of material and technical means, or who takes part in other auxiliary functions, shall not be considered as inventor or creator.
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Rule 14 Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where the patent 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 a transfer of patent right.
Any license contract for exploitation of the 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.
If a patent right is pledged, the pledgor and pledgee shall go through registration procedure of the pledge at the Patent Administration Department under the State Council jointly.
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Rule 15 Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where the patent 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 a transfer of patent right.
Any license contract for exploitation of the 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.
If a patent right is pledged, the pledgor and pledgee shall go through registration procedure of the pledge at the Patent Administration Department under the State Council jointly.
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Rule 16 Patent work should be conducted to conform with the Party’s and the State's intellectual property strategy deployment, improve the level of patent creation, exploitation, protection, management, and service in China, support comprehensive innovation, and promote the construction of an innovative country.
The Patent Administration Department under the State Council shall improve the public service capacity of patent information, publish patent information in a complete, accurate and timely manner, provide basic patent data, and promote the open sharing and interconnection of patent related data resources.
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Chapter II Application for Patent |
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2010 |
2023 |
Rule 15 Anyone who applies for a patent
Any applicant who appoints a patent agency for applying for a patent, or for having 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 the request, the applicant named first in the request shall be the representative. |
Rule 17 Anyone who applies for a patent shall file the application documents with the Patent Administration Department under the State Council and comply with the relevant provisions.
Any applicant who appoints a patent agency for applying for a patent, or for having 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 the request, the applicant named first in the request shall be the representative.
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Rule 18 Any applicant or patentee who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the Patent Administration Department under the State Council may handle the following on its/his own: (1) submitting a certified copy of the application filed the first time (hereinafter referred to as the earlier application) where the right of priority is claimed; (2) paying fees; (3) other matters prescribed by the Patent Administration Department under the State Council.
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Rule 16 The request of application for patent for invention, utility model or design, shall state the following: (1) the title of the invention, utility model or design; (2) where the applicant is a Chinese entity or individual, its or his title or name, address, postal code, the code of the organization or the (3) the name of the inventor or creator; (4) where the applicant has appointed a patent agency, the name of the appointed agency, the agency's organizational code and the name, the professional certificate number and the telephone number of the patent agent assigned by the agency; (5) where the right of priority is claimed, the filing date on which the applicant filed the application the first time (hereinafter referred to as the earlier application), the filing number of the application and the title of the authority with which the application was first filed; (6) the signature or seal of the applicant or the patent agency; (7) a list of the documents constituting the application; (8) a list of the documents appending the application; and (9) any other related matters which needs to be indicated.
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Rule 19 The request of application for patent for invention, utility model or design, shall state the following: (1) the title of the invention, utility model or design; (2) where the applicant is a Chinese entity or individual, its or his title or name, address, postal code, uniform social credit code or the identification card number; where the applicant is a foreigner, a foreign enterprise or other foreign organization, his or its name or title, the nationality or the country or region in which the applicant is registered;
(3) the name of the inventor or creator; (4) where the applicant has appointed a patent agency, the name of the appointed agency, the agency's organizational code and the name, the qualification certificate number and the telephone number of the patent attorney assigned by the agency; (5) where the right of priority is claimed, the filing date, the filing number and the title of the authority with which the application was first filed of the earlier application;
(6) the signature or seal of the applicant or the patent agency; (7) a list of the documents constituting the application; (8) a list of the documents appending the application; and (9) any other related matters which needs to be indicated. |
Rule 17 The description of an application for a patent for invention or a patent for utility model shall state the title of the invention or utility model, which shall be the same as it appears in the request. The description shall include the following: (1) technical field: specifying the technical field to which the technical solution for which protection is sought pertains; (2) background art: indicating the background art which can be regarded as useful for the understanding, searching and examination of the invention or utility model, and when possible, citing the documents reflecting such art; (3) contents of the invention: disclosing the technical problem the invention or utility model aims to settle and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the invention or utility model; (4) description of figures: briefly describing each figure in the drawings, if any; (5) mode of carrying out the invention or utility model: describing in detail the optimally selected mode contemplated by the applicant for carrying out the invention or utility model; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any.
The manner and order referred to in the preceding paragraph shall be followed by the applicant for a patent for invention or a patent for utility model, and each of the parts shall be preceded by a heading, unless, because of the nature of the invention or utility model, a different manner or order would result in a better understanding and a more economical presentation.
The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain such references to the claims as: "as described in claim ... ", nor shall it contain commercial advertising.
Where an application for a patent for invention contains disclosure of one or more nucleotide and/or amino acid sequences, the description shall contain a sequence listing in compliance with the standard prescribed by the Patent Administration Department under the State Council.
The description of an application for patent for utility model shall include the drawings showing the shape, structure or their combination of the product for which protection is sought. |
Rule 20 The description of an application for a patent for invention or a patent for utility model shall state the title of the invention or utility model, which shall be the same as it appears in the request. The description shall include the following: (1) technical field: specifying the technical field to which the technical solution for which protection is sought pertains; (2) background art: indicating the background art which can be regarded as useful for the understanding, searching and examination of the invention or utility model, and when possible, citing the documents reflecting such art; (3) contents of the invention: disclosing the technical problem the invention or utility model aims to settle and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the invention or utility model; (4) description of figures: briefly describing each figure in the drawings, if any; (5) mode of carrying out the invention or utility model: describing in detail the optimally selected mode contemplated by the applicant for carrying out the invention or utility model; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any.
The manner and order referred to in the preceding paragraph shall be followed by the applicant for a patent for invention or a patent for utility model, and each of the parts shall be preceded by a heading, unless, because of the nature of the invention or utility model, a different manner or order would result in a better understanding and a more economical presentation.
The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain such references to the claims as: "as described in claim ... ", nor shall it contain commercial advertising.
Where an application for a patent for invention contains disclosure of one or more nucleotide and/or amino acid sequences, the description shall contain a sequence listing in compliance with the standard prescribed by the Patent Administration Department under the State Council.
The description of an application for patent for utility model shall include the drawings showing the shape, structure or their combination of the product for which protection is sought.
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Rule 18 The figures of drawings of the invention or utility model shall be numbered and arranged in numerical order consecutively as "Figure 1, Figure 2, ... ".
Reference numerals not mentioned in the text of the description of the invention or utility model shall not appear in the drawings. Reference numerals not mentioned in the drawings shall not appear in the text of the description. Reference numerals for the same composite part shall be used consistently throughout the application document.
The drawings shall not contain any other explanatory notes, except words which are indispensable. |
Rule 21 The figures of drawings of the invention or utility model shall be numbered and arranged in numerical order consecutively as "Figure 1, Figure 2, ...
Reference numerals not mentioned in the text of the description of the invention or utility model shall not appear in the drawings. Reference numerals not mentioned in the drawings shall not appear in the text of the description. Reference numerals for the same composite part shall be used consistently throughout the application document.
The drawings shall not contain any other explanatory notes, except words which are indispensable.
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Rule 19 The claims shall specify the technical features of the invention or utility model.
If there are several claims, they shall be numbered consecutively in Arabic numerals.
The scientific and technical terms used in the claims shall be consistent with that used in the description. The claims may contain chemical or mathematical formulae but no drawings. They shall not, except where absolutely necessary, contain such references to the description or drawings as: "as described in part... of the description", or "as illustrated in Figure ... of the drawings".
The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference numerals in the drawings. Such Reference numerals shall follow the corresponding technical features and be placed in parentheses. The reference numerals shall not be construed as limiting the claims. |
Rule 22 The claims shall specify the technical features of the invention or utility model.
If there are several claims, they shall be numbered consecutively in Arabic numerals.
The scientific and technical terms used in the claims shall be consistent with that used in the description. The claims may contain chemical or mathematical formulae but no drawings. They shall not, except where absolutely necessary, contain such references to the description or drawings as: "as described in part... of the description", or "as illustrated in Figure ... of the drawings".
The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference numerals in the drawings. Such Reference numerals shall follow the corresponding technical features and be placed in parentheses. The reference numerals shall not be construed as limiting the claims.
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Rule 20 The claims shall have an independent claim, and may also contain dependent claims.
The independent claim shall outline the technical solution of an invention or utility model and state the essential technical features necessary for the solution of its technical problem.
The dependent claim shall, by additional technical features, further define the claim which it refers to. |
Rule 23 The claims shall have an independent claim, and may also contain dependent claims.
The independent claim shall outline the technical solution of an invention or utility model and state the essential technical features necessary for the solution of its technical problem.
The dependent claim shall, by additional technical features, further define the claim which it refers to.
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Rule 21 An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form: (1) a preamble portion: indicating the title of the claimed subject matter of the technical solution of the invention or utility model, and those technical features which are necessary for the definition of the claimed subject matter but which, in combination, are part of the most related prior art; (2) a characterizing portion: stating, in such words as "characterized in that... "or in similar expressions, the technical features of the invention or utility model, which distinguish it from the most related prior art. Those features, in combination with the features stated in the preamble portion, serve to define the extent of protection of the invention or utility model.
Where the manner specified in the preceding paragraphs is not appropriate to be followed because of the nature of the invention or utility model, an independent claim may be presented in a different manner.
An invention or utility model shall have only one independent claim, which shall precede all the dependent claims relating to the same invention or utility model. |
Rule 24 An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form: (1) a preamble portion: indicating the title of the claimed subject matter of the technical solution of the invention or utility model, and those technical features which are necessary for the definition of the claimed subject matter but which, in combination, are part of the most related prior art; (2) a characterizing portion: stating, in such words as "characterized in that... "or in similar expressions, the technical features of the invention or utility model, which distinguish it from the most related prior art. Those features, in combination with the features stated in the preamble portion, serve to define the extent of protection of the invention or utility model.
Where the manner specified in the preceding paragraphs is not appropriate to be followed because of the nature of the invention or utility model, an independent claim may be presented in a different manner.
An invention or utility model shall have only one independent claim, which shall precede all the dependent claims relating to the same invention or utility model.
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Rule 22 Any dependent claim of an invention or utility model shall contain a reference portion and a characterizing portion, and be presented in the following manner: (1) a reference portion: indicating the serial number(s) of the claim(s) referred to, and the title of the subject matter; (2) a characterizing portion: stating the additional technical features of the invention or utility model.
Any dependent claim shall only refer to the preceding claim or claims. Any multiple dependent claims, which refers to two or more claims, shall refer to the preceding claims in the alternative only, and shall not serve as a basis for any other multiple dependent claims. |
Rule 25 Any dependent claim of an invention or utility model shall contain a reference portion and a characterizing portion, and be presented in the following manner: (1) a reference portion: indicating the serial number(s) of the claim(s) referred to, and the title of the subject matter; (2) a characterizing portion: stating the additional technical features of the invention or utility model.
Any dependent claim shall only refer to the preceding claim or claims. Any multiple dependent claims, which refers to two or more claims, shall refer to the preceding claims in the alternative only, and shall not serve as a basis for any other multiple dependent claims.
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Rule 23 The abstract shall consist of a summary of the disclosure as contained in the application for patent for invention or utility model. The summary shall indicate the title of the invention or utility model, and the technical field to which the invention or utility model pertains, and shall be drafted in a way which allows the clear understanding of the technical problem, the gist of the technical solution to that problem, and the principal use or uses of the invention or utility model.
The abstract may contain the chemical formula which best characterizes the invention. In an application for a patent which contains drawings, the applicant shall provide a figure which best characterizes the technical features of the invention or utility model.
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Rule 26 The abstract shall consist of a summary of the disclosure as contained in the application for patent for invention or utility model. The summary shall indicate the title of the invention or utility model, and the technical field to which the invention or utility model pertains, and shall be drafted in a way which allows the clear understanding of the technical problem, the gist of the technical solution to that problem, and the principal use or uses of the invention or utility model.
The abstract may contain the chemical formula which best characterizes the invention. In an application for a patent which contains drawings, the applicant shall specify in the request form a figure of the description as an abstract drawing which best characterizes the technical features of the invention or utility model. There shall be no commercial advertising in the abstract. |
Rule 24 Where an invention for which a patent is applied for concerns a new biological material which is not available to the public and which cannot be described in the application in such a manner as to enable the invention to be carried out by a person skilled in the art, the applicant shall, in addition to the other requirements provided for in the Patent Law and these Implementing Regulations, go through the following formalities: (1) depositing a sample of the biological material with a depositary institution designated by the Patent Administration Department under the State Council before, or at the latest, on the date of filing (or the priority date where priority is claimed), and submit at the time of filing or at the latest, within four months from the date of filing, a receipt of deposit and the viability proof from the depository institution; where they are not submitted within the specified time limit, the sample of the biological material shall be deemed not to have been deposited; (2) giving in the application document relevant information of the characteristics of the biological material; (3) indicating, where the application relates to the deposit of a sample of the biological material, in the request and the description the scientific name (with its Latin name) and the title and address of the depositary institution, the date on which the sample of the biological material was deposited and the accession number of the deposit; where, at the time of filing, they are not indicated, they shall be supplied within four months from the date of filing; where after the expiration of the time limit they are not supplied, the sample of the biological material shall be deemed not to have been deposited. |
Rule 27 Where an invention for which a patent is applied for concerns a new biological material which is not available to the public and which cannot be described in the application in such a manner as to enable the invention to be carried out by a person skilled in the art, the applicant shall, in addition to the other requirements provided for in the Patent Law and these Implementing Regulations, go through the following formalities: (1) depositing a sample of the biological material with a depositary institution designated by the Patent Administration Department under the State Council before, or at the latest, on the date of filing (or the priority date where priority is claimed), and submit at the time of filing or at the latest, within four months from the date of filing, a receipt of deposit and the viability proof from the depository institution; where they are not submitted within the specified time limit, the sample of the biological material shall be deemed not to have been deposited; (2) giving in the application document relevant information of the characteristics of the biological material; (3) indicating, where the application relates to the deposit of a sample of the biological material, in the request and the description the scientific name (with its Latin name) and the title and address of the depositary institution, the date on which the sample of the biological material was deposited and the accession number of the deposit; where, at the time of filing, they are not indicated, they shall be supplied within four months from the date of filing; where after the expiration of the time limit they are not supplied, the sample of the biological material shall be deemed not to have been deposited.
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Rule 25 Where the applicant for a patent for invention has deposited a sample of the biological material in accordance with the provisions of Rule 24 of these Implementing Regulations, and after the application for patent for invention is published, any entity or individual that intends to make use of the biological material to which the application relates, for the purpose of experiment, shall make a request to the Patent Administration Department under the State Council, containing the following items: (1) the title or name and address of the requesting person; (2) an undertaking not to make the biological material available to any other person; (3) an undertaking to use the biological material for experimental purpose only before the grant of the patent right. |
Rule 28 Where the applicant for a patent for invention has deposited a sample of the biological material in accordance with the provisions of Rule 27 of these Implementing Regulations, and after the application for patent for invention is published, any entity or individual that intends to make use of the biological material to which the application relates, for the purpose of experiment, shall make a request to the Patent Administration Department under the State Council, containing the following items: (1) the title or name and address of the requesting person; (2) an undertaking not to make the biological material available to any other person; (3) an undertaking to use the biological material for experimental purpose only before the grant of the patent right.
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Rule 26 The genetic resources referred to in the Patent Law mean the material obtained from such as human body, animal, plant, or microorganism which contains functional units of heredity and is of actual or potential value. The invention-creation is developed relying on the genetic resources referred to in the Patent Law means that the invention-creation is developed relying on the use of the heredity function of the genetic resources.
Where an application for patent is filed for an invention-creation the development of which relies on the use of genetic resources, the applicant shall state that fact in the request, and fill in the forms provided by the Patent Administration Department under the State Council. |
Rule 29 The genetic resources referred to in the Patent Law mean the material obtained from such as human body, animal, plant, or microorganism which contains functional units of heredity and is of actual or potential value and the genetic information derived from the material. The invention-creation is developed relying on the genetic resources referred to in the Patent Law means that the invention-creation is developed relying on the use of the heredity function of the genetic resources.
Where an application for patent is filed for an invention-creation the development of which relies on the use of genetic resources, the applicant shall state that fact in the request, and fill in the forms provided by the Patent Administration Department under the State Council.
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Rule 27 Where an application for a patent for design seeking concurrent protection of colors is filed, drawings or photographs in color shall be submitted.
The applicant shall, in respect of the subject matter of the product incorporating the design which is in need of protection, submit the relevant drawings or photographs. |
Rule 30 The applicant shall, in respect of the subject matter of the product incorporating the design which is in need of protection, submit the relevant drawings or photographs.
Where an application for a patent for partial design is filed, figure(s) showing the entire product shall be prepared and submitted, with dotted lines combined with solid lines or other means specifying the scope of protection.
Where an application for a patent for design seeking concurrent protection of colors is filed, drawings or photographs in color shall be submitted.
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Rule 28 The brief explanation of application for patent for design shall indicate the title and the use of the product incorporating the design, the essential feature of the design, and designate a drawing or photograph capable of best showing the essential feature of the design. Where a view of the product incorporating the design is omitted or where concurrent protection for color is claimed, it shall be indicated in the brief explanation.
Where an application for patent for design is filed for two or more similar designs incorporated in the same product, one of these designs shall be indicated as the main design in the brief explanation.
The brief explanation shall not contain any commercial advertising and shall not be used to indicate the function of the product. |
Rule 31 The brief explanation of application for patent for design shall indicate the title and the use of the product incorporating the design, the essential feature of the design, and designate a drawing or photograph capable of best showing the essential feature of the design. Where a view of the product incorporating the design is omitted or where concurrent protection for color is claimed, it shall be indicated in the brief explanation.
Where an application for patent for design is filed for two or more similar designs incorporated in the same product, one of these designs shall be indicated as the main design in the brief explanation.
Where an application for a patent for partial design is filed, the protected parts shall be clearly specified in the brief description, unless the scope of protection is identified by dotted lines combined with solid lines in the figure(s) showing the entire product.
The brief explanation shall not contain any commercial advertising nor indicate the function of the product.
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Rule 29 Where the Patent Administration Department under the State Council deems necessary, it may require the applicant for a patent for design to submit a sample or model of the product incorporating the design. The volume of the sample or model submitted shall not exceed 30cm x 30cm x 30cm, and its weight shall not surpass 15 kilograms. Articles that are easy to get rotten or broken or articles that are dangerous shall not be submitted as sample or model. |
Rule 32 Where the Patent Administration Department under the State Council deems necessary, it may require the applicant for a patent for design to submit a sample or model of the product incorporating the design. The volume of the sample or model submitted shall not exceed 30cm x 30cm x 30cm, and its weight shall not surpass 15 kilograms. Articles that are easy to get rotten or broken or articles that are dangerous shall not be submitted as sample or model.
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Rule 30 The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (1) of the Patent Law means the international exhibition that is registered with or recognized by the International Exhibitions Bureau as stipulated by the International Exhibitions Convention.
The academic or technological meeting referred to in Article 24, subparagraph (2) of the Patent Law means any academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or technological association.
Where any invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (l) or (2) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents
Where any invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (3) of the Patent Law, the Patent Administration Department under the State Council may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit.
Where the applicant fails to make a declaration and submit certifying documents as required in paragraph three of this Rule, or fails to submit certifying documents within the specified time limit as required in paragraph four of this Rule, the provisions of Article 24 of the Patent Law shall not apply to the application. |
Rule 33 The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (2) of the Patent Law means the international exhibition that is registered with or recognized by the International Exhibitions Bureau as stipulated by the International Exhibitions Convention.
The academic or technological meeting referred to in Article 24, subparagraph (3) of the Patent Law means any academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or technological association or organized by an international organization that is recognized by a competent department concerned of the State Council.
Where any invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents, stating the fact that the invention-creation was exhibited or published and with the date of its exhibition or publication.
Where any invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (1) or (4) of the Patent Law, the Patent Administration Department under the State Council may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit.
Where the applicant fails to make a declaration and submit certifying documents as required in paragraph three of this Rule, or fails to submit certifying documents within the specified time limit as required in paragraph four of this Rule, the provisions of Article 24 of the Patent Law shall not apply to the application.
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Rule 31 Where an applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copy of the earlier application documents submitted by the applicant shall be certified by the authority with which the earlier application was filed. Where, in accordance with the agreement between the Patent Administration Department under the State Council and the said authority, the Patent Administration Department under the State Council obtains a copy of the earlier application documents through electronic transmission or in any other manner, the copy of the earlier application documents certified by the authority shall be deemed to have been submitted by the applicant. Where the right of domestic priority is claimed, if the date of filing and the filing number of the earlier application are indicated in the request by the applicant, the copy of the earlier application documents shall be deemed to have been submitted.
Where such one or two items as the date of filing, the filing number of the earlier application or the title of the authority with which the earlier application was filed are missing or incorrect in the request when claiming for right of priority, the Patent Administration Department under the State Council shall notify the applicant to make rectification within the specified time limit. Where the applicant fails to make the rectification within the time limit, the right of priority shall be deemed not to have been claimed.
Where the name or title of the applicant who claims the right of priority is not the same as the one recorded in the copy of the earlier application, the applicant shall submit document certifying the assignment of right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed.
Where any applicant claims a right of foreign priority for patent |
Rule 34 Where an applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copy of the earlier application documents submitted by the applicant shall be certified by the authority with which the earlier application was filed. Where, in accordance with the agreement between the Patent Administration Department under the State Council and the said authority, the Patent Administration Department under the State Council obtains a copy of the earlier application documents through electronic transmission or in any other manner, the copy of the earlier application documents certified by the authority shall be deemed to have been submitted by the applicant. Where the right of domestic priority is claimed, if the date of filing and the filing number of the earlier application are indicated in the request by the applicant, the copy of the earlier application documents shall be deemed to have been submitted.
Where such one or two items as the date of filing, the filing number of the earlier application or the title of the authority with which the earlier application was filed are missing or incorrect in the request when claiming for right of priority, the Patent Administration Department under the State Council shall notify the applicant to make rectification within the specified time limit. Where the applicant fails to make the rectification within the time limit, the right of priority shall be deemed not to have been claimed.
Where the name or title of the applicant who claims the right of priority is not the same as the one recorded in the copy of the earlier application, the applicant shall submit document certifying the assignment of right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed.
Where any applicant claims a right of foreign priority for patent for design, and no brief explanation of the design was contained in the earlier application, he or it will not be adversely affected as for enjoying the right of priority if the brief explanation submitted by the applicant in accordance with the provisions of Rule 31 of these Regulations does not go beyond the scope as shown in the drawings or photographs of the earlier application.
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Rule 32 An applicant may claim one or more priorities for an application for a patent; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date.
Where an applicant claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. However, when the later application is filed, if the subject matter of the earlier application falls under any of the following, it may not be taken as the basis for claiming domestic priority: (1) where the applicant has claimed foreign or domestic priority; (2) where it has been granted a patent right; (3) where it is the subject matter of a divisional application filed as prescribed.
Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed. |
Rule 35 An applicant may claim one or more priorities for an application for a patent; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date.
Where an applicant for a patent for invention or utility model claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. Where an applicant for a patent for design claims the right of domestic priority, if the earlier application is one for a patent for invention or utility model, he or it may file an application for a patent for design for the same subject matter shown in the figures thereof; if the earlier application is one for a patent for design, he or it may file an application for a patent for design for the same subject matter. However, when the later application is filed, if the subject matter of the earlier application falls under any of the following, it may not be taken as the basis for claiming domestic priority: (1) where the applicant has claimed foreign or domestic priority; (2) where it has been granted a patent right; (3) where it is the subject matter of a divisional application filed as prescribed.
Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed, except that domestic priority is benefited for a patent application for design from an earlier application for a patent for invention or utility model.
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Rule 36 An applicant can file a request for restoring priority right within 2 months as of the time limit for claiming the priority on justifiable grounds, if he or it files an application for a patent for invention or utility model for the same subject matter beyond the time limit as set out in Article 29 of the Patent Law.
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Rule 37 Where an applicant for a patent for invention or utility model claims the priority right, he or it can file a request for adding or rectifying priority right(s) within 16 months as of priority date or 4 months as of filing date.
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Rule 33 Where an application for a patent is filed or the right of foreign priority is claimed by an applicant having no habitual residence or business office in China, the Patent Administration Department under the State Council may, when it deems necessary, require the applicant to submit the following documents: (1) if the applicant is an individual, a certificate concerning his nationality; (2) if the applicant is an enterprise or other organization, a document certifying the country or region in which it is registered; (3) a document certifying that the country, to which the foreigner, foreign enterprise or other foreign organization belongs, recognizes that Chinese entities and individuals are, under the same conditions as those applied to its nationals, entitled to the patent right, the right of priority and other related rights in that country.
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Rule 38 Where an application for a patent is filed or the right of foreign priority is claimed by an applicant having no habitual residence or business office in China, the Patent Administration Department under the State Council may, when it deems necessary, require the applicant to submit the following documents:
(1) if the applicant is an individual, a certificate concerning his nationality; (2) if the applicant is an enterprise or other organization, a document certifying the country or region in which it is registered; (3) a document certifying that the country, to which the foreigner, foreign enterprise or other foreign organization belongs, recognizes that Chinese entities and individuals are, under the same conditions as those applied to its nationals, entitled to the patent right, the right of priority and other related rights in that country. |
Rule 34 Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provisions of Article 31, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those inventions or utility models, considered as a whole, makes over the prior art. |
Rule 39 Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provisions of Article 31, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those inventions or utility models, considered as a whole, makes over the prior art.
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Rule 35 Where two or more similar designs of the same product are filed in one application in accordance with the provisions of Article 31, paragraph two of the Patent Law, the other designs of the product shall be similar to the main design indicated in the brief explanation. The number of similar designs contained in an application for patent for design shall not exceed 10.
The two or more designs belonging to the same class and sold or used in sets as referred to in Article 31, paragraph two of the Patent Law mean that, each product incorporating the design belongs to the same class in the classification of products and is customarily sold or used at the same time, and the designs incorporated in each product have the same concept of design.
Where two or more designs are filed as one application, they shall be numbered consecutively and the numbers shall precede the titles of the drawings or photographs of the product incorporating the design. |
Rule 40 Where two or more similar designs of the same product are filed in one application in accordance with the provisions of Article 31, paragraph two of the Patent Law, the other designs of the product shall be similar to the main design indicated in the brief explanation. The number of similar designs contained in an application for patent for design shall not exceed 10.
The two or more designs belonging to the same class and sold or used in sets as referred to in Article 31, paragraph two of the Patent Law mean that, each product incorporating the design belongs to the same class in the classification of products and is customarily sold or used at the same time, and the designs incorporated in each product have the same concept of design.
Where two or more designs are filed as one application, they shall be numbered consecutively and the numbers shall precede the titles of the drawings or photographs of the product incorporating the design.
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Rule 36 When withdrawing an application for a patent, the applicant shall submit to the Patent Administration Department under the State Council a declaration to that effect stating the title of the invention-creation, the filing number and the date of filing.
Where a declaration to withdraw an application for a patent is submitted after the preparations for the publication of the application document has been completed by the Patent Administration Department under the State Council, the application document shall be published as scheduled. However, the declaration withdrawing the application for patent shall be published in the next issue of the Patent Gazette. |
Rule 41 When withdrawing an application for a patent, the applicant shall submit to the Patent Administration Department under the State Council a declaration to that effect stating the title of the invention-creation, the filing number and the date of filing.
Where a declaration to withdraw an application for a patent is submitted after the preparations for the publication of the application document have been completed by the Patent Administration Department under the State Council, the application document shall be published as scheduled. However, the declaration withdrawing the application for patent shall be published in the next issue of the Patent Gazette.
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Chapter III Examination and Approval of Patent Application |
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2010 |
2023 |
Rule 37 Where any of the following events occurs, a person who makes examination or hears a case in the procedures of preliminary examination, examination as to substance, reexamination or invalidation shall, on his own initiative or upon the request of the parties concerned or any other interested person, be excluded from excising his function: (1) where he is a near relative of the party concerned or the agent of the party concerned; (2) where he has an interest in the application for patent or the patent right; (3) where he has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination and hearing. (4) where a member of the Patent Reexamination Board who has taken part in the examination of the same application. |
Rule 42 Where any of the following events occurs, a person who makes examination or hears a case in the procedures of preliminary examination, examination as to substance, reexamination or invalidation shall, on his own initiative or upon the request of the parties concerned or any other interested person, be excluded from excising his function: (1) where he is a near relative of the party concerned or the agent of the party concerned; (2) where he has an interest in the application for patent or the patent right; (3) where he has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination and hearing. (4) where in the reexamination or invalidation procedures, he has taken part in the examination of the same application.
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Rule 38 Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (drawings must be included in an application for utility model) and claims, or an application for a patent for design consisting of a request, drawings or photographs showing the design and a brief description, the Patent Administration Department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant.
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Rule 43 Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (drawings must be included in an application for utility model) and claims, or an application for a patent for design consisting of a request, drawings or photographs showing the design and a brief description, the Patent Administration Department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant.
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Rule 39 In any of the following circumstances, the Patent Administration Department under the State Council shall refuse to accept the application and notify the applicant accordingly: (1) where the application for a patent for invention or utility model does not contain a request, a description (the description of utility model does not contain drawings) or claims, or the application for a patent for design does not contain a request, drawings or photographs, or brief description; (2) where the application is not written in Chinese; (3) (4) where the request does not contain the name or title of the applicant, or does not contain the address of the applicant; (5) where the application is obviously not in conformity with the provisions of Article 18, or of Article l9, paragraph one of the Patent Law; (6) where the kind of protection (patent for invention, utility model or design) of the application for a patent is not clear and definite or cannot be ascertained.
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Rule 44 In any of the following circumstances, the Patent Administration Department under the State Council shall refuse to accept the application and notify the applicant accordingly: (1) where the application for a patent for invention or utility model does not contain a request, a description (the description of utility model does not contain drawings) or claims, or the application for a patent for design does not contain a request, drawings or photographs, or brief description; (2) where the application is not written in Chinese; (3) the format of the application documents does not comply with the provisions;
(4) where the request does not contain the name or title of the applicant, or does not contain the address of the applicant; (5) where the application is obviously not in conformity with the provisions of Article 17, or of Article 18, paragraph one of the Patent Law; (6) where the kind of protection (patent for invention, utility model or design) of the application for a patent is not clear and definite or cannot be ascertained.
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Rule 45 Where an application for a patent for invention or utility model lacks or wrongly submits the claim or specification or part of the claim or specification, but the applicant claims the right of priority on the date of filing, it may incorporate the missing or correct parts by reference to the earlier application documents within 2 months from the date of filing or within the time limit specified by the Patent Administration Department under the State Council. If the incorporation by reference satisfies the relevant provisions, the filing date of the initial submission of the documents shall be the application date.
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Rule 40 Where the description states that it contains explanatory notes to the drawings but the drawings or part of them are missing, the applicant shall, within the time limit specified by the Patent Administration Department under the State Council, either furnish the drawings or make a declaration to delete the explanatory notes. If the drawings are submitted later, the date of their delivery at, or mailing to the Patent Administration Department under the State Council shall be deemed as the date of filing the application; if the explanatory notes to the drawings are deleted, the original date of filing shall be retained. |
Rule 46 Where the description states that it contains explanatory notes to the drawings but the drawings or part of them are missing, the applicant shall, within the time limit specified by the Patent Administration Department under the State Council, either furnish the drawings or make a declaration to delete the explanatory notes. If the drawings are submitted later, the date of their delivery at, or mailing to the Patent Administration Department under the State Council shall be deemed as the date of filing the application; if the explanatory notes to the drawings are deleted, the original date of filing shall be retained.
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Rule 41 (Original Rule 13) If two or more applicants apply separately on the same day (the filing date, or the priority date if available) for a patent on the same invention-creation, the patents shall upon being informed by the Patent Department under the State Council, on its own initiative, negotiate with each other to ascertain the applicant.
Where an applicant files an application for a utility model patent and invention patent for the same invention-creation on the same day (the filing date), the applicant shall declare that he or it has applied for the other patent for the same invention-creation. Without such a declaration, the Article 9, paragraph one of the Patent Law shall apply, i.e only one patent can be granted for a same invention.
The Patent Department under the State Council, when announces the grant of patent for a utility model, shall also announce that the applicant has made the declaration that an invention patent has concurrently been applied for as stated in the paragraph 2 of this Rule.
If no reason of objection was found during the examination of a patent application, the applicant shall be notified by the Patent Department under the State Council to declare within prescribed time limit to give up the utility model patent right. Where the applicant makes such a declaration, the Patent Department under the State Council shall make a decision to grant the applicant the invention patent, and announce this declaration while announcing the grant of invention patent; where an applicant refuses to give up the utility model patent right, the Patent Department shall deny the application for invention patent; where the applicant does not reply within the prescribed time limit, the application for an invention patent shall be deemed withdrawn.
The utility model patent right is terminated upon the date of announcing the grant of the invention patent. |
Rule 47 (Original Rule 13) If two or more applicants apply separately on the same day (the filing date, or the priority date if available) for a patent on the same invention-creation, the patents shall upon being informed by the Patent Department under the State Council, on its own initiative, negotiate with each other to ascertain the applicant.
Where an applicant files an application for a utility model patent and invention patent for the same invention-creation on the same day (the filing date), the applicant shall declare that he or it has applied for the other patent for the same invention-creation. Without such a declaration, the Article 9, paragraph one of the Patent Law shall apply, i.e only one patent can be granted for a same invention.
The Patent Department under the State Council, when announces the grant of patent for a utility model, shall also announce that the applicant has made the declaration that an invention patent has concurrently been applied for as stated in the paragraph two of this Rule.
If no reason of objection was found during the examination of a patent application, the applicant shall be notified by the Patent Department under the State Council to declare within prescribed time limit to give up the utility model patent right. Where the applicant makes such a declaration, the Patent Department under the State Council shall make a decision to grant the applicant the invention patent, and announce this declaration while announcing the grant of invention patent; where an applicant refuses to give up the utility model patent right, the Patent Department shall deny the application for invention patent; where the applicant does not reply within the prescribed time limit, the application for an invention patent shall be deemed withdrawn.
The utility model patent right is terminated upon the date of announcing the grant of the invention patent.
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Rule 42 Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided for in Rule 54, paragraph one of these Implementing Regulations, submit to the Patent Administration Department under the State Council a divisional application. However, where an application for patent has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed.
If the Patent Administration Department under the State Council finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law or of Rule 34 or 35 of these Implementing Regulations, it shall invite the applicant to amend the application within a specified time limit; if the applicant fails to make any response after the expiration of the specified time limit, the application shall be deemed to have been withdrawn.
The divisional application may not change the kind of protection of the initial application.
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Rule 48 Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided for in Rule 60, paragraph one of these Implementing Regulations, submit to the Patent Administration Department under the State Council a divisional application. However, where an application for patent has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed.
If the Patent Administration Department under the State Council finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law or of Rule 39 or 40 of these Implementing Regulations, it shall invite the applicant to amend the application within a specified time limit; if the applicant fails to make any response after the expiration of the specified time limit, the application shall be deemed to have been withdrawn.
The divisional application may not change the kind of protection of the initial application.
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Rule 43 A divisional application filed in accordance with Rule 42 of these Implementing Regulations shall be entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application.
The divisional application shall go through all the procedures in accordance with the provisions of the Patent Law and these Implementing Regulations.
The filing number and the date of filing of the initial application shall be indicated in the request for a divisional application.
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Rule 49 A divisional application filed in accordance with Rule 48 of these Implementing Regulations shall be entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application.
The divisional application shall go through all the procedures in accordance with the provisions of the Patent Law and these Implementing Regulations.
The filing number and the date of filing of the initial application shall be indicated in the request for a divisional application.
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Rule 44 "Preliminary examination" referred to in Articles 34 and 40 of the Patent Law means the check of an application for a patent to see whether or not it contains the documents as provided for in Articles 26 or 27 of the Patent Law and other necessary documents, and whether or not those documents are in the prescribed form; such check shall also include the following:
(1) Whether or not an application for a patent for invention obviously falls under Articles 5 or 25 of the Patent Law, or is not in conformity with the provisions of Article 18 or of Article 19, paragraph one, or Article 20, paragraph one of the Patent Law, or Rule 16, or Rule 26, paragraph two of this Implementing Rules, or is obviously not in conformity with the provisions of Article 2 paragraph two, or Article 26, paragraph five, or Article 31, paragraph one, or Article 33 of the Patent Law, or of Rule 17 to Rule 21 of these Implementing Regulations;
(2) whether or not an application for a patent for utility model obviously falls under Article 5 or 25 of the Patent Law, or is not in conformity with the provisions of Article 18 or of Article 19, paragraph one, or Article 20, paragraph one of the Patent Law, or Rule 16 to 19, or Rule 21 to 23 of these Implementing Rules, or is obviously not in conformity with the provisions of Article 2, paragraph 3 or Article 22,
(3) whether or not an application for a patent for design obviously falls under Article 5, or Article 25, paragraph one, Subparagraph 6 of the Patent Law, or is not in conformity with the provisions of Article l8 or of Article 19, paragraph one of the Patent Law, or with the provisions of Rule 16, Rule 27, Rule 28 of these Implementing Rules, or is obviously not in conformity with the provisions of Article 2, paragraph four, or of Article 23, paragraph one, or Article 27, paragraph two, or Article 31, paragraph two, or Article 33 of the Patent Law, or of Rule 43, paragraph one of these Implementing Regulations, or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law.
(4) whether or not the application documents comply with the provisions of Rule 2 and Rule 3, paragraph one of the Implementing Regulations.
The Patent Administration Department under the State Council shall notify the applicant of its opinions and require the applicant to state the observations or to correct the application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made the observations or the corrections, the Patent Administration Department under the State Council finds that the application is still not in conformity with the provisions of the preceding subparagraphs, the application shall be rejected. |
Rule 50 "Preliminary examination" referred to in Articles 34 and 40 of the Patent Law means the check of an application for a patent to see whether or not it contains the documents as provided for in Articles 26 or 27 of the Patent Law and other necessary documents, and whether or not those documents are in the prescribed form; such check shall also include the following:
(1) Whether or not an application for a patent for invention obviously falls under Articles 5 or 25 of the Patent Law, or is not in conformity with the provisions of Article 17 or of Article 18, paragraph one, or Article 19, paragraph one of the Patent Law, or Rule 11, Rule 19, or Rule 29, paragraph two of the Implementing Rules, or is obviously not in conformity with the provisions of Article 2 paragraph two, or Article 26, paragraph five, or Article 31, paragraph one, or Article 33 of the Patent Law, or of Rule 20 to Rule 24 of these Implementing Regulations;
(2) whether or not an application for a patent for utility model obviously falls under Article 5 or 25 of the Patent Law, or is not in conformity with the provisions of Article 17 or of Article 18, paragraph one, or Article 19, paragraph one of the Patent Law, or Rule 11, Rule 19 to 22, or Rule 24 to 26 of these Implementing Rules, or is obviously not in conformity with the provisions of Article 2, paragraph three or Article 22, or Article 26, paragraph three or Article 26, paragraph four, or of Article 31, paragraph one, or of Article 33 of the Patent Law, or of Rule 23, or of Rule 49, paragraph one of these Implementing Regulations, or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(3) whether or not an application for a patent for design obviously falls under Article 5, or Article 25, paragraph one, subparagraph (6) of the Patent Law, or is not in conformity with the provisions of Article 17 or of Article 18, paragraph one of the Patent Law, or with the provisions of Rule 11, Rule 19, Rule 30, Rule 31 of these Implementing Rules, or is obviously not in conformity with the provisions of Article 2, paragraph four, or of Article 23, paragraph one, or Article 23, paragraph two, or Article 27, paragraph two, or Article 31, paragraph two, or Article 33 of the Patent Law, or of Rule 49, paragraph one of these Implementing Regulations, or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law.
(4) whether or not the application documents comply with the provisions of Rule 2 and Rule 3, paragraph one of the Implementing Regulations.
The Patent Administration Department under the State Council shall notify the applicant of its opinions and require the applicant to state the observations or to correct the application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made the observations or the corrections, the Patent Administration Department under the State Council finds that the application is still not in conformity with the provisions of the preceding subparagraphs, the application shall be rejected. |
Rule 45 Apart from the application for patent, any document relating to the patent application which is submitted to the Patent Administration Department under the State Council, shall, in any of the following circumstances, be deemed not to have been submitted:
(1) where the document is not presented in the prescribed form or the indications therein are not in conformity with the prescriptions;
(2) where no certifying document is submitted as prescribed.
The Patent Administration Department under the State Council shall notify the applicant of its opinion after checking that the document is deemed not to have been submitted.
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Rule 51 Apart from the application for patent, any document relating to the patent application which is submitted to the Patent Administration Department under the State Council, shall, in any of the following circumstances, be deemed not to have been submitted:
(1) where the document is not presented in the prescribed form or the indications therein are not in conformity with the prescriptions;
(2) where no certifying document is submitted as prescribed.
The Patent Administration Department under the State Council shall notify the applicant of its opinion after checking that the document is deemed not to have been submitted.
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Rule 46 Where the applicant requests an earlier publication of its or his application for a patent for invention, a statement shall be made to the Patent Administration Department under the State Council. The Patent Administration Department under the State Council shall, after preliminary examination of the application, publish it immediately, unless it is to be rejected.
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Rule 52 Where the applicant requests an earlier publication of its or his application for a patent for invention, a statement shall be made to the Patent Administration Department under the State Council. The Patent Administration Department under the State Council shall, after preliminary examination of the application, publish it immediately, unless it is to be rejected.
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Rule 47 The applicant shall, when indicating the product incorporating the design and the class to which that product belongs, refer to the classification of products for designs published by the Patent Administration Department under the State Council. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the Patent Administration Department under the State Council shall supply the indication or correct it.
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Rule 53 The applicant shall, when indicating the product incorporating the design and the class to which that product belongs, refer to the classification of products for designs published by the Patent Administration Department under the State Council. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the Patent Administration Department under the State Council shall supply the indication or correct it.
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Rule 48 Any person may, from the date of publication of an application for a patent for invention till the date of announcing the grant of the patent right, submit to the Patent Administration Department under the State Council his observations, with reasons therefor, on the application which is not in conformity with the provisions of the Patent Law. |
Rule 54 Any person may, from the date of publication of an application for a patent for invention till the date of announcing the grant of the patent right, submit to the Patent Administration Department under the State Council his observations, with reasons therefor, on the application which is not in conformity with the provisions of the Patent Law.
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Rule 49 Where the applicant for a patent for invention cannot furnish, for justified reasons, the documents concerning any search or results of any examination specified in Article 36 of the Patent Law, it or he shall make a statement to the Patent Administration Department under the State Council and submit them when the said documents are available. |
Rule 55 Where the applicant for a patent for invention cannot furnish, for justified reasons, the documents concerning any search or results of any examination specified in Article 36 of the Patent Law, it or he shall make a statement to the Patent Administration Department under the State Council and submit them when the said documents are available.
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Rule 50 The Patent Administration Department under the State Council shall, when proceeding on its own initiative to examine an application for a patent in accordance with Article 35, paragraph two of the Patent Law, notify the applicant accordingly.
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Rule 56 The Patent Administration Department under the State Council shall, when proceeding on its own initiative to examine an application for a patent in accordance with Article 35, paragraph two of the Patent Law, notify the applicant accordingly.
The applicant may make a request for deferring the examination of the patent application.
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Rule 51 When a request for examination as to substance is made, and when, within the time limit of three months after the receipt of the notification of the Patent Administration Department under the State Council that, the application has entered into examination as to substance, the applicant for a patent for invention may amend the application on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application on its or his own initiative.
Where the applicant amends the application after receiving the notification of opinions of the examination as to substance of the Patent Administration Department under the State Council, he or it shall amend the defects as pointed out in the notification.
The Patent Administration Department under the State Council may, on its own initiative, correct the obvious clerical mistakes and symbol mistakes in the documents of application for a patent. Where the Patent Administration Department under the State Council corrects mistakes on its own initiative, it shall notify the applicant.
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Rule 57 When a request for examination as to substance is made, and when, within the time limit of three months after the receipt of the notification of the Patent Administration Department under the State Council that, the application has entered into examination as to substance, the applicant for a patent for invention may amend the application on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application on its or his own initiative.
Where the applicant amends the application after receiving the notification of opinions of the examination as to substance of the Patent Administration Department under the State Council, he or it shall amend the defects as pointed out in the notification.
The Patent Administration Department under the State Council may, on its own initiative, correct the obvious clerical mistakes and symbol mistakes in the documents of application for a patent. Where the Patent Administration Department under the State Council corrects mistakes on its own initiative, it shall notify the applicant.
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Rule 52 When an amendment to the description or the claims in an application for a patent for invention or utility model is made, a replacement sheet in prescribed form shall be submitted, unless the amendment concerns only the alteration, insertion or deletion of a few words. Where an amendment to the drawings or photographs of an application for a patent for design is made, a replacement sheet shall be submitted as prescribed.
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Rule 58 When an amendment to the description or the claims in an application for a patent for invention or utility model is made, a replacement sheet in prescribed form shall be submitted, unless the amendment concerns only the alteration, insertion or deletion of a few words. Where an amendment to the drawings or photographs of an application for a patent for design is made, a replacement sheet shall be submitted as prescribed.
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Rule 53 In accordance with the provisions of Article 38 of the Patent Law, the circumstances where an application for a patent for invention shall be rejected by the Patent Administration Department under the State Council after examination as to substance are as follows:
(1) Where the application falls under the provisions of Article 5 or 25 of the Patent Law, or the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law.
(2) Where the application does not comply with the provisions of Article 2, paragraph two, or Article 20, paragraph one, Article 22, Article 26, paragraph three or four or five, or Article 31, paragraph one of the Patent Law, or of Rule 20, paragraph two of these Implementing Regulations;
(3) Where the amendment to the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Rule 43, paragraph one of the Implementing Regulations.
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Rule 59 In accordance with the provisions of Article 38 of the Patent Law, the circumstances where an application for a patent for invention shall be rejected by the Patent Administration Department under the State Council after examination as to substance are as follows:
(1) Where the application falls under the provisions of Article 5 or 25 of the Patent Law, or the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law.
(2) Where the application does not comply with the provisions of Article 2, paragraph two, or Article 19, paragraph one, Article 22, Article 26, paragraph three, Article 26, paragraph four, Article 26, paragraph five, or Article 31, paragraph one of the Patent Law, or of Rule 11, of Rule 23, paragraph two of these Implementing Regulations;
(3) Where the amendment to the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Rule 49, paragraph one of the Implementing Regulations.
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Rule 54 After the Patent Administration Department under the State Council issues the notification to grant the patent right, the applicant shall go through the procedures of registration within two months from the date of receipt of the notification. If the applicant completes the procedures of registration within the said time limit, the Patent Administration Department under the State Council shall grant the patent right, issue the patent certificate and announce it.
If the applicant does not go through the procedures of registration within the time limit, he or it shall be deemed to have abandoned its or his right to obtain the patent right.
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Rule 60 After the Patent Administration Department under the State Council issues the notification to grant the patent right, the applicant shall go through the procedures of registration within two months from the date of receipt of the notification. If the applicant completes the procedures of registration within the said time limit, the Patent Administration Department under the State Council shall grant the patent right, issue the patent certificate and announce it.
If the applicant does not go through the procedures of registration within the time limit, he or it shall be deemed to have abandoned its or his right to obtain the patent right.
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Rule 55 If no reason for rejection was found after the examination of an application for a confidential patent, the Patent Department under the State Council shall issue a decision to grant the confidential patent, issue the confidential patent certificate, and register related items to the confidentiality patent.
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Rule 61 If no reason for rejection was found after the examination of an application for a confidential patent, the Patent Department under the State Council shall issue a decision to grant the confidential patent, issue the confidential patent certificate, and register related items to the confidentiality patent.
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Rule 56 After the announcement of the decision to grant a patent for utility model or for a design, the patentee or any other interested person of the said patent as described in Article 60 of the Patent Law may request the Patent Administration Department under the State Council to make an evaluation report on the patent.
Where such person requests for an evaluation report on the patent, he shall submit a request, indicating the patent number of the said patent. Each request shall be limited for one patent.
Where a request for an evaluation report on a patent does not comply with relevant provisions, the Patent Department under the State Council shall inform the applicant to make corrections within prescribed time limit; if the applicant does not submit any amendment or corrections after the expiration of the due date, his request shall be deemed not having been submitted.
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Rule 62 After the announcement of the decision to grant a patent for utility model or for a design, the patentee or any other interested person of the said patent or the accused infringer, as described in Article 66 of the Patent Law may request the Patent Administration Department under the State Council to make an evaluation report on the patent. The applicant may request the Patent Administration Department under the State Council to make an evaluation report on the patent when going through the patent registration procedures.
Where such person requests for an evaluation report on the patent, he shall submit a request, indicating the patent application number or patent number of the said patent. Each request shall be limited for one patent application or patent.
Where a request for an evaluation report on a patent does not comply with relevant provisions, the Patent Department under the State Council shall inform the applicant to make corrections within prescribed time limit; if the applicant does not submit any amendment or corrections after the expiration of the due date, his request shall be deemed not having been submitted.
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Rule 57 The Patent Department under the State Council shall make the evaluation report on a patent within 2 months after a request for such report is received. If more than one request was made for such an evaluation report on the same patent for utility model or design, the Patent Department under the State Council shall only issue one evaluation report on the patent. Any entity or individual is entitled to view or make copies of said evaluation report on a patent.
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Rule 63 The Patent Department under the State Council shall make the evaluation report on a patent within 2 months after a request for such report is received. However, if the applicant requests to make a patent evaluation report when going through the patent registration procedures, the Patent Administration Department under the State Council shall make a patent evaluation report within 2 months from the date of the announcement of granting the patent.
If more than one request was made for such an evaluation report on the same patent for utility model or design, the Patent Department under the State Council shall only issue one evaluation report on the patent. Any entity or individual is entitled to view or make copies of said evaluation report on a patent.
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Rule 58 The Patent Administration Department under the State Council shall correct promptly the errors in the patent announcements or Patent Offprint once they are discovered, and the corrections shall be announced.
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Rule 64 The Patent Administration Department under the State Council shall correct promptly the errors in the patent announcements or Patent Offprint once they are discovered, and the corrections shall be announced.
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Chapter IV Reexamination of Patent Application and Invalidation of Patent Right |
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2010 |
2023 |
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Rule 60 (Incorporating original Rule 59) Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance with the provisions of Article 41 of the Patent Law, it or he shall file a request for reexamination, state the reasons and, when necessary, attach the relevant supporting documents.
Where the request for reexamination does not comply with the provisions of Article 19, paragraph one or of Article 41, paragraph one of the Patent Law, the Patent Reexamination Board shall refuse to accept the request, notify the applicant in writing with the reason for refusal.
Where the request for reexamination does not comply with the prescribed form, the person making the request shall rectify it within the time limit fixed by the Patent Reexamination Board. If the requesting person fails to meet the time limit for making rectification, the request for reexamination shall be deemed not to have been filed. |
Rule 65 Where the applicant requests the Patent Administration Department under the State Council to make a reexamination in accordance with the provisions of Article 41 of the Patent Law, it or he shall file a request for reexamination, state the reasons and, when necessary, attach the relevant supporting documents.
Where the request for reexamination does not comply with the provisions of Article 18, paragraph one or of Article 41, paragraph one of the Patent Law, the Patent Administration Department under the State Council shall refuse to accept the request, notify the applicant in writing with the reason for refusal.
Where the request for reexamination does not comply with the prescribed form, the person making the request shall rectify it within the time limit fixed by the Patent Administration Department under the State Council. If the requesting person fails to meet the time limit for making rectification, the request for reexamination shall be deemed not to have been filed.
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Rule 61 The person making the request may amend its or his application at the time when it or he requests reexamination or makes responses to the notification of reexamination of the Patent Reexamination Board. However, the amendments shall be limited only to remove the defects pointed out in the decision of rejection of the application, or in the notification of reexamination.
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Rule 66 The person making the request may amend its or his application at the time when it or he requests reexamination or makes responses to the notification of reexamination of the Patent Administration Department under the State Council. However, the amendments shall be limited only to remove the defects pointed out in the decision of rejection of the application, or in the notification of reexamination.
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Rule 63 Where, after reexamination, the Patent Reexamination Board finds that the request does not comply with the provisions of the Patent Law and the Implementing Regulations; it shall require the person requesting reexamination to submit his observations within a specified time limit. If no response is made within that time limit, the request for reexamination shall be deemed to have been withdrawn. Where, after the requesting person has made its observations and amendments, the Patent Reexamination Board still finds that the request does not comply with the provisions of the Patent Law and these Implementing Regulations, it shall make a decision of reexamination to maintain the earlier decision that rejected the application.
Where, after reexamination, the Patent Reexamination Board finds that the decision rejecting the application does not comply with the provisions of the Patent Law and these Implementing Regulations, or that the amended application has removed the defects as pointed out by the decision rejecting the application, it shall make a decision to revoke the earlier decision that rejected the application, and
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Rule 67 Where, after reexamination, the Patent Administration Department under the State Council finds that the request does not comply with the provisions of the Patent Law and the Implementing Regulations, or the patent application has other obvious violations of the relevant provisions of the Patent Law and these Rules; it shall require the person requesting reexamination to submit his observations within a specified time limit. If no response is made within that time limit, the request for reexamination shall be deemed to have been withdrawn. Where, after the requesting person has made its observations and amendments, the Patent Administration Department under the State Council still finds that the request does not comply with the provisions of the Patent Law and these Implementing Regulations, it shall make a decision of reexamination to reject the request for reexamination.
Where, after reexamination, the Patent Administration Department under the State Council finds that the decision rejecting the application does not comply with the provisions of the Patent Law and these Implementing Regulations, or that the amended application has removed the defects as pointed out by the decision rejecting the application and the notice on reexamination, it shall make a decision to revoke the earlier decision that rejected the application, and continue the examination procedure.
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Rule 64 At any time before the Patent Reexamination Board makes its decision on the request for reexamination, the requesting person may withdraw his request for reexamination.
Where the requesting person withdraws his request for reexamination before the Patent Reexamination Board renders its decision, the procedure of reexamination shall terminate.
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Rule 68 At any time before the Patent Administration Department under the State Council makes its decision on the request for reexamination, the requesting person may withdraw his request for reexamination.
Where the requesting person withdraws his request for reexamination before the Patent Administration Department under the State Council renders its decision, the procedure of reexamination shall terminate.
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Rule 65 Anyone requesting invalidation or part invalidation of a patent right in accordance with the Article 45 of the Patent Law shall submit a written request and necessary evidence in duplicate. The request for invalidation shall state in detail the grounds for filing the request, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based.
“The grounds on which the request for invalidation is based”, referred to in the preceding paragraph, means that the patented invention-creation does not comply with Article 2, Article 20, paragraph one, Article 22, Article 23, or Article 26, paragraph three or four, Article 27, paragraph two or Article 33 of the Patent Law, or Rule 20, paragraph two, Rule 43, paragraph one of the Implementing Regulations; or the invention-creation falls under the provisions of Articles 5 or 25 of the Patent Law; or the applicant is not entitled to be granted the patent right in accordance with Article 9 of the Patent Law.
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Rule 69 Anyone requesting invalidation or part invalidation of a patent right in accordance with the Article 45 of the Patent Law shall submit a written request and necessary evidence in duplicate to the Patent Administration Department under the State Council. The request for invalidation shall state in detail the grounds for filing the request, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based.
“The grounds on which the request for invalidation is based”, referred to in the preceding paragraph, means that the patented invention-creation does not comply with Article 2, Article 19, paragraph one, Article 22, Article 23, or Article 26, paragraph three, Article 26, paragraph four, Article 27, paragraph two or Article 33 of the Patent Law, or Rule 11, Rule 23, paragraph two, Rule 49, paragraph one of the Implementing Regulations; or the invention-creation falls under the provisions as prescribed in Articles 5 or 25 of the Patent Law; or the applicant is not entitled to be granted the patent right in accordance with Article 9 of the Patent Law.
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Rule 66 Where a request for invalidation does not comply with Article 19, paragraph one of the Patent Law, or Rule 65 of these Implementing Regulations, the Patent Reexamination Board shall not accept it.
Where another invalidation request is made on the same grounds and with the same evidence after the Patent Re-examination Board has rendered a decision on an invalidation request, the Patent Reexamination Board shall not accept it.
Where a request for invalidation of a design patent is based on the ground of being not consistent with Article 23, paragraph 3 of the Patent Law, but no evidence for conflicts of rights is submitted, the Patent Reexamination Board shall not accept it.
Where the request for invalidation of the patent right does not comply with the prescribed form, the requesting party shall rectify it within the time limit specified by the Patent Reexamination Board. If the rectification fails to be made within the time limit, the request for invalidation shall be deemed having not been made.
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Rule 70 Where a request for invalidation does not comply with Article 18, paragraph one of the Patent Law, or Rule 69 of these Implementing Regulations, the Patent Administration Department under the State Council shall not accept it.
Where another invalidation request is made on the same grounds and with the same evidence after the Patent Administration Department under the State Council has rendered a decision on an invalidation request, the Patent Administration Department under the State Council shall not accept it.
Where a request for invalidation of a design patent is based on the ground of being not consistent with Article 23, paragraph three of the Patent Law, but no evidence for conflicts of rights is submitted, the Patent Administration Department under the State Council shall not accept it.
Where the request for invalidation of the patent right does not comply with the prescribed form, the requesting party shall rectify it within the time limit specified by the Patent Administration Department under the State Council. If the rectification fails to be made within the time limit, the request for invalidation shall be deemed having not been made.
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Rule 67 After a request for invalidation is accepted by the Patent Reexamination Board, the person making the request may add reasons or supplement evidence within one month from the date when the request for invalidation is submitted. Additional reasons or supplementary evidence submitted after the specified time limit may be disregarded by the Patent Reexamination Board.
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Rule 71 After a request for invalidation is accepted by the Patent Administration Department under the State Council, the person making the request may add reasons or supplement evidence within one month from the date when the request for invalidation is submitted. Additional reasons or supplementary evidence submitted after the specified time limit may be disregarded by the Patent Administration Department under the State Council.
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Rule 68 The Patent Reexamination Board shall send duplicates of the request for invalidation of a patent right and the relevant documents to the patentee and invite it or him to state its or his observations within a specified time limit.
The patentee and the person making request for invalidation shall, within the specified time limit, make responses to the notice concerning documents transmission or the notice concerning the examination of an invalidation request issued by the Patent Reexamination Board. Failure to respond within the time limit shall not affect the hearing by the Patent Re-examination Board.
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Rule 72 The Patent Administration Department under the State Council shall send duplicates of the request for invalidation of a patent right and the relevant documents to the patentee and invite it or him to state its or his observations within a specified time limit.
The patentee and the person making request for invalidation shall, within the specified time limit, make responses to the notice concerning documents transmission or the notice concerning the examination of an invalidation request issued by the Patent Administration Department under the State Council. Failure to respond within the time limit shall not affect the hearing by the Patent Administration Department under the State Council.
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Rule 69 In the course of the examination of the invalidation request, the patentee for the invention or utility model patent may amend its or his claims, but may not broaden the original scope of patent protection.
The patentee for an invention or utility model patent may not amend its or his description or drawings. The patentee for a design patent may not amend its or his drawings, photographs or the concise description of the design.
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Rule 73 In the course of the examination of the invalidation request, the patentee for the invention or utility model patent may amend its or his claims, but may not broaden the original scope of patent protection. If the Patent Administration Department under the State Council makes a decision to maintain the validity of the patent right or declare the patent right partially invalid based on the amended claims, the amended claims shall be announced.
The patentee for an invention or utility model patent may not amend its or his description or drawings. The patentee for a design patent may not amend its or his drawings, photographs or the concise description of the design.
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Rule 70 The Patent Reexamination Board may, at the request of the parties concerned or if required by the case, decide to conduct an oral procedure for an invalidation request.
Where the Patent Reexamination Board decides to conduct such an oral procedure for an invalidation request, it shall send notices to the parties concerned, indicating the date and place of the oral hearing. The parties concerned shall respond to the notice within the specified time limit.
Where the person requesting invalidation fails to make response to the notice of the oral procedure sent by the Patent Reexamination Board within the specified time limit, and fails to attend the oral procedure, its invalidation request shall be deemed having been withdrawn. Where the patentee fails to attend the oral procedure, the Patent Reexamination Board may proceed to examine by default.
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Rule 74 The Patent Administration Department under the State Council may, at the request of the parties concerned or if required by the case, decide to conduct an oral procedure for an invalidation request.
Where the Patent Administration Department under the State Council decides to conduct such an oral procedure for an invalidation request, it shall send notices to the parties concerned, indicating the date and place of the oral hearing. The parties concerned shall respond to the notice within the specified time limit.
Where the person requesting invalidation fails to make response to the notice of the oral procedure sent by the Patent Administration Department under the State Council within the specified time limit, and fails to attend the oral procedure, its invalidation request shall be deemed having been withdrawn. Where the patentee fails to attend the oral procedure, the Patent Administration Department under the State Council may proceed to examine by default.
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Rule 71 In the course of the examination of a request for invalidation, the time limit specified by the Patent Reexamination Board shall not be extended. |
Rule 75 In the course of the examination of a request for invalidation, the time limit specified by the Patent Administration Department under the State Council shall not be extended.
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Rule 72 The person requesting invalidation may withdraw his request before the Patent Reexamination Board renders its decision.
Where the person requesting invalidation withdraws his request or the request is deemed as having been withdrawn before the Patent Re-examination Board renders its decision, the examination of the invalidation request is terminated. However, where the Patent Reexamination Board holds that a decision of invalidation or partial invalidation of a patent right can be made based on the existing examination, the examination of invalidation shall not be terminated. |
Rule 76 The person requesting invalidation may withdraw his request before the Patent Administration Department under the State Council renders its decision.
Where the person requesting invalidation withdraws his request or the request is deemed as having been withdrawn before the Patent Administration Department under the State Council renders its decision, the examination of the invalidation request is terminated. However, where the Patent Administration Department under the State Council holds that a decision of invalidation or partial invalidation of a patent right can be made based on the existing examination, the examination of invalidation shall not be terminated.
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Chapter V Patent Term Compensation |
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2010 |
2023 |
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Rule 77 Where a request is made for compensation for the term of the patent right in accordance with the provisions of paragraph two of Article 42 of the Patent Law, the patentee shall file the request to the Patent Administration Department under the State Council within three months from the date of the announcement of granting the patent.
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Rule 78 Where compensation for the term of the patent right is given in accordance with the provisions of paragraph two of Article 42 of the Patent Law, the compensation term shall be calculated according to the actual number of days of unreasonable delay in the granting process of the invention patent.
The actual number of days of unreasonable delay in the granting process of an invention patent referred to in the preceding paragraph refers to the number of days from the expiration of 4 years from the date of application for the invention patent and the expiration of 3 years from the date of substantive examination request, up to the date of announcement of patent grant, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.
The following circumstances are reasonable delays: (1)Where a patent right is granted after the amendment of the patent application document in accordance with Rule 66, the delay caused by the re-examination procedure; (2)Delay caused by the circumstances as specified in Rules 103 and 104; (3)Delay caused by other reasonable circumstances.
Where the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day, obtaining invention patent right in accordance with paragraph four of Rule 47 of these Implementing Regulations, the term of the patent for invention shall not be subject to the provisions of paragraph two of Article 42 of the Patent Law.
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Rule 79 The following circumstances are unreasonable delays caused by the applicant as prescribed in paragraph two of Article 42 of the Patent Law: (1) Failing to reply to the notice issued by the Patent Administration Department under the State Council within the specified time limit; (2) Applying for deferment of examination; (3) Delay caused by the circumstances as specified in Rule 45; (4)Other unreasonable delays caused by the applicant.
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Rule 80 The patent for invention related to new drugs mentioned in paragraph three of Article 42 of the Patent Law refers to the patents for new drug products, the patent for preparation methods, and the patent for medical use that satisfy the requirements.
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Rule 81 A request for compensation for the term of the patent right for inventions related to a new drug in accordance with the provisions of paragraph three of Article 42 of the Patent Law shall satisfy the following requirements and be submitted to the Patent Administration Department under the State Council within three months from the date when the new drug has obtained the marketing authorization in China: (1) If there are multiple patents for the new drug at the same time, the patentee can only request compensation for the patent term of one of the patents; (2) If a patent involves multiple new drugs at the same time, only one new drug can be claimed for compensation for the patent term; (3) The patent is in good standing within the validity term, and has not been compensated for the term of the invention patent right related to new drugs.
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Rule 82 Where compensation for the term of the patent right is given in accordance with the provisions of paragraph three of Article 42 of the Patent Law, the compensation term shall be determined in compliance with the provisions of paragraph three of Article 42 of the Patent Law by subtracting 5 years from the number of days between the date of application for the patent and the date of obtaining the marketing authorization for the new drug in China.
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Rule 83 During the compensation term of the invention patent related to new drugs, the scope of protection is limited to the new drugs and the approved technical solutions related to the indications thereof; within the scope of protection, the patentee enjoys the same rights and obligations as the ones prior to the patent term compensation.
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Rule 84 The Patent Administration Department under the State Council shall, after examining the request for compensation for the term of the patent right in accordance with the provisions of paragraphs two and three of Article 42 of the Patent Law, shall make the decision to grant compensation, if it considers the conditions for compensation are met, and the decision shall be recorded and announced. If the conditions for compensation are not met, it shall decide not to grant compensation for the patent term, and notify the patentee that files the request.
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Chapter VI Special Compulsory License for Exploitation of Patent |
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2023 |
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Rule 85 Where the patentee voluntarily declares to implement the open license for his or its patent, he or it shall make a statement after the announcement of granting the patent. The open license statement shall specify the following items: (1) Patent number; (2) The name or title of the patentee; (3) Payment method and standard of patent license fees; (4) Term of patent license; (5) Other matters that need to be clarified. The content of the open license statement shall be accurate and clear, and shall not contain commercial advertising.
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Rule 86 The patentee shall not implement an open license to a patent right under any of the following circumstances: (1) The patent right is within the validity term of exclusive or sole license; (2)It falls under the circumstances of suspension specified in Rules 103 and 104; (3)Failing to pay the annual fee as required; (4)The patent right is pledged without the consent of the pledgee; (5)Other circumstances that hinder the effective implementation of the patent right.
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Rule 87 Where a patent exploitation license is obtained through open license, the patentee or licensee shall file the recordal with the Patent Administration Department under the State Council with the written documents that can prove the conclusion of the license.
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Rule 88 The patentee may not make an open license statement or benefit from the reduction or exemption of annual fees during the exploitation period of the open license by providing false materials, concealing facts or other means.
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Rule 73 “Has not sufficiently exploited his or its patent” in Article 48, subparagraph (1) of the Patent Law refers to the patentee or the licensee exploiting the patent in a manner or on a scale that fails to meet the domestic demands for the patented product or process.
“Medicine subject to patent rights” in Article 50 of the Patent Law refers to any patented product or any product directly obtained through a patented process to resolve the public health issues in the medical field, including active ingredients for the manufacture of the product and the diagnostic apparatus required for using the product. |
Rule 89 “Has not sufficiently exploited his or its patent” in Article 53, subparagraph (1) of the Patent Law refers to the patentee or the licensee exploiting the patent in a manner or on a scale that fails to meet the domestic demands for the patented product or process.
“Medicine subject to patent rights” in Article 55 of the Patent Law refers to any patented product or any product directly obtained through a patented process to resolve the public health issues in the medical field, including active ingredients for the manufacture of the product and the diagnostic apparatus required for using the product. |
Rule 74 Any entity requesting a compulsory license shall submit to the Patent Administration Department under the State Council a request for compulsory license, state the reasons therefor, and attach relevant certifying documents each.
The Patent Administration Department under the State Council shall send a copy of the request for compulsory license to the patentee, who shall make his or its observations within the time limit specified by the Patent Administration Department under the State Council. Where no response is made within the time limit, the Patent Administration Department under the State Council will not be affected in making a decision concerning a compulsory license.
Before making a decision to reject the request for compulsory license or the grant a compulsory license, the Patent Department under the State Council shall notify the applicant or patentee about the decision and its reason.
The Patent Department under the State Council shall make its decision of granting a compulsory license in accordance with the provisions of Article 50 of the Patent Law for the sake of public health in treaties that China concluded or took part in, except for those reservations made by China.
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Rule 90 Any entity requesting a compulsory license shall submit to the Patent Administration Department under the State Council a request for compulsory license, state the reasons therefor, and attach relevant certifying documents each.
The Patent Administration Department under the State Council shall send a copy of the request for compulsory license to the patentee, who shall make his or its observations within the time limit specified by the Patent Administration Department under the State Council. Where no response is made within the time limit, the Patent Administration Department under the State Council will not be affected in making a decision concerning a compulsory license.
Before making a decision to reject the request for compulsory license or the grant a compulsory license, the Patent Department under the State Council shall notify the applicant or patentee about the decision and its reason.
The Patent Department under the State Council shall make its decision of granting a compulsory license in accordance with the provisions of Article 55 of the Patent Law for the sake of public health in treaties that China concluded or took part in, except for those reservations made by China.
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Rule 75 Where any entity or individual requests, in accordance with Article 57 of the Patent Law, the Patent Administration Department under the State Council to adjudicate on the fees for exploitation, it or he shall submit a request for adjudication and furnish documents showing that the parties concerned have not been able to conclude an agreement in respect of the amount of the exploitation fee. The Patent Administration Department under the State Council shall make its adjudication within three months from the date of receipt of the request and notify the parties concerned accordingly. |
Rule 91 Where any entity or individual requests, in accordance with Article 62 of the Patent Law, the Patent Administration Department under the State Council to adjudicate on the fees for exploitation, it or he shall submit a request for adjudication and furnish documents showing that the parties concerned have not been able to conclude an agreement in respect of the amount of the exploitation fee. The Patent Administration Department under the State Council shall make its adjudication within three months from the date of receipt of the request and notify the parties concerned accordingly.
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Chapter VII Reward and Remuneration for Inventors or Creators of Service Inventions-Creations |
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Rule 76 The entity to which a patent right is granted may, on the manner and amount of the reward and remuneration as prescribed in Article 16 of the Patent Law, enter into a contract with the inventor or creator, or provide it in its rules and regulations formulated in accordance with the laws.
The reward and remuneration awarded to the inventor or creator by any enterprise or institution shall be handled in accordance with the relevant provisions of the State on financial and accounting systems.
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Rule 92 The entity to which a patent right is granted may, on the manner and amount of the reward and remuneration as prescribed in Article 15 of the Patent Law, enter into a contract with the inventor or creator, or provide it in its rules and regulations formulated in accordance with the laws. The entity to which a patent right is granted, can proactively conduct an incentive scheme for technology property rights by way of equities, options, dividends, etc., to bring the inventors or creators on reasonable shares of the innovation benefits.
The reward and remuneration awarded to the inventor or creator by any enterprise or institution shall be handled in accordance with the relevant provisions of the State on financial and accounting systems.
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Rule 77 Where the entity to which a patent right is granted has not entered into a contract with the inventor or creator on the manner and amount of the reward as prescribed in Article 16 of the Patent Law, nor has the entity provided it in its rules and regulations formulated in accordance with the laws, it shall, within three months from the date of the announcement of the grant of the patent right, award to the inventor or creator of a service invention-creation a sum of money as prize. The sum of money prize for a patent for invention shall not be less than RMB 3,000 Yuan; the sum of money prize for a patent for utility model or design shall not be less than RMB 1,000 Yuan.
Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity to which a patent right is granted shall award to him a money prize on favorable terms. |
Rule 93 Where the entity to which a patent right is granted has not entered into a contract with the inventor or creator on the manner and amount of the reward as prescribed in Article 15 of the Patent Law, nor has the entity provided it in its rules and regulations formulated in accordance with the laws, it shall, within three months from the date of the announcement of the grant of the patent right, award to the inventor or creator of a service invention-creation a sum of money as prize. The sum of money prize for a patent for invention shall not be less than RMB 4,000 Yuan; the sum of money prize for a patent for utility model or design shall not be less than RMB 1,500 Yuan.
Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity to which a patent right is granted shall award to him a money prize on favorable terms.
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Rule 78 Where the entity to which a patent right is granted has not entered into a contract with the inventor or creator on the manner and amount of the remuneration as prescribed in Article 16 of the Patent law, nor has the entity provided it in its rules and regulations in accordance with the laws, it shall |
Rule 94 Where the entity to which a patent right is granted has not entered into a contract with the inventor or creator on the manner and amount of the remuneration as prescribed in Article 15 of the Patent law, nor has the entity provided it in its rules and regulations in accordance with the laws, it shall award the proper remuneration to the inventor or creator by making reference to Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements. |
Chapter VIII Protection of Patent Right |
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2010 |
2023 |
Rule 79 |
Rule 95 The patent administrative authorities of the people's government of provinces, autonomous regions, or municipalities directly under the Central Government, or of the people's governments of prefecture level cities, autonomous prefectures, leagues, districts, and districts of municipalities directly under the central government, with both a large amount of patent administration work to attend to and the actual capability to handle patent administration work, may handle and mediate patent disputes. |
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Rule 96 Any of the following circumstances shall be considered a patent infringement dispute that has significant national impact as mentioned in Article 70 of the Patent Law: (1)Involving significant public interests; (2)Having significant impact on the development of the industry; (3)Major cases involving multiple provinces, autonomous regions, and municipalities directly under the Central Government; (4)Other circumstances that the Patent Administration Department under the State Council considers believes may have significant impact.
If the patentee or interested party requests the Patent Administration Department under the State Council to handle a patent infringement dispute, and the relevant case does not belong to a patent infringement dispute that has significant national impact, the Patent Administration Department under the State Council may designate an administrative authority for patent affairs of the local government with jurisdictional power to handle.
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Rule 81 Where any party concerned requests handling patent infringements or mediation of a patent dispute, it shall subject to the jurisdiction of the administrative authority for patent affairs where the alleged infringer is located or where the act of infringement has taken place.
Where two or more administrative authorities for patent affairs all have jurisdiction over a patent dispute, any party concerned may file his or its request with one of them to handle or mediate the matter. Where requests are filed with two or more administrative authorities for patent affairs, the administrative authority for patent affairs that first accepts the request shall have jurisdiction.
Where administrative authorities for patent affairs have a dispute over their jurisdictions, the administrative authority for patent affairs of their common higher level people's government shall designate the administrative authority for patent affairs to exercise the jurisdiction; if there is no such administrative authority for patent affairs of their common higher level people's government, the Patent Administration Department under the State Council shall designate the administrative authority for patent affairs to exercise the jurisdiction.
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Rule 97 Where any party concerned requests handling patent infringements or mediation of a patent dispute, it shall subject to the jurisdiction of the administrative authority for patent affairs where the alleged infringer is located or where the act of infringement has taken place.
Where two or more administrative authorities for patent affairs all have jurisdiction over a patent dispute, any party concerned may file his or its request with one of them to handle or mediate the matter. Where requests are filed with two or more administrative authorities for patent affairs, the administrative authority for patent affairs that first accepts the request shall have jurisdiction.
Where administrative authorities for patent affairs have a dispute over their jurisdictions, the administrative authority for patent affairs of their common higher level people's government shall designate the administrative authority for patent affairs to exercise the jurisdiction; if there is no such administrative authority for patent affairs of their common higher level people's government, the Patent Administration Department under the State Council shall designate the administrative authority for patent affairs to exercise the jurisdiction.
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Rule 82 Where, in the course of handling a patent infringement dispute, the defendant requests invalidation of the patent right and his request is accepted by the Patent Reexamination Board, he 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 defendant for the suspension are obviously untenable, it may not suspend the handling of the matter.
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Rule 98 Where, in the course of handling a patent infringement dispute, the defendant requests invalidation of the patent right and his request is accepted by the Patent Administration Department under the State Council, he 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 defendant for the suspension are obviously untenable, it may not suspend the handling of the matter.
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Rule 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 under the State Council.
Where the patent indication does not comply with the provision of the preceding paragraph, the administrative authority for patent affairs shall order to correct it.
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Rule 99 Where any patentee affixes a patent marking on the patented product or on the package of that product in accordance with the provisions of Article 16 of the Patent Law, he or it shall make the affixation in the manner as prescribed by the Patent Administration Department under the State Council.
Where the patent marking does not comply with the provisions of the preceding paragraph, the administrative authority responsible for patent enforcement at or above the county level shall order to correct it.
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Rule 100 Where an applicant or patentee violates the provisions of Rule 11 or 88, the administrative authority responsible for patent enforcement at or above the county level shall issue a warning, and may impose a fine of not more than RMB 100,000 yuan.
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Rule 84 Any of the following constitute acts of patent passing-off referred to in Article 63 of the Patent Law: (1) affixing patent indication on a non-patented product or the package thereof, continuing to affix patent indication on a product or package after the announcement of invalidating the patent or the expiration the patent right, or indicating the patent number of others, without authorization, on a product or package thereof;
(2) selling the products specified in the paragraph one of this Rule;
(3) indicating in the product instructions or other materials, a non-patented technology or design as a patented technology or design, indicating a patent application as a patent, or using others' patent number misleading the public into perceiving the relevant technology or design as the patented technology or patented design;
(4) counterfeiting or transforming any patent certificate, patent document or patent application document;
(5) other acts that mislead the public into perceiving the non-patented technology or design as a patented technology or patented design.
Affixing patent indication on a patented product or product obtained directly by the patented process or the package thereof before the expiration of the patent right, and offering to sell or selling the product after the expiration of the patent right shall not be deemed as patent passing-off.
If the party selling the product without knowledge of the passing-off nature of the product can prove that it is obtained from legitimate source, he or it should be ordered by the patent administrative authority for patent affairs to stop selling such product
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Rule 101 Any of the following constitute acts of patent passing-off referred to in Article 68 of the Patent Law: (1) affixing patent marking on a non-patented product or the package thereof, continuing to affix patent marking on a product or package after the announcement of invalidating the patent or the expiration the patent right, or indicating the patent number of others, without authorization, on a product or package thereof;
(2) selling the products specified in the paragraph one of this Rule;
(3) indicating in the product instructions or other materials, a non-patented technology or design as a patented technology or design, indicating a patent application as a patent, or using others' patent number misleading the public into perceiving the relevant technology or design as the patented technology or patented design;
(4) counterfeiting or transforming any patent certificate, patent document or patent application document;
(5) other acts that mislead the public into perceiving the non-patented technology or design as a patented technology or patented design.
Affixing patent marking on a patented product or product obtained directly by the patented process or the package thereof before the expiration of the patent right, and offering to sell or selling the product after the expiration of the patent right shall not be deemed as patent passing-off.
If the party selling the product without knowledge of the passing-off nature of the product can prove that it is obtained from legitimate source, he or it should be ordered by the administrative authority responsible for patent enforcement at or above the county level to stop selling such product. |
Rule 85 Apart from the circumstances stipulated in Articles 60 of the Patent Law,the administrative authority for patent affairs may mediate in the following types of patent disputes upon the request of the parties:
(1) disputes over patent application rights and ownership of patent rights;
(2) disputes over the qualifications of inventors and designers;
(3) disputes over the reward and remuneration of the inventors and designers of service inventions;
(4) disputes concerning the inadequacy of royalties for the use of an invention after the invention patent application has been published and before the patent has been granted;
(5) other patent disputes. Requests to the patent administrative authorities for mediation of the disputes specified in item (4) of the preceding paragraph shall be submitted after the patent right has been granted. |
Rule 102 Apart from the circumstances stipulated in Articles 65 of the Patent Law,the administrative authority for patent affairs may mediate in the following types of patent disputes upon the request of the parties:
(1) disputes over patent application rights and ownership of patent rights;
(2) disputes over the qualifications of inventors and designers;
(3) disputes over the reward and remuneration of the inventors and designers of service inventions;
(4) disputes concerning the inadequacy of royalties for the use of an invention after the invention patent application has been published and before the patent has been granted;
(5) other patent disputes. Requests to the patent administrative authorities for mediation of the disputes specified in item (4) of the preceding paragraph shall be submitted after the patent right has been granted.
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Rule 86 Any party concerned to a dispute over the ownership of the right to apply for a patent or the patent right, which is being mediated by the administrative authority for patent affairs or is sued to the people's court, may request the Patent Administration Department under 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 written request to the Patent Administration Department under the State Council, and attach a copy of the document certifying the acceptance of the relevant request from the administrative authority for patent affairs or the people's court in which the patent application number or patent number should be clearly indicated.
After the letter of mediation made by the administrative authority for patent affairs or the judgment rendered by the people's court enters into force, the parties concerned shall request the Patent Administration Department under the State Council to resume the suspended procedure. 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 or that the request shall, within the said time limit, request to extend the suspension. If, at the expiration of the said time limit, no such request for extension is filed, the Patent Administration Department under the State Council shall resume the procedure on its own initiative.
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Rule 103 Any party concerned to a dispute over the ownership of the right to apply for a patent or the patent right, which is being mediated by the administrative authority for patent affairs or is sued to the people's court, may request the Patent Administration Department under 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 written request to the Patent Administration Department under the State Council, state the reason, and attach a copy of the document certifying the acceptance of the relevant request from the administrative authority for patent affairs or the people's court in which the patent application number or patent number should be clearly indicated. If the Patent Administration Department under the State Council considers that the reasons for suspension set forth by the parties are obviously untenable, the relevant procedures may not be suspended.
After the letter of mediation made by the administrative authority for patent affairs or the judgment rendered by the people's court enters into force, the parties concerned shall request the Patent Administration Department under the State Council to resume the suspended procedure. 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 or that the request shall, within the said time limit, request to extend the suspension. If, at the expiration of the said time limit, no such request for extension is filed, the Patent Administration Department under the State Council shall resume the procedure on its own initiative.
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Rule 87 Where, in hearing civil cases, the people's court has ordered the preservation measures on the right to apply for a patent or a patent right, the Patent Administration Department under the State Council shall suspend the relevant procedure concerning the preserved patent application right or patent right on the day of receiving the court order and notice of assistance for execution with patent application number or patent number clearly indicated. Upon the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the Patent Administration Department under the State Council shall resume the relevant procedure on its own initiative. |
Rule 104 Where, in hearing civil cases, the people's court has ordered the preservation measures on the right to apply for a patent or a patent right, the Patent Administration Department under the State Council shall suspend the relevant procedure concerning the preserved patent application right or patent right on the day of receiving the court order and notice of assistance for execution with patent application number or patent number clearly indicated. Upon the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the Patent Administration Department under the State Council shall resume the relevant procedure on its own initiative.
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Rule 88 Relevant procedures that the Patent Administration Department under the State Council shall carry out suspension according to Rule 86 and Rule 87 of the Implementing Regulations refer to procedures concerning preliminary examination, substantive examination, re-examination of a patent application, grant of patent rights, invalidation of patent rights; procedures concerning abandonment, change, or transfer of the right to apply the patent right or the patent right; and procedures concerning pledge of patent rights, termination of patent rights before the expiration of the term of the patent, etc.
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Rule 105 Relevant procedures that the Patent Administration Department under the State Council shall carry out suspension according to Rule 103 and Rule 104 of the Implementing Regulations refer to procedures concerning preliminary examination, substantive examination, re-examination of a patent application, grant of patent rights, invalidation of patent rights; procedures concerning abandonment, change, or transfer of the right to apply the patent right or the patent right; procedures concerning pledge of patent rights, termination of patent rights before the expiration of the term of the patent, etc.
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Chapter IX Patent Registration and Patent Gazette |
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2010 |
2023 |
Rule 89 The Patent Administration Department under the State Council shall keep a Patent Register in which the registration of the following matters relating to patent application or patent right shall be made: (1) any grant of the patent right; (2) any transfer of the right of patent application or the patent right; (3) any pledge and preservation of the patent right and their discharge; (4) any patent license contract for exploitation submitted for the record; (5) any invalidation of the patent right;
(6) any cessation of the patent right; (7) any restoration of the patent right; (8) any compulsory license for exploitation of the patent; (9) any change in the name or title, nationality and address of the patentee. |
Rule 106 The Patent Administration Department under the State Council shall keep a Patent Register in which the registration of the following matters relating to patent application or patent right shall be made: (1) any grant of the patent right; (2) any transfer of the right of patent application or the patent right; (3) any pledge and preservation of the patent right and their discharge; (4) any patent license contract for exploitation submitted for the record; (5) any declassification of national defense patent or secret patent; (6) any invalidation of the patent right; (7) any cessation of the patent right; (8) any restoration of the patent right; (9) any compensation for the patent term; (10) any open license for exploitation of the patent; (11) any compulsory license for exploitation of the patent; (12) any change in the name or title, nationality and address of the patentee.
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Rule 90 The Patent Administration Department under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following: (1) the bibliographic data and the abstract of the description of an application for a patent for invention; (2) any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Administration Department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention; (3) any rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication; (4) any grant of patent right and the bibliographic data of the patent right; (5) the abstract of the description of (6) any declassification of national defense patent or secret patent; (7) any invalidation of the patent right; (8) any cessation or restoration of the patent right; (9) any transfer of the patent right; (10) any patent license contract for exploitation submitted for record; (11) any pledge or preservation of the patent right and their discharge; (12) any grant of compulsory license for exploitation of the patent; (13) any change in the name or title and address of the patentee; (14) any service of documents by way of making an announcement; (15) any correction made by the Patent Administration Department under the State Council; and (16) any other related matters. |
Rule 107 The Patent Administration Department under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following: (1) the bibliographic data and the abstract of the description of an application for a patent for invention;
(2) any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Administration Department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention; (3) any rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication; (4) any grant of patent right and the bibliographic data of the patent right; (5) the abstract of the description of a patent for invention or a patent for utility model, one drawing or photograph of a patent for design; (6) any declassification of national defense patent or secret patent; (7) any invalidation of the patent right; (8) any cessation or restoration of the patent right; (9) any compensation for the patent term; (10) any transfer of the patent right; (11) any patent license contract for exploitation submitted for record; (12) any pledge or preservation of the patent right and their discharge; (13) any open license for exploitation of the patent; (14) any grant of compulsory license for exploitation of the patent; (15) any change in the name or title, nationality and address of the patentee; (16) any service of documents by way of making an announcement; (17) any correction made by the Patent Administration Department under the State Council; and (18) any other related matters.
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Rule 91 The Patent Administration Department under the State Council shall make the patent gazettes, the pamphlets of the application for patent for invention and the pamphlets of patent for invention, patent for utility model and patent for design available to the public for consultation with free of charge. |
Rule 108 The Patent Administration Department under the State Council shall make the patent gazettes, the pamphlets of the application for patent for invention and the pamphlets of patent for invention, patent for utility model and patent for design available to the public for consultation with free of charge.
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Rule 92 The Patent Administration Department under the State Council is responsible for exchanging, in accordance with the principle of reciprocity, patent documents with the patent authorities of other countries or regions or with the patent authorities of regional patent organizations. |
Rule 109 The Patent Administration Department under the State Council is responsible for exchanging, in accordance with the principle of reciprocity, patent documents with the patent authorities of other countries or regions or with the patent authorities of regional patent organizations.
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Chapter X Fees |
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2010 |
2023 |
Rule 93 When any person files an application for a patent with, or has other formalities to go through at, the Patent Administration Department under the State Council, he or it shall pay the following fees: (1) filing fee, additional fee for filing an application, printing fee for publishing the application, and fee for claiming priority; (2) fee for examination as to substance for an application for patent for invention, and reexamination fee; (3) (4) fee for requesting restoration of right, and fee for requesting extension of time limit; (5) fee for making a change in the bibliographic data, fee for requesting for evaluation report of patent, and fee for requesting for announcement of invalidation of patent.
The amount of the fees referred to in the preceding paragraphs shall be prescribed by the price administration department and the finance administration department under the State Council in conjunction with the Patent Administration Department under the State Council. |
Rule 110 When any person files an application for a patent with, or has other formalities to go through at, the Patent Administration Department under the State Council, he or it shall pay the following fees: (1) filing fee, additional fee for filing an application, printing fee for publishing the application, and fee for claiming priority; (2) fee for examination as to substance for an application for patent for invention, and reexamination fee; (3) annual fee;
(4) fee for requesting restoration of right, and fee for requesting extension of time limit; (5) fee for making a change in the bibliographic data, fee for requesting for evaluation report of patent, fee for requesting for announcement of invalidation of patent and fee for requesting for a certified duplicate copy of the patent document(s).
The amount of the fees referred to in the preceding paragraphs shall be prescribed by the development and reform administration department and the finance administration department under the State Council in conjunction with the Patent Administration Department under the State Council in terms of respective responsibilities. The finance administration department and the development and reform administration department under the State Council may adjust de facto the fee items and amounts necessary for patent applications and other related matters in conjunction with the Patent Administration Department under the State Council.
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Rule 94 The fees provided for in the Patent Law and in these Implementing Regulations
Where any fee is paid directly to the Patent Administration Department under the State Council, the date on which the fee is paid shall be the date of payment; where any fee is paid by way of postal remittance, the date of remittance indicated by the postmark shall be the date of payment; where any fee is paid by way of bank transfer, the date on which the transfer of the fee is done shall be the date of payment.
Where any patent fee is paid in excess of the amount as prescribed, paid repeatedly or wrongly, the party making the payment may, within three years from the date of payment, request a refund from the Patent Administration Department under the State Council, and the Patent Administration Department under the State Council shall return it.
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Rule 111 The fees provided for in the Patent Law and in these Implementing Regulations shall be paid in close compliance of the relevant rules.
Where any fee is paid directly to the Patent Administration Department under the State Council, the date on which the fee is paid shall be the date of payment; where any fee is paid by way of postal remittance, the date of remittance indicated by the postmark shall be the date of payment; where any fee is paid by way of bank transfer, the date on which the transfer of the fee is done shall be the date of payment.
Where any patent fee is paid in excess of the amount as prescribed, paid repeatedly or wrongly, the party making the payment may, within three years from the date of payment, request a refund from the Patent Administration Department under the State Council, and the Patent Administration Department under the State Council shall return it. |
Rule 95 The applicant shall pay the filing fee, the printing fee for the publication of the application and the necessary additional fee for filing an application within two months from the filing date or fifteen days from the date of receipt of the notification of acceptance of the application from the Patent Administration Department under the State Council. If the fees are not paid or not paid in full within the time limit, the application shall be deemed to be withdrawn.
Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same time with the payment of the filing fee. If the fee is not paid or not paid in full within the time limit, the claim for priority shall be deemed not to have been made. |
Rule 112 The applicant shall pay the filing fee, the printing fee for the publication of the application and the necessary additional fee for filing an application within two months from the filing date or fifteen days from the date of receipt of the notification of acceptance of the application from the Patent Administration Department under the State Council. If the fees are not paid or not paid in full within the time limit, the application shall be deemed to be withdrawn
Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same time with the payment of the filing fee. If the fee is not paid or not paid in full within the time limit, the claim for priority shall be deemed not to have been made.
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Rule 96 Where the party concerned makes a request for an examination as to substance or a reexamination, the relevant fee shall be paid within the time limit as prescribed respectively for such requests by the Patent Law and these Implementing Regulations. If the fee is not paid or not paid in full within the time limit, the request is deemed not to have been made.
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Rule 113 Where the party concerned makes a request for an examination as to substance or a reexamination, the relevant fee shall be paid within the time limit as prescribed respectively for such requests by the Patent Law and these Implementing Regulations. If the fee is not paid or not paid in full within the time limit, the request is deemed not to have been made. |
Rule 97 When the applicant goes through the formalities of registration of the grant of patent right, it or he shall pay
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Rule 114 When the applicant goes through the formalities of registration of the grant of patent right, it or he shall pay the annual fee of the year in which the patent right is granted. If such fees are not paid or not paid in full within the time limit, the registration of the grant of patent right shall be deemed not to have been made. |
Rule 98 The annual fee of the patent right after the year in which the patent is granted shall be paid before the expiration of the preceding year. If the patentee fails to payor pay in full the fee, the Patent Administration Department under the State Council shall notify the patentee to pay the fee or to make up the insufficiency within six months from the expiration of the time limit within which the annual fee is due to be paid, and at the same time pay a surcharge. The amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the annual fee of the year within which the annual fee is due to be paid. Where the fee and the surcharge are not paid within the time limit, the patent right shall lapse from the expiration of the time limit within which the annual fee should be paid.
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Rule 115 The annual fee of the patent right after the year in which the patent is granted shall be paid before the expiration of the preceding year. If the patentee fails to payor pay in full the fee, the Patent Administration Department under the State Council shall notify the patentee to pay the fee or to make up the insufficiency within six months from the expiration of the time limit within which the annual fee is due to be paid, and at the same time pay a surcharge. The amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the annual fee of the year within which the annual fee is due to be paid. Where the fee and the surcharge are not paid within the time limit, the patent right shall lapse from the expiration of the time limit within which the annual fee should be paid. |
Rule 99 The fee for requesting restoration of right shall be paid within the relevant time limit prescribed in these Implementing Regulations. If the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
The fee for request of extension of a time limit shall be paid before the expiration of the relevant time limit. If the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, fee for requesting for evaluation report of patent and fee for request of invalidation of patent right shall be paid within one month from the date on which such request is filed. If the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
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Rule 116 The fee for requesting restoration of right shall be paid within the relevant time limit prescribed in these Implementing Regulations. If the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
The fee for request of extension of a time limit shall be paid before the expiration of the relevant time limit. If the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, fee for requesting for evaluation report of patent and fee for request of invalidation of patent right shall be paid within one month from the date on which such request is filed. If the fee is not paid or not paid in full within the time limit, the request shall be deemed not to have been made. |
Rule 100 Where any applicant or patentee has difficulties in paying the various fees prescribed in these Implementing Regulations, it or he may, in accordance with the prescriptions, submit a request to the Patent Administration Department under the State Council for a reduction |
Rule 117 Where any applicant or patentee has difficulties in paying the various fees prescribed in these Implementing Regulations, it or he may, in accordance with the prescriptions, submit a request to the Patent Administration Department under the State Council for a reduction of the payment. Measures for the reduction of the payment shall be prescribed by the finance administration department under the State Council in conjunction with the development and reform administration department under the State Council and the Patent Administration Department under the State Council.
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Chapter XI Special Provisions Concerning International Application for Invention Patent and Utility Model Patent |
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2010 |
2023 |
Rule 101 The Patent Administration Department under the State Council receives international patent applications filed under the Patent Cooperation Treaty in accordance with the provisions of Article 20 of the Patent Law.
For any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the international application), the requirements and procedures for entering the phase of process conducted by the Patent Administration Department under the State Council (hereinafter referred to as entering the Chinese national phase) , the provisions prescribed in this chapter shall apply. Where no provisions are made in this chapter, the relevant provisions in the Patent Law and in any other chapters of these Implementing Regulations shall apply.
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Rule 118 The Patent Administration Department under the State Council receives international patent applications filed under the Patent Cooperation Treaty in accordance with the provisions of Article 19 of the Patent Law.
For any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the international application), the requirements and procedures for entering the phase of process conducted by the Patent Administration Department under the State Council (hereinafter referred to as entering the Chinese national phase) , the provisions prescribed in this chapter shall apply. Where no provisions are made in this chapter, the relevant provisions in the Patent Law and in any other chapters of these Implementing Regulations shall apply. |
Rule 102 Any international application which has been accorded an international filling date in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed as an application for patent filed with the Patent Administration Department under the State Council, and the said international filing date shall be deemed as the filing date referred to in Article 28 of the Patent Law.
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Rule 119 Any international application which has been accorded an international filling date in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed as an application for patent filed with the Patent Administration Department under the State Council, and the said international filing date shall be deemed as the filing date referred to in Article 28 of the Patent Law. |
Rule 103 Any applicant for an international application entering the Chinese national phase shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to as "the priority date" in this chapter), go through the formalities for entering the Chinese national phase before the Patent Administration Department under the State Council. If the applicant fails to go through the said formalities within the prescribed time limit, he or it may, after paying a surcharge for the late entry, go through the formalities for entering the Chinese national phase within the 32 months from the priority date.
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Rule 120 Any applicant for an international application entering the Chinese national phase shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to as "the priority date" in this chapter), go through the formalities for entering the Chinese national phase before the Patent Administration Department under the State Council. If the applicant fails to go through the said formalities within the prescribed time limit, he or it may, after paying a surcharge for the late entry, go through the formalities for entering the Chinese national phase within the 32 months from the priority date. |
Rule 104 When the applicant goes through the formalities for entering the Chinese national phase in accordance with the provisions of Rule 103 of these Implementing Regulations, it or he shall fulfill the following requirements: (1) submitting in Chinese a written statement for entering the Chinese national phase, indicating the international application number and the type of patent right sought; (2) paying the filing fee and the printing fee for the publication of the application as provided in Rule 93, paragraph one of these Implementing Regulations, and where necessary, the surcharge for the late entry as provided in Rule 103 of these Implementing Regulations; (3) submitting the Chinese translation of the description and the claims of the initial international application where an international application is filed in a foreign language; (4) indicating in the written statement for entering the Chinese national phase the title of the invention-creation, the name or title of the applicant, the address of the applicant and the name of the inventor, all of which should be in conformity with those recorded with the International Bureau under the World Intellectual Property Organization (hereafter referred to as the International Bureau). Where the inventor is not indicated in the international application, the name of the inventor shall be indicated in the said statement; (5) where the international application is filed in a foreign language, submitting the Chinese translation of the abstract; submitting a copy of the drawings and a copy of the drawing of the abstract where there are drawings and the drawing of the abstract; the text matter in the drawings, if any, shall be replaced by the corresponding text matter in Chinese; (6) where the applicant has gone through the formalities of changing the applicant before the International Bureau in the international phase, certifying documents shall be furnished to prove the right of the applicant after the change to the international application; (7) payment of the additional fee for application when necessary, as provided in Rule 93, subparagraph (1) of these Implementing regulations.
Where the requirements set forth in subparagraphs (1) to (3), paragraph one of this Rule are met, the Patent Administration Department under the State Council shall issue the filing number, indicate clearly the date of entry of the international application into the Chinese national phase (hereafter referred to as the date of entry), and notify the applicant that its or his international application has entered into the Chinese national phase.
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Rule 121 When the applicant goes through the formalities for entering the Chinese national phase in accordance with the provisions of Rule 120 of these Implementing Regulations, it or he shall fulfill the following requirements: (1) submitting in Chinese a written statement for entering the Chinese national phase, indicating the international application number and the type of patent right sought; (2) paying the filing fee and the printing fee for the publication of the application as provided in Rule 110, paragraph one of these Implementing Regulations, and where necessary, the surcharge for the late entry as provided in Rule 120 of these Implementing Regulations; (3) submitting the Chinese translation of the description and the claims of the initial international application where an international application is filed in a foreign language; (4) indicating in the written statement for entering the Chinese national phase the title of the invention-creation, the name or title of the applicant, the address of the applicant and the name of the inventor, all of which should be in conformity with those recorded with the International Bureau under the World Intellectual Property Organization (hereafter referred to as the International Bureau). Where the inventor is not indicated in the international application, the name of the inventor shall be indicated in the said statement;
(5) where the international application is filed in a foreign language, submitting the Chinese translation of the abstract; submitting a copy of the drawings and identifying the drawing of the abstract where there are drawings and the drawing of the abstract; the text matter in the drawings, if any, shall be replaced by the corresponding text matter in Chinese; where the international application is filed in Chinese, submitting a copy of the abstract and the drawing of the abstract as appeared in the documents of international publication; (6) where the applicant has gone through the formalities of changing the applicant before the International Bureau in the international phase, certifying documents shall be furnished, where necessary, to prove the right of the applicant after the change to the international application; (7) payment of the additional fee for application when necessary, as provided in Rule 110, subparagraph (1) of these Implementing regulations.
Where the requirements set forth in subparagraphs (1) to (3), paragraph one of this Rule are met, the Patent Administration Department under the State Council shall issue the filing number, indicate clearly the date of entry of the international application into the Chinese national phase (hereafter referred to as the date of entry), and notify the applicant that its or his international application has entered into the Chinese national phase.
Where, after entering the Chinese national phase, it is found that an international application does not meet the requirements as set forth in subparagraphs (4) to (7), paragraph one of this Rule, the Patent Administration Department under the State Council shall notify the applicant to make rectification within the specified time limit. If the applicant fails to do so, the application shall be deemed to have been withdrawn.
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Rule 105 Where an international application has any of the following circumstances, the effect of the application in China shall cease: (1) where in the international phase, the international application has been withdrawn or was deemed to have been withdrawn, or the designation of China of the international application has been withdrawn; (2) where the applicant fails to go through the formalities for entry into the Chinese national phase within 32 months from the priority date in accordance with the provision of Rule 103 of these Implementing Regulations; (3) while going through the formalities for entry into the Chinese national phase, the applicant fails to fulfill the requirements of Rule 104, subparagraphs (1) to (3) of these Implementing Regulations at the expiration of the time limit of 32 months from the date of priority.
Where the effect of an international application cease in China in accordance with the provision of the preceding paragraph, subparagraph (1), the provisions of Rule 6 of these Implementing Regulations shall not apply. Where the effect of an international application cease in China in accordance with the provision of the preceding paragraph, subparagraph (2) or (3), the provisions of Rule 6, paragraph two of these Implementing Regulations shall not apply. |
Rule 122 Where an international application has any of the following circumstances, the effect of the application in China shall cease: (1) where in the international phase, the international application has been withdrawn or was deemed to have been withdrawn, or the designation of China of the international application has been withdrawn; (2) where the applicant fails to go through the formalities for entry into the Chinese national phase within 32 months from the priority date in accordance with the provision of Rule 120 of these Implementing Regulations; (3) while going through the formalities for entry into the Chinese national phase, the applicant fails to fulfill the requirements of Rule 121, subparagraphs (1) to (3) of these Implementing Regulations at the expiration of the time limit of 32 months from the date of priority.
Where the effect of an international application cease in China in accordance with the provision of the preceding paragraph, subparagraph (1), the provisions of Rule 6 of these Implementing Regulations shall not apply. Where the effect of an international application cease in China in accordance with the provision of the preceding paragraph, subparagraph (2) or (3), the provisions of Rule 6, paragraph two of these Implementing Regulations shall not apply.
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Rule 106 Where an international application was amended in the international phase and the applicant requests that the examination be based on the amended application, the Chinese translation of the amendments shall be furnished within two months from the date of entry. Where the Chinese translation is not furnished within the said time limit, the amendments made in the international phase shall not be taken into consideration by the Patent Administration Department under the State Council. |
Rule 123 Where an international application was amended in the international phase and the applicant requests that the examination be based on the amended application, the Chinese translation of the amendments shall be furnished within two months from the date of entry. Where the Chinese translation is not furnished within the said time limit, the amendments made in the international phase shall not be taken into consideration by the Patent Administration Department under the State Council.
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Rule 107 Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (1) or (2) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the written statement concerning entry into the Chinese national phase, and furnish the relevant certifying documents prescribed in Rule 30, paragraph three of these Implementing Regulations within two months from the date of entry. If the applicant fails to indicate it or furnish the relevant certifying documents within the time limit, the provisions of Article 24 of the Patent Law shall not apply to its or his application. |
Rule 124 Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (2) or (3) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the written statement concerning entry into the Chinese national phase, and furnish the relevant certifying documents prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of entry. If the applicant fails to indicate it or furnish the relevant certifying documents within the time limit, the provisions of Article 24 of the Patent Law shall not apply to its or his application.
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Rule 108 Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 24, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of the biological materials are contained in the description of the international application as initially filed, but there is no such indication in the statement concerning the entry into the Chinese national phase, the applicant shall make corrections within four months from the date of entry. If the correction is not made at the expiration of the time limit, the biological materials shall be deemed not to have been deposited.
Where, within four months from the date of entry, the applicant has submitted the certificates of the deposit and the viability of the biological materials to the Patent Administration Department under the State Council, the deposit of biological materials shall be deemed to have been furnished within the time limit as provided for in Rule 24, subparagraph (1) of these Implementing Regulations. |
Rule 125 Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 27, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of the biological materials are contained in the description of the international application as initially filed, but there is no such indication in the statement concerning the entry into the Chinese national phase, the applicant shall make corrections within four months from the date of entry. If the correction is not made at the expiration of the time limit, the biological materials shall be deemed not to have been deposited.
Where, within four months from the date of entry, the applicant has submitted the certificates of the deposit and the viability of the biological materials to the Patent Administration Department under the State Council, the deposit of biological materials shall be deemed to have been furnished within the time limit as provided for in Rule 27, subparagraph (1) of these Implementing Regulations.
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Rule 109 Where an invention-creation has been developed relying on the use of genetic resources for which the international application is filed, the applicant shall indicate the fact in the written statement for entering the Chinese national phase, and fill in the forms provided by the Patent Administration Department under the State Council. |
Rule 126 Where an invention-creation has been developed relying on the use of genetic resources for which the international application is filed, the applicant shall indicate the fact in the written statement for entering the Chinese national phase, and fill in the forms provided by the Patent Administration Department under the State Council.
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Rule 110 Where the applicant claims one or multiple priorities in the international phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted the written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay a fee for the claim of priority within two months from the date of entry. If the fee is not paid or not paid in full within the time limit, the priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the Patent Administration Department under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant has not submitted a copy of the earlier application in the international phase, and if the Patent Administration Department under the State Council deems necessary, it may notify the applicant to submit a copy of the earlier application within the specified time limit. If no copy is submitted at the expiration of the time limit, his or its claim for priority shall be deemed not to have been made. |
Rule 127 Where the applicant claims one or multiple priorities in the international phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted the written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay a fee for the claim of priority within two months from the date of entry. If the fee is not paid or not paid in full within the time limit, the priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the Patent Administration Department under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant has not submitted a copy of the earlier application in the international phase, and if the Patent Administration Department under the State Council deems necessary, it may notify the applicant to submit a copy of the earlier application within the specified time limit. If no copy is submitted at the expiration of the time limit, his or its claim for priority shall be deemed not to have been made.
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Rule 128 Where the international filing date is within 2 months as of the time limit for claiming the priority and the request for restoring priority right is approved by the receiving office during the international stage, the applicant is deemed to have filed a request for restoring priority right in accordance with the provisions of Rule 36; where the request for restoring priority right is not filed with or approved by the receiving office during the international stage, the applicant may file a request for restoring priority right with the Patent Administration Department under the State Council within 2 months as of entering the Chinese national phase on justifiable grounds. |
Rule 111 Where, before the expiration of 30 months from the priority date, the applicant files a request with the Patent Administration Department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23, paragraph two of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the Patent Administration Department under the State Council, the applicant shall submit a certified copy of the international application. |
Rule 129 Where, before the expiration of 30 months from the priority date, the applicant files a request with the Patent Administration Department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23, paragraph two of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the Patent Administration Department under the State Council, the applicant shall submit a certified copy of the international application.
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Rule 112 With regard to an international application for a patent for utility model, the applicant may amend the patent application documents on its or his own initiative within two months from the date of entry.
With regard to an international application for a patent for invention, the provisions of Rule 51, paragraph one of these Implementing Regulations shall apply. |
Rule 130 With regard to an international application for a patent for utility model, the applicant may amend the patent application documents on its or his own initiative within two months from the date of entry.
With regard to an international application for a patent for invention, the provisions of Rule 57, paragraph one of these Implementing Regulations shall apply.
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Rule 113 Where the applicant finds that there are mistakes in the Chinese translation of the description, the claims or the text matter in the drawings as filed, he or it may correct the translation in accordance with the international application as filed within the following time limits: (1) before the completion of technical preparations for publication of an application for a patent for invention or announcement of patent right for utility model by the Patent Administration Department under the State Council; (2) within three months from the date of receipt of the notification sent by the Patent Administration Department under the State Council, stating that the application for a patent for invention has entered into the substantive examination phase.
Where the applicant intends to correct the mistakes in the translation, he or it shall file a written request and pay the prescribed fee for the correction of the translation.
Where the applicant makes correction of the translation in accordance with the notification of the Patent Administration Department under the State Council, he or it shall, within the specified time limit, go through the formalities prescribed in paragraph two of this Rule. If the prescribed formalities are not gone through at the expiration of the time limit, the international application shall be deemed to be withdrawn. |
Rule 131 Where the applicant finds that there are mistakes in the Chinese translation of the description, the claims or the text matter in the drawings as filed, he or it may correct the translation in accordance with the international application as filed within the following time limits: (1) before the completion of technical preparations for publication of an application for a patent for invention or announcement of patent right for utility model by the Patent Administration Department under the State Council; (2) within three months from the date of receipt of the notification sent by the Patent Administration Department under the State Council, stating that the application for a patent for invention has entered into the substantive examination phase.
Where the applicant intends to correct the mistakes in the translation, he or it shall file a written request and pay the prescribed fee for the correction of the translation.
Where the applicant makes correction of the translation in accordance with the notification of the Patent Administration Department under the State Council, he or it shall, within the specified time limit, go through the formalities prescribed in paragraph two of this Rule. If the prescribed formalities are not gone through at the expiration of the time limit, the international application shall be deemed to be withdrawn.
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Rule 114 With regard to any international application for a patent for invention, if the Patent Administration Department under the State Council, after preliminary examination, considers it in compliance with relevant provisions of the Patent Law and these Implementing Regulations, it shall publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the international application shall be published.
Where the international publication of an international application for a patent for invention by the International Bureau is in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the international publication. If the international publication by the International Bureau is in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the publication of the Chinese translation by the Patent Administration Department under the State Council.
With regard to an international application, the publication referred to in Articles 21 and 22 of the Patent Law means the publication referred to in paragraph one of this Rule. |
Rule 132 With regard to any international application for a patent for invention, if the Patent Administration Department under the State Council, after preliminary examination, considers it in compliance with relevant provisions of the Patent Law and these Implementing Regulations, it shall publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the international application shall be published.
Where the international publication of an international application for a patent for invention by the International Bureau is in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the international publication or from the date of the publication made by the Patent Administration Department under the State Council. If the international publication by the International Bureau is in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the publication of the Chinese translation by the Patent Administration Department under the State Council.
With regard to an international application, the publication referred to in Articles 21 and 22 of the Patent Law means the publication referred to in paragraph one of this Rule.
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Rule 115 Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, submit a divisional application in accordance with the provisions in Rule 42, paragraph one of these Implementing Regulations.
Where, in the international phase, some parts of the international application have not been the subject of international search or international preliminary examination because the International Searching Authority or the International Preliminary Examination Authority considers that the international application does not comply with the requirement of unity of invention prescribed in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee, whereas at the time of going through the formalities for entering the Chinese national phase, the applicant requests that the said parts be the basis of examination, the Patent Administration Department under the State Council, finding that the decision concerning unity of invention made by the International Searching Authority or the International Preliminary Examination Authority is justified, shall notify the applicant to pay the restoration fee for unity of invention within the specified time limit. Where the fee is not paid or not paid in full at the expiration of the prescribed time limit, those parts of the international application which have not been searched or have not been the subject of international preliminary examination shall be deemed to be withdrawn.
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Rule 133 Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, submit a divisional application in accordance with the provisions in Rule 48, paragraph one of these Implementing Regulations.
Where, in the international phase, some parts of the international application have not been the subject of international search or international preliminary examination because the International Searching Authority or the International Preliminary Examination Authority considers that the international application does not comply with the requirement of unity of invention prescribed in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee, whereas at the time of going through the formalities for entering the Chinese national phase, the applicant requests that the said parts be the basis of examination, the Patent Administration Department under the State Council, finding that the decision concerning unity of invention made by the International Searching Authority or the International Preliminary Examination Authority is justified, shall notify the applicant to pay the restoration fee for unity of invention within the specified time limit. Where the fee is not paid or not paid in full at the expiration of the prescribed time limit, those parts of the international application which have not been searched or have not been the subject of international preliminary examination shall be deemed to be withdrawn. |
Rule 116 Where an international application in the international phase has been refused to be accorded an international filling date or has been declared to be deemed withdrawn by an international authority concerned, the applicant may, within two months from the date on which he or it receives the notification, request the International Bureau to send the copy of any document in the file of the international application to the Patent Administration Department under the State Council, and shall go through the formalities prescribed in Rule 103 of these Implementing Regulations within the said time limit before the Patent Administration Department under the State Council. After receiving the documents sent by the International Bureau, the Patent Administration Department under the State Council shall review the decision made by the international authority concerned to find whether it is correct.
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Rule 134 Where an international application in the international phase has been refused to be accorded an international filling date or has been declared to be deemed withdrawn by an international authority concerned, the applicant may, within two months from the date on which he or it receives the notification, request the International Bureau to send the copy of any document in the file of the international application to the Patent Administration Department under the State Council, and shall go through the formalities prescribed in Rule 120 of these Implementing Regulations within the said time limit before the Patent Administration Department under the State Council. After receiving the documents sent by the International Bureau, the Patent Administration Department under the State Council shall review the decision made by the international authority concerned to find whether it is correct. |
Rule 117 With regard to a patent right granted on the basis of an international application, if the extent of protection determined in accordance with the provisions of Article 59 of the Patent Law exceeds the scope of the international application in its original language because of incorrect translation, the extent of protection granted on the international application shall be determined according to what is limited in the original language of the application; if the extent of protection granted on the international application is narrower than the scope of the application in its original language, the extent of protection shall be determined according to the patent when it is granted. |
Rule 135 With regard to a patent right granted on the basis of an international application, if the extent of protection determined in accordance with the provisions of Article 64 of the Patent Law exceeds the scope of the international application in its original language because of incorrect translation, the extent of protection granted on the international application shall be determined according to what is limited in the original language of the application; if the extent of protection granted on the international application is narrower than the scope of the application in its original language, the extent of protection shall be determined according to the patent when it is granted.
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Chapter XII Provisions on the International Application for Registration of Industrial Designs |
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2010 |
2023 |
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Rule 136 In accordance with Article 19, paragraphs two and three of the Patent Law, the Patent Administration Department under the State Council accepts the international application for registration of industrial designs filed under 1999 Act, the Hague Agreement Concerning the International Registration of Industrial Designs (hereinafter referred to as the Hague Agreement).
In compliance with the present chapter in terms of conditions and procedures, the Patent Administration Department under the State Council handles the international application for registration of industrial designs filed under the Hague Agreement that designates China (hereinafter referred to as the international application for industrial designs). Absent the relevant conditions and procedures that are applicable in the present chapter, the Patent Law and the provisions in other chapters of the Regulations shall prevail.
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Rule 137 The international application for industrial designs filed under the Hague Agreement that designates China that bears an international registration date is deemed to be the one that is filed with the Patent Administration Department under the State Council where the international registration date is deemed as the Chinese application date in accordance with Article 28 of the Patent Law.
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Rule 138 When the publication of the international application for industrial designs is made by the International Bureau, the Patent Administration Department under the State Council will bring the international application for industrial designs into examination and notify the International Bureau of the examination result.
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Rule 139 The international application for industrial designs published by the International Bureau, if claiming one or more priorities, is deemed to make a written declaration in accordance with Article 30 of the Patent Law.
The applicant of the international application for industrial designs shall submit a certified copy of the earlier application within three months as of the international publication date.
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Rule 140 If the design(s) involved in the international application for industrial designs satisfy Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall make a declaration at the time of filing and submit the relevant certifying documents within 2 months as of the international publication date in accordance with Rule 33, paragraph three of the Implementing Regulations.
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Rule 141 If the international application for industrial designs involves two or more designs, the applicant can file a request for a divisional application with the Patent Administration Department under the State Council and pay the necessary fees within 2 months as of the international publication date.
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Rule 142 The international application for industrial designs, if bearing a specification involving design merits when published by the International Bureau, is deemed to submit the brief description in accordance with Rule 31 of the Implementing Regulations.
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Rule 143 The international application for industrial designs, if found with no rejection grounds after being examined by the Patent Administration Department under the State Council, shall be brought to official grant for patent right where the official decision shall be notified to the International Bureau.
The Patent Administration Department under the State Council will announce the grant of the patent once the decision on protection is made. The design right shall take effect from the date of announcement for grant.
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Rule 144 The applicant shall submit the relevant certifying documents to the Patent Administration Department under the State Council for any recordal of change made with the International Bureau.
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Chapter XIII Supplementary Provisions |
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2023 |
Rule 118 Any person may, after approval by the Patent Administration Department under the State Council, consult or copy the files of the published or announced patent applications and the Patent Register. Any person may request the Patent Administration Department under the State Council to issue a copy of extracts from the Patent Register.
The files of the patent applications which have been withdrawn or deemed to be withdrawn or which have been rejected, shall not be preserved after expiration of two years from the date on which the applications cease to be valid.
Where the patent right has been abandoned, wholly invalidated or ceased, the files shall not be preserved after expiration of three years from the date on which the patent right ceases to be valid. |
Rule 145 Any person may, after approval by the Patent Administration Department under the State Council, consult or copy the files of the published or announced patent applications and the Patent Register. Any person may request the Patent Administration Department under the State Council to issue a copy of extracts from the Patent Register.
The files of the patent applications which have been withdrawn or deemed to be withdrawn or which have been rejected, shall not be preserved after expiration of two years from the date on which the applications cease to be valid.
Where the patent right has been abandoned, wholly invalidated or ceased, the files shall not be preserved after expiration of three years from the date on which the patent right ceases to be valid.
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Rule 119 Any patent application which is filed with, or any formality which is gone through before, the Patent Administration Department under the State Council shall be signed or sealed by the applicant, the patentee, any other interested person or his or its representative. Where any patent agency is appointed, it shall be sealed by such agency.
Where a change in the name of the inventor, or in the title or name, nationality and address of the applicant or the patentee, or in the title and address of the patent agency and the name of patent agent is requested, a request for a change in the bibliographic data shall be made to the Patent Administration Department under the State Council, together with the relevant certifying documents. |
Rule 146 Any patent application which is filed with, or any formality which is gone through before, the Patent Administration Department under the State Council shall be signed or sealed by the applicant, the patentee, any other interested person or his or its representative. Where any patent agency is appointed, it shall be sealed by such agency.
Where a change in the name of the inventor, or in the title or name, nationality and address of the applicant or the patentee, or in the title and address of the patent agency and the name of patent attorney is requested, a request for a change in the bibliographic data shall be made to the Patent Administration Department under the State Council, where necessary, with the relevant certifying documents.
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Rule 120 The document relating to a patent application or patent right which is mailed to the Patent Administration Department under the State Council shall be mailed by registered letter, not by parcel.
Except for any patent application filed for the first time, any document which is submitted to and any formality which is gone through before the Patent Administration Department under the State Council, the filing number or the patent number, the title of the invention-creation and the title or name of the applicant or the patentee shall be indicated.
Only documents relating to the same application shall be included in one letter. |
Rule 147 The document relating to a patent application or patent right which is mailed to the Patent Administration Department under the State Council shall be mailed by registered letter, not by parcel.
Except for any patent application filed for the first time, any document which is submitted to and any formality which is gone through before the Patent Administration Department under the State Council, the filing number or the patent number, the title of the invention-creation and the title or name of the applicant or the patentee shall be indicated.
Only documents relating to the same application shall be included in one letter.
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Rule 122 The Patent Administration Department under the State Council shall formulate Guidelines for Examination in accordance with the Patent Law and these Implementing Regulations. |
Rule 148 The Patent Administration Department under the State Council shall formulate Guidelines for Examination in accordance with the Patent Law and these Implementing Regulations.
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Rule 123 These Implementing Regulations shall enter into force on July 1, 2001. The Implementing Regulations of the Patent Law of the People's Republic of China approved by the State Council on December 12, 1992 and promulgated by the Patent Office of the People's Republic of China on December 21, 1992 shall be repealed at the same time. |
Rule 149 These Implementing Regulations shall enter into force on July 1, 2001. The Implementing Regulations of the Patent Law of the People's Republic of China approved by the State Council on December 12, 1992 and promulgated by the Patent Office of the People's Republic of China on December 21, 1992 shall be repealed at the same time. |
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