People's Republic of China promulgated by Decree No. 569

　　　　　　　　　　　　　　　　　　　　　　　The State Council on changes of People's Republic of China implementation rules of the patent law, the decision of the State Council on December 30, 2009 at the 95th Executive Council, are hereby promulgated and come into force on February 1, 2010.

　　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Wen Jiabao

The January 9, 2010

The State Council on amending the People's Republic of China implementation rules of the patent law decision of the

Decision of the State Council of the People's Republic of China implementing regulations of the patent law to the following modifications:

First, delete the second. II, and will seventh article to sixth article, increased a paragraph, as third paragraph: "party in accordance with this article first paragraph or second paragraph of provides requests recovery right of, should submitted recovery right requests book, description reason, necessary Shi attached with about proved file, and handle right lost Qian should handle of corresponding procedures; in accordance with this article second paragraph of provides requests recovery right of, also should paid recovery right requests fee.

” Third, the eighth to seventh and amended as: "patent applications relating to defence interests require secrecy, reviewed by the agencies to accept and on national defense patent; the Administrative Department for patent under the State Council receives the patent applications relating to defence interests require secrecy, timely transfer of defence Patent Office should be reviewed.

Defense review found no cause for rejection of the patent agencies, and by the decision to grant the patent Administration Department under the State Council National Defense patents. "The Administrative Department for patent under the State Council considered his own invention or utility model patent application relates to the interests of national defence other than national security or other vital interests of the need for confidentiality, shall be made in accordance with the decision of the confidential processing of patent applications in a timely manner, and notify the applicant accordingly. Confidential review of patent application, reexamination and invalidation of the patent right of confidentiality of special procedures, shall be prescribed by the Administrative Department for patent under the State Council.

”

Four, addition of an article, as the eighth: "by the 20th of the patent law in China completed the invention or utility model, refers to the technical programme completed in China about the substance of the invention or utility model.

"Any units or individuals in China to complete the invention or utility model to foreign patent, the patent Administration Department under the State Council shall, in accordance with one of the following ways request confidential review:

"(A) directly to a foreign applicant for a patent or international patent application submitted to the relevant foreign agencies shall first request the patent Administration Department under the State Council, and details on its technology program;

"(B) the patent after the patent Administration Department under the State Council intends to apply to the foreign patent or international patent application submitted to the relevant foreign agencies, should apply to the foreign patent or to the foreign agency prior to submitting your international patent application concerned request the patent Administration Department under the State Council. "International patent application submitted by the Administrative Department for patent under the State Council, considered and made confidential request for review.

”

Five, and increased a article, as Nineth article: "State patent administrative sector received in accordance with this rules eighth article provides submitted of requests Hou, after review think the invention or practical new may involved national security or major interests need confidential of, should timely to applicants issued confidential review notification; applicants not in its requests submitted day up 4 months within received confidential review notification of, can on the invention or practical new to foreign application patent or to about abroad institutions submitted patent international application. "The Administrative Department for patent under the State Council a confidential review of notice in accordance with the provisions of the preceding paragraph, shall promptly make a decision on whether to be kept confidential, and notify the applicant accordingly. The applicant does not submit its request need for confidentiality within 6 months from the date of receipt of the decision, may apply in respect of the invention or utility model to foreign patent or international patent application submitted to the relevant foreign agencies.

” Six, the 11th to 12th, first subparagraph (c) is amended as: "after retirement, out of the original unit, or labor, personnel within 1 year after the termination of the relationship, with the commitment of jobs or the original unit assigned tasks related to the invention.

”

Seven, the 13th to 41st and amended as: "two or more applicants on the same day (refer to the filing date; priority, the priority date) of patent applications for the same invention, shall, after receipt of the notice of the Administrative Department for patent under the State Council agree on their applicants.

"The same applicant on the same day (date of application) on the same invention both applications for utility model patents and applications for patents for invention shall be respectively when the application for the same invention has been filed another patent; and not documented, in accordance with the patent law of the Nineth article concerning the same invention can only be granted a patent shall be dealt with.

"The announcement of the grant of utility model patents the patent Administration Department under the State Council, shall be announced to the applicant in accordance with the provisions of the second paragraph of this article also apply for the description of a patent for invention. "Patent application upon review found no cause for rejection, the patent Administration Department under the State Council shall notify the applicant to renounce the patent within the prescribed time. Renounced by the applicant, the patent Administration Department under the State Council shall make a decision grant the patent right for invention and notice in conjunction with the announcement of the grant of patent applicants to give up patent declarations.

The applicant does not agree to give up, the patent Administration Department under the State Council shall reject the patent application the applicant did not reply to the expiry, deemed withdrawal of the application for patent for invention. "Since the announcement of the grant of patent of utility model patent date of termination.

”

Eight, by deleting article 14th. Article nine, the 15th to 14th, one paragraph is added as a third paragraph: "patent pledge, by the pledgor and the pledgee jointly to register with the Administrative Department for patent under the State Council pledged.

”

Ten, the 17th to 16th and amended as: "the invention, utility model or design patent application shall state in the request the following:

"(A) the name of the invention, utility model or industrial design;

"(B) the applicant is a Chinese entity or individual, their name, address, zip code, organization code or identity card numbers; the applicant is a foreigner, foreign enterprise or other foreign organization, their name or registered name, nationality or national or region;

"(C) the name of the inventor or designer;

"(D) any applicant who appoints a patent Agency, the trustee's name, organization code and the patent agent of the specified name, and license number, contact phone number;

"(E) where the priority of the applicants to submit the patent application for the first time (hereinafter referred to as the earlier application) the filing date, application number, as well as the original name of the Organization;

"(Vi) the signature or seal of the applicant or the patent Agency;

"(G) the application documents listing;

"(H) the list of attached files; "(IX) other matters related to the stated needs.

” Article XI the 18th to 17th, one paragraph is added, as the fifth paragraph: "utility model patent application specification shall be protected by the product's shape, structure or combination of drawings.

”

12, an article shall be added as the 26th article: "genetic resources referred to in patent law, refers to human, animal, plant or microorganism containing functional units of heredity and of material of actual or potential value; alleged reliance on genetic resources in the patent law he belongs, refers to the use of the genetic resources, genetic feature he belongs. "Dependent on genetic resources to complete the invention patent, the applicant shall describe in the request and fill in the form established by the patent Administration Department under the State Council.

”

13 article by deleting the 27th,. 14, the 28th amendment: "brief description of the design shall clearly state the name of the product incorporating the design, use, design elements of a design, and specify a picture to show the drawings or photographs of the design points.

View or request protection of colors is omitted, should be briefly stated in the description.

"On a number of the same product is similar to a design patent application designs shall be specified in the brief description of one of the basic design. "The brief explanation shall not contain any commercial advertising diction, also cannot be used to explain the product's performance.

”

Section XV, by deleting the 30th. Under article 16, the 31st to 30th, one paragraph is added, as the first paragraph: "the 24th of the patent law in (a) referred to the Government of China recognized international exhibition, refers to the provisions of the Convention on international exhibitions of the international exhibitions Bureau registered or by the recognized international exhibition.

” 17, the 32nd to 31st and amended as: "the applicant in accordance with the provisions of the patent law of 30th foreign priority, the copy of the earlier application documents submitted by the applicant shall be certified by the original organization. In accordance with the patent Administration Department under the State agreement with the Organization, the patent Administration Department under the State Council, including through the electronic exchange of access to copies of the earlier application documents, as submitted by the applicant to the accepting institution attesting that extra copies of the earlier application documents.

Requirements of domestic priority, stated in the request of the applicant of the earlier application filing date and application number, as submitted copy of the earlier application documents.

"Demand the right to priority, but missing or wrong in the request earlier application filing date, the application number and the original organization in the name of one or two elements, the patent Administration Department under the State Council shall notify the applicant to rectify it within a specified period; the expiration of correction is not made, shall be deemed not to claim priority.

"Claiming priority an applicant's names or titles recorded and copies of the earlier application documents that the name does not match the name of the applicant shall submit the certificate of assignment of the right material, the documentation is not submitted, shall be deemed not to claim priority. "Design patent application the applicant foreign priority, the earlier application does not include a brief description of the design, article 28th of the applicant in accordance with the rules of a brief description within the earlier application documents submitted pictures or photographs of the scope, does not affect its priority.

” Under article 18, the 36th to 35th, amended to read: "in accordance with the patent law of the 31st article specified in the second paragraph, the same products of a number of similar designs filed as one application, the other design should be specified in the brief description of the basic design are similar.

Similar to a design patent application designs shall not be more than 10.

"31st of the patent law mentioned in the second paragraph of the same category and set for sale or if you use two or more designs, means that the product belongs to the same categories in the categories table, customarily sold or used, and the designs have the same designing concept of the product. "Two or more industrial designs filed as one application, the sequential number of the design should be marked on each piece the picture of the product incorporating the design drawings or photographs before the name.

”

19, the 44th article is changed to: "the preliminary examination referred to in article 34th and 40th in the patent law refers to examine whether the patent application with patent law the 26th or 27th of files and other necessary documents, the files that conform to the prescribed format, and review the following:

"(A) invention patent application whether obviously belongs to patent law fifth article, and 25th article provides of case, whether not meet patent law 18th article, and 19th article first paragraph, and 20th article first paragraph or this rules 16th article, and 26th article second paragraph of provides, whether obviously not meet patent law second article second paragraph, and 26th article fifth paragraph, and 31st article first paragraph, and 33rd article or this rules 17th article to 21st article of provides; "(Ii) practical new patent application whether obviously belongs to patent law fifth article, and 25th article provides of case, whether not meet patent law 18th article, and 19th article first paragraph, and 20th article first paragraph or this rules 16th article to 19th article, and 21st article to 23rd article of provides, whether obviously not meet patent law second article third paragraph, and 22nd article second paragraph, and fourth paragraph, and 26th article third paragraph, and fourth paragraph, and 31st article first paragraph, and 33rd article or this rules 20th article, and

Article 43rd provisions of the first paragraph, in accordance with the patent law of the Nineth article cannot be patented; "(Three) appearance design patent application whether obviously belongs to patent law fifth article, and 25th article first paragraph subsection (six) items provides of case, whether not meet patent law 18th article, and 19th article first paragraph or this rules 16th article, and 27th article, and 28th article of provides, whether obviously not meet patent law second article fourth paragraph, and 23rd article first paragraph, and 27th article second paragraph, and 31st article second paragraph, and 33rd article or this rules 43rd article first paragraph of provides,

In accordance with article Nineth cannot be patented in the patent law; "(D) the application documents in accordance with the rules of article, the provisions of the first paragraph of article.

” 20, the addition of an article, as the 55th: "confidential review found no cause for rejection of a patent application, the patent Administration Department under the State Council shall make a grant confidential patent decisions, secret patents issued certificates, registration of secret patent related matters.

”

Under article 21, the 55th to 56th and amended as: "granting patent right for utility model or design decisions after the 60th of the patent law provides the patentee or interested person may request the Administrative Department for patent under the State Council made patent evaluation report. "Requests for patent evaluation reports and evaluation reports should be submitted to the patent request, indicating the patent number.

Each request shall be limited to one franchise. "The evaluation report requests do not comply with the provisions of the patent right, the patent Administration Department under the State Council shall notify the requesting person rectify it within a specified period; expiry of the claimant the correction is not made, the request shall be deemed not.

” Under article 22, the 56th to 57th and amended as: "the Administrative Department for patent under the State Council shall receive patent patent within 2 months of the request made in the evaluation report evaluation report. For the same utility model or design patent, there is more than one claimant requests evaluation of patent rights, the patent Administration Department under the State Council made only one patent evaluation report. No unit or individual may have access to or a copy of the grant evaluation report.

” Under article 23, the 59th to 60th, an additional paragraph, second paragraph: "review request does not comply with the patent law article 19th and 41st article, the patent reexamination Board shall not accept, notify the person making the request in writing and state the reasons.

” Under article 24, the 71st to 72nd, the second paragraph is amended as: "the patent reexamination Board makes its decision, the person requesting invalidation withdraws his request or the request for invalidation is considered withdrawn, the examination of the request for invalidation proceedings terminated. However, the patent review carried out by the Commission in accordance with the review process can be made declaring the patent right invalid or partially invalid if the decision, without terminating the review procedure.

”

25, the addition of an article, as the 73rd article: "the 48th of the patent law (a) did not fully exploit the patent mentioned in item refers to patentees and licensees of its patents or scale cannot meet the domestic demand for the patented products or patented methods. "Patented medicines referred to in 50th of the patent law, refers to the need to address public health problems by the pharmaceutical industry of any patented product or patented process, direct access to the product, including access to patents required to manufacture the product's active ingredient as well as diagnostic products needed to use the product.

”

Under article 26, the 72nd to 74th, amended to read: "requests for granting a compulsory licence, compulsory license for exploitation shall be submitted to the Administrative Department for patent under the State Council request, with justification and attach all supporting documents.

"Compulsory license for exploitation shall request the patent Administration Department under the State Council sent copies of the patentee, the patentee shall, within the time limit specified by the patent Administration Department under the State Council heard; did not reply to the expiry of, without prejudice to the Administrative Department for patent under the State Council to make a decision.

"Reject compulsory license request the patent Administration Department under the State Council decision before the decision to grant a compulsory license, it shall notify the applicant and the patentee intended decisions and the reasons for it. "The 50th of the patent law in accordance with the patent Administration Department under the State Council made a decision to grant a compulsory license shall also meet China concluded or acceded to relevant international treaties with regard to granting a compulsory licence in order to address public health problems regulations, but except for reservations.

”

27, the addition of an article, as the 76th article: "was awarded the franchise units can work with inventors, designers agreed or legally established in its rules and regulations provided for in the patent law article 16th incentives, manner and the amount of remuneration. "Enterprise or institution gives an inventor or creator of the awards, paid, in accordance with the relevant provisions of the financial and accounting systems for processing.

” Under article 28, the 74th to 77th and amended as: "the unit was awarded the franchise with the inventors, design rules and regulations established by the conventions of man is not in the law of patent law provided for in article 16th Award and the amount of, shall, within 3 months from the date of publication of the patent right to the inventor or designer prize.

A money prize for a patent for invention of not less than 3000; a utility patent or design patent bonuses of less than 1000 Yuan. "Due to the inventor or creator's recommendations were adopted by the unit to which it belongs and he belongs, was awarded the franchise units should be preferred to a bonus.

” 29, and will 75th article, and 76th article merged, as 78th article, modified for: "was grant patent of units not and invention people, and design people agreed also not in its law developed of regulations in the provides patent law 16th article provides of paid of way and amounts of, in patent effective term within, implementation inventions patent Hou, annual should from implementation the items invention or practical new patent of business profit in the extraction not below 2% Or from implementation the items appearance design patent of business profit in the extraction not below 0.2%, as paid give invention people or design people, or reference above proportion, give invention people or design people one-time paid; was grant patent of units license other units or personal implementation its patent of, should from charged of using fee in the extraction not below 10%, as paid give invention people or design people.

”

30, by deleting section 77th. Adding a paragraph to article 31, 83rd, as the second paragraph: "patent identification does not meet the provisions of the preceding paragraph, be ordered by the administrative authority for patent Affairs to correct it.

”

Merging article 32, 84th, 85th, as the 84th and amended as: "belonging to the 63rd of the patent law of passing off the patent under the following acts:

"(A) the patent has not been granted the mark patent logo on the product or on its packaging, after a patent right has been declared invalid or terminated after the product or on its packaging label patent identification, or unauthorized products or product packaging marked on the patents of others;

"(Ii), (a) the products referred to in subparagraphs;

"(C) in the product manuals and other materials will not be patented technology or design as patented technology or design patent, patent application called patents, or the unauthorized use of another's patent number, so that the public is involved in technology or design mistake is patented or patent design;

"(D) forging or altering the patent certificate, patent documents or patent application documents;

"(E) other public confusion, was not granted a patent technology or design patent or patented design of the mistaken behavior.

"Patent law in the patent before the end product, obtained by the patented process, direct mark patent logo on the product or on its packaging, after the termination of patent rights offering for sale and sale of the product, not of passing the Patent Act. "Sales did not know was fake patented products, and be able to prove that the products from an approved source, be ordered by the administrative authority for patent Affairs to stop selling, but removal of fine penalties.

” Article 33, the 87th is amended as: "in civil cases, the Court ruled the patent application or patent right to take measures of Conservancy, the patent Administration Department under the State Council shall on receipt of the written application, or the patent number of the ruling and assisting in the implementation of the notification to suspend preserved the right of patent application or patent-related programs. Preservation of the expiration of court no ruling to continue to take measures of Conservancy, the patent Administration Department under the State Council to restore the procedures.

” 34, and increased a article, as 88th article: "State patent administrative sector according to this rules 86th article and 87th article provides suspended about program, is refers to suspended patent application of preliminary review, and real review, and review program, grant patent program and patent invalid declared program; suspended handle gave up, and change, and transfer patent or patent application right procedures, patent pledge procedures and patent term expires Qian of terminated procedures,.

”

Article 35 article 89th, 90th instead and be amended as: "publish the Patent Gazette at regular intervals the patent Administration Department under the State Council, publication or announcement of the following:

"(A) the invention patent application bibliographic data and abstract;

"(B) the substantive examination of the patent application and the patent Administration Department under the State Council for the substantive examination of patent applications for decision;

"(C) the invention after the publication of patent application rejected, withdrawn, deemed to be withdrawn, deemed abandoned, recovery and the transfer;

"(D) the grant of the patent right and patent bibliographic data;

"(E) the abstract of the invention or utility model patent, design patent of a picture or photograph;

"(F) defense-related patents, declassification of secret patent;

"(G) the invalidation of the patent right;

"(H) the termination of patent rights, recovery;

"(I) the transfer of the patent right;

"(J) the recordal of the license contract the patent;

"(11) any hypothecation and preservation of the patent right and their termination;

"(12) the grant of the compulsory license for exploitation of patent;

"(13) where the patentee the name or title and address of the change;

"(14) file of the service;

"(15) the correction made by the patent Administration Department under the State Council; "(16) other related matters.

” Second paragraph of article 36, the 89th to 91st and amended as: "the Administrative Department for patent under the State Council shall provide the Patent Gazette, the invention patent application booklet as well as invention patents, utility model patents and design patents booklet, available for public inspection.

” 37, the addition of an article, as the 92nd article: "the Administrative Department for patent under the State Council in accordance with the principle of reciprocity with other States, regional patent offices or regional Patent Organization exchange of patent documents.

”

Under article 38, the 90th to the 93rd and amended as: "the patent the patent Administration Department under the State Council, and any other formalities, shall pay the following fees:

"(A) the application fee, additional fee for application, publishing and printing costs, claiming the fee;

"(B) the patent application and examination as to substance, reexamination fee;

"(C) the patent registration fee, fee for announcement and printing, fee;

"(D) requests for restoration of rights fee for requesting extension of charges;

"(E) a change in the bibliographic, patent fee for requesting invalidation, fee for requesting evaluation reports. "Pay standard fees listed in the preceding paragraph, by the price Administration Department under the State Council, the financial sector together with the patent Administration Department under the State Council.

” Under article 39, the 92nd to 95th, the first paragraph is amended as: "applicants shall be 2 months from the date of filing or from the date of receipt of the notice of acceptance on 15th, pay the application fee, publishing and printing, and the necessary additional fee for filing application; not paid or not paid in full by the expiration, the application shall be deemed withdrawn.

”

40, by deleting section 94th.

Under article 41, the 97th to the 99th, is revised as follows: "requests for restoration of rights fee shall be paid within the time limit provided for in these rules; not paid or not paid in full by the expiration, shall be deemed not to request.

"Requesting extension of fees shall be paid before the expiry of the relevant term; not paid or not paid in full by the expiration, shall be deemed not to request. "Bibliographic data, patent evaluation report fee for a request and the request for invalidation shall, within 1 month from the date on which the request is made to pay not paid or not paid in full by the expiration, shall be deemed not to request.

” Under article 42, the 98th to the 100th and amended as: "the applicant or patentee to pay the fees provided for in rule difficult, may be proposed in accordance with the provisions of the Administrative Department for patent under the State Council shall be reduced in and postponement of the payment request. A reduction or postponement of the payment approach managed by the financial Department of the State Council in conjunction with the price Department, the patent Administration Department under the State Council.

” 43, and will 101th article, and 103th article, and 105th article first paragraph of part content merged, as 103th article, modified for: "international application of applicants should in Patent Cooperation Treaty second article by said of priority day (chapter referred to priority day) up 30 months within, to State patent administrative sector handle into China national stage of procedures; applicants not in the term within handle the procedures of, in paid grace fee Hou, Can be processed within 32 months from the priority date for entering the Chinese national phase procedure.

”

44, the 101th, 103th, 105th merge part of article content, as the 104th and amended as: "the applicant in accordance with the provisions of the present rule 103th procedure for entering the Chinese national phase, shall comply with the following requirements:

"(A) written statement submitted in Chinese to enter the national phase in China, indicating the international application number and the requested type of patent;

"(B) pay the 93rd article of these rules of application fees, publishing and printing fee, if necessary, pay the surcharge provided for in these rules the 103th;

"(Iii) the international application is filed in a foreign language, description and claim of the original international application submitted, the Chinese translation;

"(D) stated in a written statement concerning entry into the Chinese national phase invention name, name or name and address of the applicant and inventor names, this should work with the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) in line; of the inventor is not indicated in the international application, in the above statement is provided for in the inventor's name;

"(E) the international application is filed in a foreign language, Chinese translations of submitted abstracts, drawings and abstract drawings, a copy of the drawings submitted a copy of the drawings and the abstract, the drawings with text, replace it with the corresponding Chinese word; the international application is filed in Chinese, summaries and abstracts from the international publication submitted a copy of the drawings;

"(F) already dealt with the applicant to the International Bureau during the international phase change, provide documentation of changes after the applicant is given the right to apply for;

"(VII) when necessary to pay the additional fee for application under rule the 93rd article.

"In accordance with the first paragraph of this article (a) through (c) requires, the patent Administration Department under the State Council shall give the application number, date of the international application into the national phase in China (hereinafter referred to as entered), notify the applicant and the international application has entered the national phase in China. "The international application had entered the national phase in China, but not in conformity with the first paragraph of this article (d) through (g) requires, the patent Administration Department under the State Council shall notify the applicant to rectify it within a specified period; the expiration of correction is not made, the application shall be deemed withdrawn.

”

45, will be the 100th article and merging the 102th, as the 105th, is revised as follows: "international application any of the following circumstances, it shall cease in China:

"(A) in the international phase, an international application is withdrawn or is considered withdrawn, or the international application designation was withdrawn to China;

"(B) is not within 32 months from the priority date of the applicant in accordance with the provisions of this rule 103th formalities for entering the Chinese national phase;

"(C) the procedure for entering the Chinese national phase the applicant, but 32 months from the priority date expiry 104th still does not comply with the rules of article (a) to (c) requirement. "In accordance with the preceding paragraph (a) provides that an international application shall cease in China, not to apply the provisions of rule section sixth; in accordance with the preceding subparagraph (b), (c) provides that an international application shall cease in China, not to apply the rule set forth in article sixth of.

” Under article 46, the 104th to 106th and amended as: "the international application in the international phase have been modified, the applicant requested the amended application documents as the basis for the review, shall be submitted within 2 months since entering the changes the Chinese translation. Where the Chinese translation is not submitted within that period, the modification proposed by the applicant in the international phase, the Administrative Department for patent under the State Council will not be considered.

” 47, and will 105th article to 107th article, modified for: "international application involved of inventions has patent law 24th article subsection (a) items or subsection (ii) items by column case one of, in proposed international application Shi for had statement of, applicants should in into China national stage of written statement in the be description, and since into day up 2 months within submitted this rules 30th article third paragraph provides of about proved file; not to description or expires not submitted proved file of, Application of 24th of the patent law shall not apply.

” 48, the addition of an article, as the 109th: "international applications relating to inventions relying on genetic resources, the applicant shall, in the international application entered the national phase in China, explained in a written statement, and fill in the form established by the patent Administration Department under the State Council.

” Article 49, the 107th to 110th, the second paragraph is amended as: "the applicant shall enter within 2 months from the date the payment of required fees; not paid or not paid in full by the expiration, the priority claim shall be deemed not.

”

Deletion of the fourth paragraph. Article 50, the 109th to 112th, modify the first paragraph as follows: "international requirements for acquiring a utility patent application, the applicant may enter within 2 months from the date of the patent application document offered to modify.

”

51, by deleting the 113th, 114th.

In addition, on December 27, 2008 review by the Standing Committee of the national people's Congress to amend People's Republic of China patent law decision of the of the People's Republic of China implementing regulations of the patent law to invoke the People's Republic of China made the appropriate modifications to the provisions of the patent law, and some articles and adjusted the text accordingly.

This decision shall take effect on February 1, 2010.



People's Republic of China implementing regulations of the patent law on the basis of this decision be modified accordingly, republished. People's Republic of China patent law implementation rules
(June 15, 2001, People's Republic of China announced on December 28, 2002, promulgated by Decree No. 306 of the State Council on revising People's Republic of China implementation rules of the patent law, the first amendment of the decision on January 9, 2010 the State Council on changes of People's Republic of China implementation rules of the patent law, the decision of the second amendment)

Chapter I General provisions

Article in accordance with the People's Republic of China patent law (hereinafter referred to as patent law), these rules are formulated.

Second various formalities provided for in the patent law and these implementing regulations, shall be made in written form or other form as specified by the patent Administration Department under the State Council.

Article in accordance with the patent law and these rules the various documents submitted shall be in Chinese; unified provisions of the State of scientific and technical terms, standard should be adopted foreign names, place names, and no unified Chinese translation of technological terms, you should indicate the source.

Submitted in accordance with the patent law and these rules of various certificates and the certificate is in a foreign language, the patent Administration Department under the State Council when deemed necessary, can request the parties within a specified period comes with Chinese translation is not attached to the expiration, as failure to submit the documents and certificates.

Fourth mailing documents to the Administrative Department for patent under the State Council, to date of postmark as the application date; postmark date is not clear, in addition to outside parties are able to prove, by the Administrative Department for patent under the State Council receives the day as the application date. Any document of the patent Administration Department under the State Council, can be served by mail, by personal delivery or by other means.

The parties appoints a patent Agency, documents to the patent Agency; has appointed a patent Agency, the files sent to the contact person specified in the request.

The various documents mailed to the Administrative Department for patent under the State Council, since the paper was issued from the date of 15th and presumed date of receipt of documents by the parties.

According to the Administrative Department for patent under the State Council shall be delivered directly to the file, with the delivery date for delivery day. Documents to the address is not clear, cannot be sent by mail, can be served by making an announcement.

Expiration of 1 month from the date of notice, the document shall be deemed to have been served. The fifth patent law and the first day of any time limit provided for in these rules not included in the period.

Term in years or months, with its corresponding day of the last January as the expiry date; no corresponding day in the month, by the expiry of the last day of the month the day; the expiration day is a statutory holiday, the time limit shall expire on the first business day of the time off in the future.

Sixth Party delayed due to causes of force majeure patent law or provisions of this rule or the term of the time limit specified by the patent Administration Department under the State Council, resulting in the loss of rights, since the obstacle is removed within 2 months from the date, at the latest, within 2 years from the date of the expiry, can restore the right to request the patent Administration Department under the State Council.

Apart from the cases provided for in the preceding paragraph, party due to other justifiable reasons for delays in patent law or provisions of this rule or the term of the time limit specified by the patent Administration Department under the State Council, resulting in the loss of rights can be receipt of the notice of the Administrative Department for patent under the State Council within 2 months from the date of request to restore right to the patent Administration Department under the State Council.

Parties in accordance with this article or the provisions of the second paragraph of request to restore right shall submit requests for restoration of rights, with justification, if necessary, attach all supporting documents, and the loss of rights should deal with the corresponding formalities; restoration of rights in accordance with the provisions of the second paragraph of this article requests should also pay a fee for restoration of Rights requests.

The parties request an extension of the time limit specified by the patent Administration Department under the State Council, shall, before the expiry, to justify the patent Administration Department under the State Council and the relevant procedures.

Provisions of the first paragraph and the second paragraph of this article do not apply article 24th, 29th, 42nd and 68th of the prescribed time limit. Article seventh defence interests require secrecy of patent applications from agencies to accept and review on national defense patent; the Administrative Department for patent under the State Council receives the patent applications relating to defence interests require secrecy, timely transfer of defence Patent Office should be reviewed.

Defense review found no cause for rejection of the patent agencies, and by the decision to grant the patent Administration Department under the State Council National Defense patents. The Administrative Department for patent under the State Council considered his own invention or utility model patent application relates to the interests of national defence other than national security or other vital interests of the need for confidentiality, shall be made in accordance with the decision of the confidential processing of patent applications in a timely manner, and notify the applicant accordingly.

Confidential review of patent application, reexamination and invalidation of the patent right of confidentiality of special procedures, shall be prescribed by the Administrative Department for patent under the State Council.

Eighth by the 20th of the patent law in China completed the invention or utility model, refers to the technical programme completed in China about the substance of the invention or utility model.

Any units or individuals in China to complete the invention or utility model to foreign patent, the patent Administration Department under the State Council shall, in accordance with one of the following ways request confidential review:

(A) apply directly to a foreign patent or international patent application submitted to the relevant foreign agencies shall first request the patent Administration Department under the State Council, and details on its technology program;

(B) the patent after the patent Administration Department under the State Council intends to apply to the foreign patent or international patent application submitted to the relevant foreign agencies, should apply to the foreign patent or to the foreign agency prior to submitting your international patent application concerned request the patent Administration Department under the State Council.

International patent application submitted by the Administrative Department for patent under the State Council, considered and made confidential request for review.

Nineth article State patent administrative sector received in accordance with this rules eighth article provides submitted of requests Hou, after review think the invention or practical new may involved national security or major interests need confidential of, should timely to applicants issued confidential review notification; applicants not in its requests submitted day up 4 months within received confidential review notification of, can on the invention or practical new to foreign application patent or to about abroad institutions submitted patent international application. The Administrative Department for patent under the State Council a confidential review of notice in accordance with the provisions of the preceding paragraph, shall make a timely decision on whether should be kept confidential, and notify the applicant.

The applicant does not submit its request need for confidentiality within 6 months from the date of receipt of the decision, may apply in respect of the invention or utility model to foreign patent or international patent application submitted to the relevant foreign agencies.

Tenth invention of patent law mentioned in the fifth article in violation of the law, excluding only the inventions of its prohibition by law.

11th except as set forth in patent law of 28th and 42nd in the case, said the filing date of the patent law, priority, the priority date.

Date of application referred to in these rules, unless otherwise provided, a refers to the 28th article of the filing date of the patent law.

12th article sixth of the patent law said the implementation of the tasks of the Service invention-creation accomplished by refers to:

(A) inventions made in the job;

(B) the performance of this unit to deliver job tasks for the invention;

(C) retirement, out of the main unit or labor, personnel within 1 year after the termination of the relationship, with the commitment of jobs or the original unit assigned tasks related to the invention.

The units mentioned in the sixth article of the patent law, including temporary work; patent material and technical conditions of the units mentioned in the sixth article, refers to the unit of funding, equipment, components, raw materials or the technical information is not publicly available. 13th referred to in patent law the inventor or creator, is someone who is creative contribution to the substantive features of the invention.

In the process of accomplishing the invention-creation, responsible for the Organization of people, in order to facilitate the use of the material and technical conditions or who are involved in other auxiliary functions, not the inventor or creator.

Article 14th except in accordance with the patent law of the tenth article transfer of patent rights, but due to other causes transfer of patent rights, the Parties shall use all supporting documents or legal instruments to the patent Administration Department under the State Council transferred patent rights.

The patentee patent licensing contracts with others, shall, within 3 months from the date of entry into force of the contract the Administrative Department for patent under the State Council for the record.

The pledge of a patent, by the pledgor and the pledgee jointly to register with the Administrative Department for patent under the State Council pledged.

Chapter II application for patent

15th application for a patent in written form shall submit application documents to the Administrative Department for patent under the State Council in duplicate.

In the form prescribed by the patent Administration Department under the State Council to apply for patent, shall comply with the specified requirements.

Any applicant who appoints a patent Agency to the patent Administration Department under the State Council patent, and any other patent matters, shall submit a power of Attorney, giving delegated authority.

There are 2 or more applicants and no patent Agency, unless otherwise stated in the request, but first as the representative of the applicant as may be specified in the request.

16th for invention, utility model or design patent application shall state in the request the following:

(A) the name of the invention, utility model or industrial design;

(B) the applicant is a Chinese entity or individual, their name, address, zip code, organization code or identity card numbers; the applicant is a foreigner, foreign enterprise or other foreign organization, their name or registered name, nationality or national or region;

(C) the name of the inventor or designer;

(D) any applicant who appoints a patent Agency, the trustee's name, organization code and the patent agent of the specified name, and license number, contact phone number;

(E) claims the right of priority, the applicant to submit the patent application for the first time (hereinafter referred to as the earlier application) the filing date, application number, as well as the original name of the Organization;

(F) signature or seal of the applicant or the patent Agency;

(VII) the application documents listing;

(H) the list of attached files;

(IX) other matters related to the stated needs. 17th specification of the invention or utility model patent application shall clearly state the invention or utility model name, the name should match the name in the request.

Specification shall include the following:

(A) technical field: indicating the technical programme belongs to the technical area requires protection;

(B) background art: indicating the invention or utility model has the understanding, searching and examination of useful background; possible, citing files reflecting such technologies;

(C) contents of invention: stating the invention or utility model to solve technical problems and technical solutions to resolve technical problems and control existing technology clearly state the beneficial effect of the invention or utility model;

(D) Description: description with drawings, briefly describing the drawings;

(E) specific embodiments: specify the applicant considers the invention or utility model has the preferred way when necessary, for example; drawings, control drawings.

The applicant for a patent for invention or utility shall, in accordance with the provisions of the preceding paragraph and order brochures and specifications stated earlier in each section header, unless the nature of the invention or utility model in other ways or order can save the length of instruction and enable others to understand the invention or utility model. Invention or utility model shall be standard terminology, clear statement, and not use "claim ... ...

Referred to ... ... "kind of quotations, and shall not contain any commercial advertising diction. Patent application consists of one or more nucleotide or amino acid sequence, specification shall include compliance with the Administrative Department for patent under the State Council ordered list.

The applicant shall submit the ordered list as a separate part of the description, and as prescribed by the Administrative Department for patent under the State Council submit the copy of the computer readable form of the sequence listing.

Utility model patent application specification shall be protected by the product's shape, structure or combination of drawings.

The 18th several drawings of the invention or utility model shall be in accordance with the "Figure 1, Figure 2,......" be numbered and arranged. Invention or utility model specification reference signs not mentioned in the text of the may not appear in the drawings, photos do not appear in the appended drawing reference signs shall not be mentioned in the description text.

Reference signs for the same component in the application file should be the same.

Drawings, in addition to the required words, but should not contain any other explanatory notes.

19th claim shall record the technical features of the invention or utility model.

Claims there are several claims, shall be numbered with Arabic numerals. Technical terms used in the claims shall be consistent with the terminology used in the manual, there are chemical or mathematical formula, but without illustrations. Apart from the essential, shall not use "instructions ... ... Described in section "or" figure ... ...

As shown in "language. Technical features can be referenced in the claim instructions illustrated in the tag, the tag should be placed in the appropriate technical features and brackets, easy to understand claims.

Reference signs shall not be construed as a restriction on claims.

20th claim shall have an independent claim, and may also have dependent claims.

An independent claim shall outline the invention or utility model technical solutions, record technical features necessary for solving technical problems.

Dependent claims should use additional technical features of the claims to references for further qualification.

21st invention or utility model has the independent claim shall contain a preamble portion and a characterizing portion, in accordance with the following form:

(A) a preamble portion: indicating the required protection of the invention or utility model technical solutions the theme name and invention or utility model topics in common with the closest prior art the essential technical features; (B) a characterizing portion: "characterized by......" or similar expressions, identify invention or utility model is different from the technical features of the closest prior art.

Together, these features and the characteristics of the preamble stated, limited scope of protection of the invention or utility model.

Nature of the invention or utility model does not apply to forms of expression in the preceding paragraph, the independent claim may be written in another way.

An invention or utility model shall have only one independent claim, and write to the same invention or utility model before the dependent claim.

22nd invention or utility model dependent claim shall include the reference portion and a characterizing portion, in accordance with the following form:

(A) a reference portion: indicating the claim number and subject name;

(B) a characterizing portion: stating the additional technical features of the invention or utility. Dependent claim can only refer to the preceding claim or claims.

Refers to two or more claims more of the dependent claims, can refer to the preceding only one claim, and shall not serve as the basis for other multiple dependent claims.

23rd the abstract of the specification shall clearly state the invention or utility model patent application disclosure summary, which clearly state the name of the invention or utility model and the technical fields, and clearly reflect the need to resolve technical issues, technical solutions to solve the problem of points and main uses. The abstract of the specification may contain the chemical formula which best characterizes the invention; the patent application contains drawings, should also provide a picture that best characterizes the invention or utility model technical features illustrated. Photo size and distinctness in the figure down to 4 cm X6 cm, can be clearly distinguished in the plot details. Partial text of the abstract should not exceed 300 words.

Shall not contain any commercial advertising diction in the summary.

24th patented invention relates to biological material, the biological material is not available to the public, and a description of the biological material is insufficient to enable technicians in the field of exploiting the invention, should adhere to the relevant provisions of the patent law and these rules, the applicant shall complete the following formalities:

(A) in application recently or most late in application day (has priority of, refers to priority day), will the biological material of samples submitted state patent administrative sector recognized of preserved units preserved, and in application Shi or most late since application day up 4 months within submitted preserved units issued of preserved proved and survived proved; expires not submitted proved of, the samples considered not submitted preserved;

(B) in the application documents, providing information on the characteristics of the biological material;

(C) relates to patent applications shall, on the request of samples of biological material preserved books and instruction is provided for in the nomenclature of biological material (annotated Latin name), preserving the biological sample company name, address, date of preservation and preservation number; application does not indicate shall rectify it within 4 months from the date of filing; the expiration of correction is not deemed to have been deposited.

25th for invention patent applicants in accordance with this rule article 24th preserved samples of biological material, after the publication of the application for a patent for invention, no unit or individual needs to be involved in patent applications in the biological material for experimental purposes, shall request the patent Administration Department under the State Council, and specify the following:

(A) the name or title and address of the claimant;

(B) the guarantee of biological material is not available to anyone else;

(C) in front of the grant of the patent right, guarantee of use for experimental purposes only.

26th genetic resources referred to in the patent law, refers to human, animal, plant or microorganism containing functional units of heredity and of material of actual or potential value; alleged reliance on genetic resources in the patent law he belongs, refers to the use of the genetic resources, genetic feature he belongs.

Dependent on genetic resources to complete the invention patent, the applicant shall describe in the request and fill in the form established by the patent Administration Department under the State Council.

27th applicant request to protect color, colour drawings or photographs shall be presented.

Applicants each design products should be the need to protect content on the drawings or photographs. 28th article a brief description of the design shall clearly state the product incorporating the design name, purpose, design elements of a design, and specify a picture to show the drawings or photographs of the design points.

View or request protection of colors is omitted, should be briefly stated in the description.

A number of similar designs to the same product application for a design patent, shall be specified in the brief description of one of the basic design.

Brief explanation shall not contain any commercial advertising diction, also cannot be used to explain the product's performance. 29th the patent Administration Department under the State Council deems it necessary, may request a design patent application submitted using products of the design the sample or model. Volume of the sample or model shall not exceed 30 cm x30 cm x30 cm, weighing less than 15 kg.

Perishable, fragile or dangerous goods shall not be submitted as sample or model.

30th article 24th of the patent law in (a) referred to the Government of China recognized international exhibition, refers to the provisions of the Convention on international exhibitions of the international exhibitions Bureau registered or by the recognized international exhibition.

24th of the patent law (b) referred to an academic or technological meeting, refers to the relevant authorities or national academic or technological meeting organized by academic groups.

Patent-pending invention patent law article 24th (I) or (ii) the circumstances listed, the applicant shall make the claim in a patent application, and within 2 months from the date the application submitted for international exhibitions or conferences, issued by the organizational units of the technical meeting of related inventions have been exhibited or published, exhibited or published proof of the date of the file.

Patent-pending invention patent law article 24th (c) circumstances listed, the patent Administration Department under the State Council deems it necessary, may require the applicant to submit certifying documents within a specified period.

Applicants not in accordance with the provisions of the third paragraph of this article made a Declaration and submitting proof of, or not in accordance with the provisions of the fourth paragraph in this section submit certifying documents within the specified period, the application patent law shall not apply the provisions of article 24th. 31st the applicant in accordance with the provisions of the patent law of 30th foreign priority, the copy of the earlier application documents submitted by the applicant shall be certified by the original organization. In accordance with the patent Administration Department under the State agreement with the Organization, the patent Administration Department under the State Council, including through the electronic exchange of access to copies of the earlier application documents, as submitted by the applicant to the accepting institution attesting that extra copies of the earlier application documents.

Requirements of domestic priority, stated in the request of the applicant of the earlier application filing date and application number, as submitted copy of the earlier application documents.

Demand the right to priority, but missing or wrong in the request earlier application filing date, the application number and the original organization in the name of one or two elements, the patent Administration Department under the State Council shall notify the applicant to rectify it within a specified period; the expiration of correction is not made, shall be deemed not to claim priority.

Claiming priority an applicant's names or titles recorded and copies of the earlier application documents that the name does not match the name of the applicant shall submit the certificate of assignment of the right material, the documentation is not submitted, shall be deemed not to claim priority.

Design patent application the applicant foreign priority, the earlier application does not include a brief description of the design, article 28th of the applicant in accordance with the rules of a brief description within the earlier application documents submitted pictures or photographs of the scope, does not affect its priority.

The 32nd in a patent application, the applicant, may require one or more of the priority requirements of multiple priorities, that application of the priority period calculated from the earliest priority date. Applicant requirements of domestic priority, earlier application is for a patent for invention, invention or utility model patent application on the same subject; the earlier application is a utility patent applications, utility models could be made in respect of the same subject or application for a patent for invention.

However, the subsequent application, the earlier application theme, one of the following circumstances, not as a basis for requirements of domestic priority:

(A) has claimed foreign or domestic priority;

(B) the patent has been granted;

(C) it is in accordance with the provisions of the divisional application.

Applicant claims national priority, its application is filed after the date of the earlier application shall be considered withdrawn.

Article 33rd no habitual residence or business office in China the applicant, patent or foreign priority, the patent Administration Department under the State Council when deemed necessary, can be invited to provide the following documents:

(A) the applicant is an individual, their nationality;

(B) the applicant is an enterprise or other organization, the registration documents of the country or region;

(C) the applicant belongs, recognizes that Chinese entities and individuals can follow the same conditions nationals of that State, franchise in the country, priority, and the rights of other patent-related documents.

34th article in accordance with patent law 31st article first paragraph provides, can as a patent application proposed of belongs to a total of invention idea of two items above of invention or practical new, should in technology Shang mutual associated, contains a or multiple same or corresponding of specific technology features, which specific technology features is refers to each items invention or practical new as overall, on existing technology made contribution of technology features. 35th article, in accordance with the patent law of the 31st article specified in the second paragraph, the same products of a number of similar designs filed as one application, on the design of other products should be specified in the brief description of the basic design are similar.

Similar to a design patent application designs shall not be more than 10.

31st of the patent law mentioned in the second paragraph of the same category and set for sale or if you use two or more designs, means that the product belongs to the same categories in the categories table, customarily sold or used, and the designs have the same designing concept of the product.

Two or more industrial designs filed as one application, the sequential number of the design should be marked on each piece the picture of the product incorporating the design drawings or photographs before the name.

Article 36th withdrawals by applicants of patent applications shall be submitted to the Administrative Department for patent under the State Council statement, specify the name of the invention, the application number and filing date.

Statement of withdrawal of the patent application in the patent Administration Department under the State Council made printing preparations for the publication of patent application documents submitted, application files will still be released, however, withdraw the patent application statement shall be published in the Patent Gazette shall be published.

Chapter III examination of patent applications and approvals

37th in the preliminary examination, examination as to substance, reexamination and invalidation procedure, implementation review and trial of any of the following circumstances shall voluntarily withdraw, the parties or any other interested person may request the withdrawal:

(A) close relatives of the parties or their agents;

(Ii) has an interest in a patent application or patent;

(C) has other relations with the party concerned or the agent thereof, might affect impartial examination and hearing;

(D) review of the patent reexamination Board members have been involved in the original application.

38th the patent Administration Department under the State Council receives invention or utility model patent application a request, a description (utility model must include a photo) and claims, or design patent application a request, drawings or photographs of a design and a brief description, and should give clear filing date, application number, and notify the applicant accordingly.

39th patent application has any of the following circumstances, the Administrative Department for patent under the State Council shall not accept, and notify the applicant:

(A) the application for a patent for invention or utility request, description (utility model without drawings) or claims, or the application for a patent for design requests, pictures or photos, a brief description;

(B) is not used in Chinese;

(C) to comply with the first paragraph of this rule 121th;

(D) the name or name is missing in the request, or the missing addresses;

(E) clearly does not comply with the patent law of 18th or 19th of the provisions of article;

(Vi) patent application category (invention, utility model or design) is not clear or is hard to identify. 40th description notes on drawings of description without drawings or missing drawings, the applicant shall, within the time limit specified by the patent Administration Department under the State Council to submit drawings or drawings described in the Declaration for the deletion.

Applicant to submit drawings, to the Administrative Department for patent under the State Council submit or mail the date of filing of the drawings; drawings described in the cancellation, retain the original filing date.

41st where two or more applicants on the same day (refer to the filing date; priority, the priority date) patent applications for the same invention, shall, after receipt of the notice of the Administrative Department for patent under the State Council agree on their applicants.

The same applicant on the same day (date of application) on the same invention both applications for utility model patents and applications for patents for invention shall be respectively when the application for the same invention has been filed another patent; and not documented, in accordance with the patent law of the Nineth article concerning the same invention can only be granted a patent shall be dealt with.

Announcement of the grant of utility model patents the patent Administration Department under the State Council, shall be announced to the applicant in accordance with the provisions of the second paragraph of this article also apply for the description of a patent for invention. Invention patent applications reviewed and found no cause for rejection, the patent Administration Department under the State Council shall notify the applicant to renounce the patent within the prescribed time. Renounced by the applicant, the patent Administration Department under the State Council shall make a decision grant the patent right for invention and notice in conjunction with the announcement of the grant of patent applicants to give up patent declarations.

The applicant does not agree to give up, the patent Administration Department under the State Council shall reject the patent application the applicant did not reply to the expiry, deemed withdrawal of the application for patent for invention.

Utility franchise terminated from the date of announcement of the grant of patent.

42nd patent applications include more invention, utility model or design, the applicant may in the first paragraph of this rule 54th before the expiration of the term, a divisional application to the Administrative Department for patent under the State Council; however, the patent application has been refused, withdrawn or deemed to be withdrawn, and offers a divisional application.

The Administrative Department for patent under the State Council considered a patent application does not comply with the patent law of 31st and 34th or 35th of the provisions in these rules, it shall notify the applicant to modify its application within a specified period the applicant did not reply to the expiry, the application shall be deemed withdrawn.

A divisional application may not change the category of the original application.

Made in accordance with the provisions of this rule 42nd 43rd section of the divisional application, you can retain the original filing date, priority, you can leave the priority date, but not beyond the scope of original records.

The divisional application shall, in accordance with the provisions of the patent law and these rules of registration procedures. Divisional application shall state in the request the original application number and filing date.

When the divisional application is submitted, the applicant shall submit a copy of the original application documents; the original application had priority, and should submit a copy of the priority document of the original application.

44th patent law said a preliminary review by the 34th and 40th refers to examine whether the patent application with patent law the 26th or 27th of files and other necessary documents, the files that conform to the prescribed format, and review the following:

(A) invention patent application whether obviously belongs to patent law fifth article, and 25th article provides of case, whether not meet patent law 18th article, and 19th article first paragraph, and 20th article first paragraph or this rules 16th article, and 26th article second paragraph of provides, whether obviously not meet patent law second article second paragraph, and 26th article fifth paragraph, and 31st article first paragraph, and 33rd article or this rules 17th article to 21st article of provides; (Ii) practical new patent application whether obviously belongs to patent law fifth article, and 25th article provides of case, whether not meet patent law 18th article, and 19th article first paragraph, and 20th article first paragraph or this rules 16th article to 19th article, and 21st article to 23rd article of provides, whether obviously not meet patent law second article third paragraph, and 22nd article second paragraph, and fourth paragraph, and 26th article third paragraph, and fourth paragraph, and 31st article first paragraph, and 33rd article or this rules 20th article, and Article 43rd provisions of the first paragraph, in accordance with the patent law of the Nineth article cannot be patented;
(Three) appearance design patent application whether obviously belongs to patent law fifth article, and 25th article first paragraph subsection (six) items provides of case, whether not meet patent law 18th article, and 19th article first paragraph or this rules 16th article, and 27th article, and 28th article of provides, whether obviously not meet patent law second article fourth paragraph, and 23rd article first paragraph, and 27th article second paragraph, and 31st article second paragraph, and 33rd article or this rules 43rd article first paragraph of provides,

In accordance with article Nineth cannot be patented in the patent law;

(D) the application documents in accordance with the rules of article, the provisions of the first paragraph of article. The Administrative Department for patent under the State Council shall inform applicants will be reviewed, their remarks or corrections within a specified period the applicant did not reply to the expiry, the application shall be deemed withdrawn.

After the applicant has made the comments or corrections, the patent Administration Department under the State Council still considers incompatible with the provisions set out in the preceding paragraph, shall be rejected.

45th in addition to file a patent application, the applicant submitted to the Administrative Department for patent under the State Council and other documents relating to the patent application has any of the following circumstances, considered as not submitted:

(A) without using the prescribed format or do not conform to the provisions;

(B) failing to submit evidence.

The Administrative Department for patent under the State Council shall review comments submitted will be deemed not to notify the applicant. 46th the applicant requests an earlier publication of the patent application shall be submitted to the Administrative Department for patent under the State Council statement.

The Administrative Department for patent under the State Council after a preliminary review of the application, unless it is to be rejected, but should be announced immediately applied for. 47th applicant to use designs products and categories, and announced by the patent Administration Department under the State Council should be used the product incorporating the design classification list.

Does not indicate the use of design of product categories or the type of writing is not clear, the patent Administration Department under the State Council may be supplemented or modified.

48th from the date of publication of the application for a patent for invention until the date of announcement of the grant of a patent, a person does not comply with the patent law of patent applications can be submitted to the Administrative Department for patent under the State Council, and state the reasons.

49th human justified cannot be submitted in application for patent for invention patent law article 36th retrieve information or review information shall be submitted to the Administrative Department for patent under the State Council statement, after obtaining the relevant data for replacement.

50th patent Administration Department under the State Council in accordance with the patent law set forth in article 35th of patent applications for review, it shall notify the applicant.

51st applicant for a patent for invention requests examination as to substance in articles and in receipt of the patent application the patent Administration Department under the State Council into the phase of substantive examination within 3 months from the date of the notice, you can apply for a patent for invention offered to modify.

Utility model or design patent applications within 2 months from the date of application, utility model or design patent applications can be offered to modify.

Applicant on receipt of the Administrative Department for patent under the State Council issued a notice of review on a patent application file is modified, should be pointed out that the notice of defects to be modified. The Administrative Department for patent under the State Council can amend the patent application file text, and symbols that were clearly wrong.

Modify the patent Administration Department under the State Council shall notify the applicant. The 52nd of the invention or utility model patent application specification or modify part of the claim, except a few editorial changes or additions and deletions, a replacement sheet shall be submitted in accordance with the format prescribed by.

Patent application drawings or photographs of a design modification, replacement sheet shall be submitted in accordance with regulations.

53rd in accordance with the provisions of patent law article 38th, after examination as to substance the invention patent application shall be rejected are:

(A) the application belongs to the fifth of the patent law, the 25th article, section or in accordance with the patent law of the Nineth cannot be patented;

(B) the application does not comply with the patent law article, 20th, 22nd and 26th in the first paragraph of article paragraph, fourth and fifth paragraphs, 31st article or the provisions of the second paragraph of this rule 20th;

(C) the modification does not accord with the 33rd article of the patent law of the application, or the divisional application does not comply with the provisions of paragraph one of this article 43rd. The 54th after the notice of the Administrative Department for patent under the State Council issued a patent right may be granted, the applicant shall, within 2 months from the date of receipt of the notification registration.

Regular registration by the applicant, the patent Administration Department under the State Council shall grant the patent right, issue the patent certificate and shall be published.

Does not register the expiry, deemed to have waived the right to patent.

55th confidential review found no cause for rejection of a patent application, the patent Administration Department under the State Council shall make a grant confidential patent decisions, secret patents issued certificates, registration of secret patent related matters.

56th grant of patent right for utility model or design decisions after the 60th of the patent law provides the patentee or interested person may request the Administrative Department for patent under the State Council made patent evaluation report. Requests for patent evaluation reports and evaluation reports should be submitted to the patent request, indicating the patent number.

Each request shall be limited to one franchise.

Franchise evaluation report requests do not comply with the provisions of the Administrative Department for patent under the State Council shall notify the requesting person rectify it within a specified period; expiry of the claimant the correction is not made, the request shall be deemed not. 57th patent Administration Department under the State Council shall receive patent patent within 2 months of the request made in the evaluation report evaluation report. For the same utility model or design patent, there is more than one claimant requests evaluation of patent rights, the patent Administration Department under the State Council made only one patent evaluation report.

No unit or individual may have access to or a copy of the grant evaluation report.

Article 58th of patents the patent Administration Department under the State Council notice errors, patents, monographs, once discovered, should be corrected in a timely manner, and the corrections shall be published.

The fourth chapter reexamination of patent application and the patent right invalidation

59th the patent reexamination Board specified by the patent Administration Department under the State Council of technical experts and legal experts, the head of the Administrative Department for patent under the State Council serves as Chairman of.

60th in accordance with the 41st of the patent law of the patent reexamination Board in accordance with the request for review shall submit a request for reexamination, with justification, if necessary, should also be attached with relevant evidence.

Review request does not comply with the patent law article 19th and 41st article, the patent reexamination Board shall not accept, notify the person making the request in writing and state the reasons.

Review do not comply with the format of the request, the person making the request shall, within the time limit specified by the patent reexamination Board correction; expiry of the correction is not made, the request for re-examination shall be deemed not to propose.

61st requests in the reexamination request or when replying to the notification on re-examination of the patent reexamination Board, you can modify the files of patent applications, however, such amendment shall be only limited to the Elimination of defects pointed out in the decision on rejection or the notification on re-examination.

Amended patent application documents shall be submitted in duplicate. 62nd Patent Reexamination Board accepted the request for reexamination should be referred to the original review of the patent Administration Department under the State Council departments for review.

The original examination Department upon the request of the person making the request, agreed to withdraw the original decision, the patent reexamination Board shall make a decision, and notify the person making the request. After the 63rd the patent reexamination Board shall review and consider request for re-examination does not meet the relevant provisions of the patent law and these implementing regulations, it shall notify the person making the request, requesting a statement within the specified period.

Expired did not respond, the request for re-examination shall be deemed withdrawn; with representations or modifications, the patent reexamination Board still considers does not comply with the provisions of the patent law and these implementing regulations, decision should be made to uphold the original decision of rejection.

After you review the patent reexamination Board, that the original decision is not inconsistent with provisions of the patent law and these implementing regulations, or that the amended patent application documents to eliminate the defects of the original decision that should withdraw the original decision, the original review of the sector to continue to review procedures.

64th the person making the request before the patent reexamination Board makes its decision, may withdraw his request for re-examination.

The person making the request before the patent reexamination Board makes a decision to withdraw his request for re-examination, re-examination procedure terminates. 65th 45th of the patent law in accordance with the provisions of article, declaring the patent right invalid or partially invalid if the request, shall submit to the patent reexamination Board invalidation requests and two copies of the necessary evidence.

Should be combined with all of the evidence submitted in the request for invalidation, specifying the reasons for the request for invalidation, and identify each of the grounds on the basis of evidence.

Qian paragraph by said invalid declared requests of reason, is refers to was grant patent of inventions not meet patent law second article, and 20th article first paragraph, and 22nd article, and 23rd article, and 26th article third paragraph, and fourth paragraph, and 27th article second paragraph, and 33rd article or this rules 20th article second paragraph, and 43rd article first paragraph of provides, or belongs to patent law fifth article, and 25th article of provides, or in accordance with patent law Nineth article provides cannot made patent.

66th invalidation request does not meet the 19th article of the patent law or provisions of this rule 65th, the patent reexamination Board shall not accept it.

After the patent reexamination Board to make a decision on the request for invalidation, again with the same request for invalidation reasons and evidence, the patent reexamination Board shall not accept it.

Does not conform with the provisions of the patent law, article 23rd paragraph requesting invalidation of the design patent invalid on the grounds, but did not submit evidence of conflict of rights, the patent reexamination Board shall not accept it.

Does not conform to the format of the request for invalidation, the request for invalidation shall, within the time limit specified by the patent reexamination Board correction; expiry of the correction is not made, the request for invalidation shall be deemed not to propose. In the 67th after accepting the request for invalidation of the patent Review Committee, the claimant can bring in increased within 1 month from the date of the request for invalidation reasons or additional evidence.

Late add reasons or additional evidence, the patent reexamination Board can not be considered.

68th invalidation of the patent reexamination Board shall be the request and copies of the relevant documents to the patentee, requesting a statement within the specified time limit.

The patentee and the request for invalidation shall respond within a specified period the patent reexamination Board shall transfer document issued notices or the examination of the request for invalidation notices did not reply to the expiration, without affecting the patent reexamination Board hearing.

The 69th in the course of examination of the request for invalidation, patent for invention or utility model patent holder can modify their claims, but may not extend the scope of patent protection.

Patent for invention or utility model patent shall not amend the patent specification and drawings, design patent the patentee may modify images, photographs and a brief description.

70th Patent Reexamination Board upon request of the parties or the needs of the case, you can decide to oral proceedings on the request for invalidation. Patent Reexamination Board decides on the request for invalidation of an oral hearing shall be issued to the parties notice of the oral proceedings, inform the date and place of the oral proceedings.

Parties shall provide a response within the period specified in the notice.

Request for invalidation of the patent reexamination Board to make the oral proceedings did not reply within the time limit specified in the notice, and does not participate in the oral hearing, the request for invalidation shall be deemed withdrawn; the patentee does not participate in the oral hearing, the hearing may be absent.

In the 71st in the examination of the request for invalidation procedures, time limit specified by the patent reexamination Board shall not be extended.

72nd the patent reexamination Board before making a decision on the request for invalidation, person requesting invalidation withdraws his request. Patent Reexamination Board makes its decision, the person requesting invalidation withdraws his request or the request for invalidation is considered withdrawn, the examination of the request for invalidation proceedings terminated.

However, the patent review carried out by the Commission in accordance with the review process can be made declaring the patent right invalid or partially invalid if the decision, without terminating the review procedure.

The fifth chapter of compulsory license for exploitation of patent

73rd 48th of the patent law (a) did not fully exploit the patent mentioned in item refers to patentees and licensees of its patents or scale cannot meet the domestic demand for the patented products or patented methods.

50th of the patent law of the alleged patent medicine, refers to the need to address public health problems by the pharmaceutical industry of any patented product or patented process, direct access to the product, including access to patents required to manufacture the product's active ingredient as well as diagnostic products needed to use the product.

74th requests for granting a compulsory licence, compulsory license for exploitation shall be submitted to the Administrative Department for patent under the State Council request, with justification and attach all supporting documents.

Compulsory license for exploitation shall request the patent Administration Department under the State Council sent copies of the patentee, the patentee shall, within the time limit specified by the patent Administration Department under the State Council heard; did not reply to the expiry of, without prejudice to the Administrative Department for patent under the State Council to make a decision.

Rejected compulsory license request the patent Administration Department under the State Council's decision before the decision to grant a compulsory license, it shall notify the applicant and the patentee intended decisions and the reasons for it.

50th of the patent law in accordance with the patent Administration Department under the State Council made a decision to grant a compulsory license shall also meet China concluded or acceded to relevant international treaties with regard to granting a compulsory licence in order to address public health problems regulations, but except for reservations. 75th 57th of the patent law in accordance with the provisions of article, request the patent Administration Department under the State Council determine the fee amount, the Parties shall submit a letter ruling request and attached documents of the parties fail to reach an agreement.

The Administrative Department for patent under the State Council shall, within 3 months from the date of receipt of the request for ruling, and notify the Parties accordingly.

Chapter Sixth Prize to the inventor or designer of Service invention-creation and compensation

76th was awarded the franchise unit can work with inventors, designers agreed or legally established in its rules and regulations provided for in the patent law article 16th incentives, manner and the amount of remuneration.

Enterprises and institutions gives an inventor or creator of the awards, paid, in accordance with the relevant provisions of the financial and accounting systems for processing. Units of the 77th was awarded the franchise with the inventors, design rules and regulations established by the conventions of man is not in the law of patent law provided for in article 16th Award and the amount of, shall, within 3 months from the date of publication of the patent right to the inventor or designer prize.

A money prize for a patent for invention of not less than 3000; a utility patent or design patent bonuses of less than 1000 Yuan.

Due to the inventor or creator's recommendations were adopted by the unit to which it belongs and he belongs, was awarded the franchise units should be preferred to a bonus. 78th article was grant patent of units not and invention people, and design people agreed also not in its law developed of regulations in the provides patent law 16th article provides of paid of way and amounts of, in patent effective term within, implementation inventions patent Hou, annual should from implementation the items invention or practical new patent of business profit in the extraction not below 2% or from implementation the items appearance design patent of business profit in the extraction not below 0.2%, as paid give invention people or design people, or reference above proportion,

Gives an inventor or creator a one-time reward was awarded the franchise license other unit or individual to exploit the patent, should be extracted from the fees charged by no less than 10%, and gives an inventor or creator as remuneration.

The seventh chapter VII protection of patent right

79th patent law or administrative authorities for patent Affairs referred to in these rules refers to the province, autonomous region or municipality directly under the people's Governments and patent management and practical capacity of district municipal people's Government established by the administrative authority for patent Affairs.

80th the patent Administration Department under the State Council shall set forth the administrative authority for patent Affairs handling patent infringement disputes, investigate patent counterfeiting patent disputes, mediation work.

81st party concerned requests handling patent infringement or patent dispute mediation, by the party who is located or the infringement of the patent department.

Two or more administrative authorities for patent work have jurisdiction over a patent dispute, the parties concerned may request to one of the administrative authority for patent Affairs; the parties to two or more administrative authorities for patent Affairs having jurisdiction requests that first accepted the jurisdiction of the administrative authority for patent Affairs.

Administrative authorities for patent Affairs to the jurisdiction dispute, common higher level people's Government by the administrative authority for patent Affairs under no common superior administrative authority for patent Affairs, and jurisdiction specified by the patent Administration Department under the State Council.

The 82nd in the processing of patent infringement, the person filing the request the request for invalidation is accepted by the patent reexamination Board, may request the administrative authority for patent Affairs to suspend the disposal.

Administrative authorities for patent work considers the suspension of the person filing the request argument is clearly not valid may not be discontinued.

83rd article 17th of the patent law in accordance with the provisions of the patentee, on the patented product or on the packaging of the product indicated on the patent identified shall be marked in accordance with the Administrative Department for patent under the State Council.

Patent identification does not meet the provisions of the preceding paragraph, be ordered by the administrative authority for patent Affairs to correct it.

84th article belongs to the 63rd of the patent law of passing off the patent under the following acts:

(A) the patent has not been granted the mark patent logo on the product or on its packaging, after a patent right has been declared invalid or terminated after the product or on its packaging label patent identification, or unauthorized products or product packaging marked on the patents of others;

(B) sales (a) products referred to in subparagraphs;

(C) in the product manuals and other materials will not be patented technology or design as patented technology or design patent, patent application called patents, or the unauthorized use of another's patent number, so that the public is involved in technology or design mistake is patented or patent design;

(D) forging or altering the patent certificate, patent documents or patent application documents;

(E) other public confusion, was not granted a patent technology or design patent or patented design of the mistaken behavior.

Patent law in the patent before the end product, obtained by the patented process, direct mark patent logo on the product or on its packaging, after the termination of patent rights offering for sale and sale of the product, not of passing the Patent Act.

Sales do not know is the product of passing off the patent and can prove that the products are legitimate sources, be ordered by the administrative authority for patent Affairs to stop selling, but removal of fine penalties.

85th article apart from the patent provisions of the 60th, and administrative authorities for patent Affairs upon request of the parties, can be carried out on the following patent disputes mediation:

(A) the right of patent application and patent ownership disputes;

(B) qualification of the inventor, design disputes;

(C) the inventor, designer of the Service invention-creation incentives and remuneration disputes;

(D) after publication of the patent application before the grant of patent right use the invention without paying the proper fee disputes;

(E) other patent disputes.

For the former subparagraph (d) listed in dispute may, at the request of the administrative authority for patent Affairs to mediate, it should be submitted after the grant of the patent right.

86th parties due to the ownership of the right of patent application or patent right disputes, has requested the administrative authorities for patent work for mediation or court, could request the Administrative Department for patent under the State Council to suspend the procedure.

Requesting the discontinuation of the procedure prescribed in the preceding paragraph, shall submit a request to the patent Administration Department under the State Council, and the administration of patent work sector or the people's Court stated about accepted file copies of the application or patent number. Made by the administrative authority for patent Affairs of mediation or court judgement after the entry into force, the parties to the Administrative Department for patent under the State Council shall resume the relevant procedure formalities. Within 1 year from the date of request aborted, disputes relating to ownership of the right of patent application or patent right has failed to close need to discontinue the proceedings, the petitioner shall, within the period requested extension of the suspension.

Does not request an extension of the expiry, the patent Administration Department under the State Council to restore the procedures. 87th in civil cases, the Court ruled the patent application or patent right to take measures of Conservancy, the patent Administration Department under the State Council shall on receipt of the written application, or the patent number of the ruling and assisting in the implementation of the notification to suspend preserved the right of patent application or patent-related programs.

Preservation of the expiration of court no ruling to continue to take measures of Conservancy, the patent Administration Department under the State Council to restore the procedures.

88th the patent Administration Department under the State Council to the rules for the 86th 87th and the discontinuation of the procedure prescribed in article, refers to suspend preliminary reviews, substantive examination of the patent application, reexamination proceedings, patenting procedures and invalidation procedures; suspending waiver, modification, transfer rights to a patent or patent application procedure, patent pledge procedures and termination procedures before the patent expiration.

Eighth chapter, patent registration and Patent Gazettes

89th set patent register the patent Administration Department under the State Council, registered the following matters relating to patent applications and patents:

(A) the grant of the patent right;

(B) patent application right, transfer of the patent right;

(C) any hypothecation and preservation of the patent right and their termination;

(Iv) patent license contract of record;

(E) the invalidation of the patent right;

(F) termination of patent rights;

(G) the restoration of the patent right;

(H) the compulsory license for exploitation of patent;

(I) the patentee the name or the name, nationality and address changes.

90th publish the Patent Gazette at regular intervals the patent Administration Department under the State Council, publication or announcement of the following:

(A) the invention patent application bibliographic data and abstract;

(B) the substantive examination of the patent application and the patent Administration Department under the State Council for the substantive examination of patent applications for decision;

(C) the invention after the publication of patent application rejected, withdrawn, deemed to be withdrawn, deemed abandoned, recovery and the transfer;

(D) the grant of the patent right and patent bibliographic data;

(E) summary of the specification of the invention or utility model patent, design patent of a picture or photograph;

(F) defense-related patents, declassification of secret patent;

(G) the invalidation of the patent right;

(H) the termination of patent rights, recovery;

(I) the transfer of the patent right;

(J) the recordal of the license contract the patent;

(11) any hypothecation and preservation of the patent right and their termination;

(12) the grant of the compulsory license for exploitation of patent;

(13) where the patentee the name or title and address of the change;

(14) the file service;

(15) the correction made by the patent Administration Department under the State Council;

(16) other related matters.

91st article shall provide the Patent Gazette, the patent Administration Department under the State Council for a patent for invention monographs as well as invention patents, utility model patents and design patents booklet, available for public inspection.

92nd patent Administration Department under the State Council in accordance with the principle of reciprocity with other States, regional patent offices or regional Patent Organization exchange of patent documents.

Nineth chapter fee

The 93rd and to the patent Administration Department under the State Council when applying for patent and other formalities, shall pay the following fees:

(A) the application fee, additional fee for application, publishing and printing costs, claiming the fee;

(B) the patent application and examination as to substance, reexamination fee;

(C) the patent registration fee, fee for announcement and printing, fee;

(D) requests for restoration of rights fee for requesting extension of charges;

(E) change in the bibliographic data, patent fee for requesting invalidation, fee for requesting evaluation reports.

Standards of payment of the fees listed in the preceding paragraph, by the price Administration Department under the State Council, the financial sector together with the patent Administration Department under the State Council.

94th fees provided for in the patent law and these implementing regulations, can be directly paid to the patent Administration Department under the State Council, or through the post office or bank remittance or other methods to pay prescribed by the patent Administration Department under the State Council. Through the post office or bank remittance, should be communicated to the Administrative Department for patent under the State Council on write the correct order of application number or the name patent number and the payment of fees.

Does not meet the requirements of this subsection, shall be deemed not to apply for payment.

Directly to the fees the patent Administration Department under the State Council, to the payment the same day as the payment date; the post office remittance fees, remit to the post office postmark as the payment date; the bank remittance fees, to actual bank remitted payment date.

Patent fee is paid, heavy, wrong payment, the parties may, within 3 years from the date the payment, refund request to the Administrative Department for patent under the State Council, the Administrative Department for patent under the State Council shall be refunded.

95th applicant shall be 2 months from the date of filing or from the date of receipt of the notice of acceptance on 15th, pay the application fee, publishing and printing, and the necessary additional fee for filing application; not paid or not paid in full by the expiration, the application shall be deemed withdrawn.

The applicant claims the right of priority, shall pay an application fee and payment of required fees; not paid or not paid in full by the expiration, shall be deemed not to claim priority.

96th Parties requesting substantive examination or a review of, within the time limit prescribed in the patent law and these implementing regulations related to fees; not paid or not paid in full by the expiration, shall be deemed not to request.

97th when the applicant for registration, shall pay the patent registration fee, fee for announcement and printing and patented that year's annual fee; not paid or not paid in full by the expiration, shall be deemed not to apply for registration. 98th patent right shall be granted after that year's annual fee shall be paid before the expiration of the previous year.

Patent people not paid or not paid foot of, State patent administrative sector should notification patent people since should paid years fee expires of day up 6 months within fill paid, while paid late fees; late fees of amount according to each over provides of payment time 1 months, added received when full years fee of 5% calculation; expires not paid of, patent since should paid years fee expires of day up terminated.

99th article requests for restoration of rights fee shall be paid within the time limit provided for in these rules; not paid or not paid in full by the expiration, shall be deemed not to request.

Requesting extension of fees shall be paid before the expiry of the relevant term; not paid or not paid in full by the expiration, shall be deemed not to request.

Bibliographic data, patent evaluation report fee for a request and the request for invalidation shall, within 1 month from the date on which the request is made to pay not paid or not paid in full by the expiration, shall be deemed not to request. 100th applicant or patentee to pay the fees provided for in rule difficult, may be proposed in accordance with the provisions of the Administrative Department for patent under the State Council shall be reduced in and postponement of the payment request.

A reduction or postponement of the payment approach managed by the financial Department of the State Council in conjunction with the price Department, the patent Administration Department under the State Council.

The tenth chapter concerning the international application special requirements

101th patent Administration Department under the State Council under patent law the 20th article, acceptance of international patent application under the Patent Cooperation Treaty.

In accordance with the Patent Cooperation Treaty and specified international application for patent in China (hereinafter referred to as the international application) into the processing stage of the patent Administration Department under the State Council (hereinafter referred to as entry into the Chinese national phase) the conditions and procedure for applying the provisions of this chapter; not provided for in this chapter, apply the relevant provisions of the patent law and other chapters of these rules.

The 102th determined in accordance with the Patent Cooperation Treaty International China and specify the date of filing of the international application, as a patent application to the patent Administration Department under the State Council, and the international filing date shall be deemed the filing date of the patent referred to in article 28th.

103th article international application of applicants should in Patent Cooperation Treaty second article by said of priority day (chapter referred to priority day) up 30 months within, to State patent administrative sector handle into China national stage of procedures; applicants not in the term within handle the procedures of, in paid grace fee Hou, can in since priority day up 32 months within handle into China national stage of procedures.

104th applicant in accordance with the rules provided for in the 103th procedure for entering the Chinese national phase, shall comply with the following requirements:

(A) written statement submitted in Chinese to enter the national phase in China, indicating the international application number and the requested type of patent;

(B) pay the 93rd article of these rules of application fees, publishing and printing fee, if necessary, pay the surcharge provided for in these rules the 103th;

(Iii) the international application is filed in a foreign language, description and claim of the original international application submitted, the Chinese translation;

(D) written statement concerning entry into the Chinese national phase clearly state the name of the invention, name or name and address of the applicant and inventor names, this should work with the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) in line; of the inventor is not indicated in the international application, in the above statement is provided for in the inventor's name;

(E) the international application is filed in a foreign language, Chinese translations of submitted abstracts, drawings and abstract drawings, a copy of the drawings submitted a copy of the drawings and the abstract, the drawings with text, replace it with the corresponding Chinese word; the international application is filed in Chinese, summaries and abstracts from the international publication submitted a copy of the drawings;

(Vi) have done to the International Bureau during the international phase the applicant change, provide documentation of changes after the applicant is given the right to apply for;

(VII) when necessary to pay the additional fee for application under rule the 93rd article.

Subject to this paragraph (a) to (c) requires, the patent Administration Department under the State Council shall give the application number, date of the international application into the national phase in China (hereinafter referred to as entered), notify the applicant and the international application has entered the national phase in China.

The international application has entered the national phase in China, but not in conformity with the first paragraph of this article (d) through (g) requires, the patent Administration Department under the State Council shall notify the applicant to rectify it within a specified period; the expiration of correction is not made, the application shall be deemed withdrawn.

The 105th international application any of the following circumstances, it shall cease in China: (A) in the international phase, an international application is withdrawn or is considered withdrawn, or the international application designation was withdrawn to China;
(B) is not within 32 months from the priority date of the applicant in accordance with the provisions of this rule 103th formalities for entering the Chinese national phase;

(C) the procedure for entering the Chinese national phase the applicant, but 32 months from the priority date expiry 104th still does not comply with the rules of article (a) to (c) requirement.

In accordance with the preceding paragraph (a) provides that an international application shall cease in China, not to apply the provisions of rule section sixth; in accordance with the preceding subparagraph (b), (c) provides that an international application shall cease in China, not to apply the rule set forth in article sixth of. 106th international applications in the international phase have been modified, the applicant requested the amended file as the basis for the review of an application, shall be submitted within 2 months since entering the changes the Chinese translation.

Where the Chinese translation is not submitted within that period, the modification proposed by the applicant in the international phase, the Administrative Department for patent under the State Council will not be considered.

107th article international application involved of inventions has patent law 24th article subsection (a) items or subsection (ii) items by column case one of, in proposed international application Shi for had statement of, applicants should in into China national stage of written statement in the be description, and since into day up 2 months within submitted this rules 30th article third paragraph provides of about proved file; not to description or expires not submitted proved file of, its application not applies patent law 24th article of provides. 108th applicants in accordance with the provisions of the Patent Cooperation Treaty, has already described the preservation of samples of biological material, article 24th could be deemed to have been met (c) requirements.

Applicants should indicate in the statement concerning entry into the Chinese national phase samples of biological material preserved items recorded files, as well as the specific location of the record in the file. International application submitted by the applicant in the original samples of biological material preserved items recorded in the manual, but not specified in the statement concerning entry into the Chinese national phase, should be within 4 months since entering the corrections.

Expiration of the correction is not made, the biological material shall be deemed to have been deposited.

Applicant within 4 months since entering the Administrative Department for patent under the State Council submitted samples of biological material preserved evidence and proof of survival, as in the 24th article of these rules (a) submitted within the stipulated period.

109th international applications relating to inventions relying on genetic resources, the applicant shall, in the international application entered the national phase in China, explained in a written statement, and fill in the form established by the patent Administration Department under the State Council.

110th in the international phase the applicant has requested one or more rights of priority, at the time of entering the national phase in China, the priority will continue to be effective, is deemed to have been submitted written statements in accordance with the provisions of the patent law of 30th.

Within 2 months from the date the applicant shall enter the payment fee; not paid or not paid in full by the expiration, the priority claim shall be deemed not. The applicant in the international phase, in accordance with the provisions of the Patent Cooperation Treaty, submitted copy of the earlier application documents, the formalities for entering the Chinese national phase procedures do not need to submit copies of the earlier application documents to the Administrative Department for patent under the State Council.

The applicant did not submit copies of the earlier application in the international phase, the Administrative Department for patent under the State Council deems it necessary, may inform the applicant within a specified period to pay applicant does not pay the expiration of, the priority claim shall be deemed not to put forward. 111th article prior to the expiration of 30 months from the priority date request the Administrative Department for patent under the State Council in advance and review international application of the applicant in addition to the formalities for entering the Chinese national phase procedure, should also be in accordance with the provisions of the Patent Cooperation Treaty, article 23rd paragraph requests.

The International Bureau has not yet been transmitted to the Administrative Department for patent under the State Council an international application, the applicant shall submit a certified copy of the international application.

112th international requirements for acquiring a utility patent application, the applicant may enter within 2 months from the date of the patent application document offered to modify.

International applications for invention patents, apply the provisions of paragraph one of this article 51st.

113th applicant found to be submitted specification, claims or there is an error in the Chinese translation of the text of the drawings, you can text in accordance with the original international application within the time limit specified in the following correction:

(A) published in the Administrative Department for patent under the State Council for a patent for invention or announced before preparations for utility model patents;

(B) in receipt of the patent application the patent Administration Department under the State Council into the phase of substantive examination within 3 months from the date of the notice.

Applicant to correct translation errors, it shall submit a request in writing and pay the prescribed translation correction fee.

The applicants ask for correction of the notice of the Administrative Department for patent under the State Council: Yes, should be within the specified time limit for the procedures provided for in the second paragraph of article; provisions expire without formalities of the application shall be deemed withdrawn.

The 114th international application for patent for invention, upon preliminary examination, the patent Administration Department under the State Council considers to be the patent law and the provisions of these rules, shall be published in the Patent Gazette; international application is filed in a language other than the text, shall be released to the Chinese translation of the application documents.

International applications for invention patents, international publication by the International Bureau in the Chinese language, from the date of international publication of 13th of the patent law shall apply provisions carried out by the International Bureau text in a language other than international publication, applicable as from the date of publication of the patent Administration Department under the State Council of 13th of the patent law provisions.

For international applications, patent law, the 21st and 22nd of that announcement is released under the terms of the first paragraph of this article.

115th international application contains two or more inventions or utility models, the applicant can enter the date, in accordance with the provisions of the first paragraph of this rule 42nd made a divisional application. In international stage, international retrieved units or international preliminary review units think international application not meet Patent Cooperation Treaty provides of single sex requirements Shi, applicants not according to provides paid additional fee, led to international application some part without international retrieved or without international preliminary review, in into China national stage Shi, applicants requirements will by said part as review based, State patent administrative sector think international retrieved units or international preliminary review units on invention single sex of judge right of, Shall notify the applicant pay a fee for single recovery within a specified period.

Expiration is not paid or not paid, in the international application has not been part of the search or the international preliminary examination shall be deemed withdrawn. 116th article international application in international stage was about international units refused to give international application day or announced considered withdrawn of, applicants in received notification of day up 2 months within, can requests International Council will international application archives in the any file of copy referred to the State patent administrative sector, and in the term within to State patent administrative sector handle this rules 103th article provides of procedures, State patent administrative sector should in received International Council transfer of file Hou,

Review of international units make the right decision.

117th patent based on the international application, due to a translation error, leading 59th of the patent law shall be determined in accordance with the scope of protection beyond the scope expressed in the original text of the international application, subject to the according to limit the scope of protection of the original; the scope of protection is less than the scope expressed in the original text of the international application, is subject to authorization scope of protection.

The 11th chapter by-laws

118th agreed by the Administrative Department for patent under the State Council, any person may inspect or copy have been published or announced patent files and patent register, and may request the Administrative Department for patent under the State Council issued the patent register copies.

Has been deemed to be withdrawn, rejected and withdrawn patent applications files the patent application after the expiration of 2 years from the date of expiration is not stored.

Have been abandoned or declared void and terminates all patent cases, since the patent shall not be preserved after the expiration of 3 years from the date of failure.

119th submitted application documents to the Administrative Department for patent under the State Council or for the various procedures, should be determined by the applicant, the patentee or other interested person or his or her representative signature or seal; appointed a patent Agency, stamped by the patent Agency.

Change the name of the inventor, patent applications and the patent holder's name or the name, nationality and address of the patent agency names, addresses, and agents shall be submitted to the Administrative Department for patent under the State Council for the bibliographic procedures, together with evidence of sufficient reasons for the change.

120th mailed to the Administrative Department for patent under the State Council documents relating to patent application or patent right shall be by registered letter, not by parcel.

Than the first files a patent application, submitted documents, the patent Administration Department under the State Council for the various procedures, shall be indicated in the application, or the patent number, invention name and the applicant's or patentee name or title.

A letter should contain only the files in the same application. 121th all application documents shall be typed or printed, writing in black, neat and clear, and should not be altered.

Drawings shall be drawn in black ink with the drawing tools, the lines should be even clearer, and should not be altered.

Request, description, claims, drawings and abstract shall be numbered separately in Arabic numerals. Application file text part of horizontal writing.

Limited to one side of the paper.

122th patent Administration Department under the State Council under the patent law and these rules, the development of guidelines for patent examination. 123th these rules shall come into force on July 1, 2001. December 12, 1992, the State Council approved the amendments on December 21, 1992, issued by the Patent Office of the People's Republic of China implementing regulations of the patent law be repealed simultaneously.