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The State Council On Amending The People's Republic Of China Implementation Rules Of The Patent Law Decision Of The

Original Language Title: 国务院关于修改《中华人民共和国专利法实施细则》的决定

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(December 28, 2002 People's Republic of China promulgated by Decree No. 368, promulgated as of February 1, 2003) decision of the State Council on June 15, 2001, published by the People's Republic of China implementing regulations of the patent law as follows: one of the 101th is amended as: "the applicant of the international application shall be the priority date of the Patent Cooperation Treaty referred to in article (this chapter referred to as the" priority date ") within 30 months, The Administrative Department for patent under the State Council for international applications entering the national phase in China the following formalities: (a) submit its written statement of the international application into the national phase in China. Statement in the should stated international application,, and to Chinese stated requirements get of patent type, and inventions of name, and applicants name or name, and applicants of address and invention people of name, above content should and International Council of records consistent; (ii) paid this rules 90th article first paragraph provides of application fee, and application additional fee and announced printing fee; (three) international application to Chinese yiwai of text proposed of, should submitted original international application of manual, and right requirements book, and drawings in the of text and summary of Chinese translation The international application is filed in Chinese, a copy of the abstract in the international publication shall be submitted to and (iv) where the international application contains drawings, a copy of the drawings shall be submitted.     The international application is filed in Chinese, in the international publication shall be submitted to a summary of a copy of the drawings. The applicant within the time limit prescribed in the preceding paragraph is not for entering the Chinese national phase, after the payment of surcharge, 32 months from the priority date before the expiration of the corresponding process. "B, 108th is revised as follows:" 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.     "This decision shall take effect on February 1, 2003.         People's Republic of China implementing regulations of the patent law in accordance with this decision be amended accordingly promulgated anew.     Attachment: People's Republic of China implementation rules of the patent law (June 15, 2001 People's Republic of China promulgated by Decree No. 306, published, on December 28, 2002, the State Council on changes of People's Republic of China implementation rules of the patent law, the revision of the decision) 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.     Invention patent law article II, refers to the product, a process or an improvement that the new technical solutions.     The claimed utility of the patent law, refers to the product's shape, structure, or a combination thereof ' is fit for practical use of new technical solutions.     Design patent law said, refers to the product's shape, design or a combination thereof, as well as color and shape, pattern, made by the combination of aesthetic feeling and new design suitable for industrial applications.     Article all formalities stipulated in the patent law and these rules, shall be made in written form or other form as specified by the patent Administration Department under the State Council.     Fourth, 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.     Article fifth 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. Sixth the patent law and these rules the first day of any time limit does not count 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 expiry day is a legal holiday, the first work day after the holiday as the expiration date.     Article seventh 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, you can state the reasons and the patent Administration Department under the State Council shall attach all supporting documents, requesting reinstatement of rights.     Party due to 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 Administrative Department for patent under the State Council within 2 months from the date on which the notice of the Administrative Department for patent under the State Council an explanation, requesting reinstatement of rights.     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 62nd of the prescribed time limit.     Article eighth invention patent applications involving national defense secrets should be kept confidential, accepted by the body on national defense patent; accept the patent Administration Department under the State Council of Defense of State secrets should be kept confidential for a patent for invention, shall be handed over to defence Patent Office review by the Administrative Department for patent under the State Council National Defense Patent Office review decisions.     Apart from the provisions of the preceding paragraph, after accepting an application for invention patent the patent Administration Department under the State Council, shall transmit the need to apply for a confidential review of relevant competent departments of the State Council review relevant competent authorities shall, within 4 months from the date of receipt of the application, inform the Administrative Department for patent under the State Council will review the results; the need for confidentiality, and by the Administrative Department for patent under the State Council in accordance with the confidential processing of patent applications, and notify the applicant accordingly.     Nineth patent law in violation of national law referred to in article fifth creation, not including its implementation into national law only prohibited by the invention.     Tenth article except as provided in article 28th and 42nd of the patent law 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 stipulated by refers to article 28th of the filing date of the patent law.     11th article patent law sixth article by said implementation this units of task by completed of positions inventions, is refers to: (a) in job in the made of inventions; (ii) perform this units delivered of job zhiwai of task by made of inventions; (three) former, and retired or mobilization work Hou 1 years within made of, with in original units bear of job or original units distribution of task about of inventions.     Patent law referred to in article sixth of the unit, including temporary work; patent law of material and technical resources of the entity referred to in article sixth, refers to the unit of funding, equipment, components, raw materials or the technical information is not publicly available. 12th 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.     13th also inventions can only be granted a patent.     In accordance with the provisions of patent law article Nineth, two or more applicants on the same day the same invention patent, shall, after receipt of the notice of the Administrative Department for patent under the State Council agree on their applicants.     14th Chinese units or individuals, the transfer of the right of patent application or patent right to foreigners, by the competent foreign economic and Trade Department of the State Council in conjunction with the science and Technology Administration Department under the State Council for approval.     15th article in accordance with article tenth of the patent law the 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 change of the patentee.     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.     Chapter II application for patents article 16th 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.    17th article patent law 26th article second paragraph by said requests book in the of other matters, is refers to: (a) applicants of nationality; (ii) applicants is enterprise or other organization of, its headquarters location of national; (three) applicants delegate patent agent institutions of, should indicate of about matters; applicants not delegate patent agent institutions of, its contact people of name, and address, and postal code and the contact phone; (four) requirements priority of, should indicate of about matters; (E) the signature or seal of the applicant or the patent Agency; (vi) the application documents list; (VII) list of attached documents; (VIII) other needs to indicate the relevant matters. 18th 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.     Manual should including following content: (a) technology field: stated requirements protection of technology programme belongs of technology field; (ii) background technology: stated on invention or practical new of understanding, and retrieved, and review useful of background technology; has may of, and citation reflect these background technology of file; (three) invention content: stated invention or practical new by to solution of technology problem and solution its technology problem used of technology programme, and control existing technology stated invention or practical new of useful effect;     (D) Description: description with drawings, briefly describing the drawings; (e) the 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.     Article 19th invention or utility model a few drawings can be drawn on a piece of paper and follow the "Figure 1, Figure 2,......" be numbered and arranged.     The scale and the distinctness of the drawings, shall be such that when the figure reduced to two-thirds can still be clearly distinguished in the plot details. 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.     Article 20th claim shall state the technical features of the invention or utility model, clearly and concisely the scope of protection.     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.     Article 21st claims 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. 22nd article invention or practical new of independent right requirements should including Qian sequence part and features part, according to following provides wrote: (a) Qian sequence part: stated requirements protection of invention or practical new technology programme of theme name and invention or practical new theme and most close of existing technology total of necessary technology features; (ii) features part: using "its features is......" or similar of terms, stated invention or practical new difference Yu most close of existing technology of technology features.     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.     Article 23rd invention or utility model dependent claim shall include the reference portion and a characterizing portion, written according to the following provisions: (a) a reference portion: indicating the claim number and the subject name, (ii) 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.     24th 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 x 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. 25th article application patent of invention involved new of biological material, the biological material public cannot get, and on the biological material of description not enough to makes belongs field of technicians implementation its invention of, except should meet patent law and this rules of about provides outside, applicants also should handle following procedures: (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; (ii) in application file in the, provides about the biological material features of information; (three) involved biological material samples preserved of patent application should in requests book and manual in the stated the biological material of classification named (indicate Latin name), and preserved the biological material samples of units name, and address, and preserved date and preserved number     Application does not indicate when shall rectify it within 4 months from the date of filing; the expiration of correction is not deemed to have been deposited.     26th article invention patent application people in accordance with this rules 25th article of provides preserved biological material samples of, in invention patent application announced Hou, any units or personal need will the patent application by involved of biological material as experiment purpose using of, should to State patent administrative sector proposed requests, and stated following matters: (a) requests people of name or name and address; (ii) not to other anyone provides the biological material of guarantee; (three) in grant patent Qian, only as experiment purpose using of guarantee.     27th article in accordance with the patent law of 27th of designs submitted drawings or photographs shall be not less than 3 cm x8 cm and not more than 15 cm x x22 cm.     Applications for patent for design seeking concurrent protection of colors, color shall be submitted in two copies of drawings or photographs.     Applicants each design products should be the need to protect the contents of these views or photographs, clearly shows the request-protected object.     28th to apply for a design patent, brief explanation of the design shall, if necessary, be indicated. Brief explanation of the design shall clearly state the use of the design of the product design, request to protect color, omission of the view.     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.     Article 30th 22nd of the patent law mentioned in the third paragraph of existing technology, refer to the filing date (priority, the priority date) first published in domestic and foreign publications, publicly used in the country or otherwise known technologies, existing technologies.     24th of the patent law of 31st article (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 of application, on the 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.     Applicant are not in accordance with the provisions of the second paragraph of this article made a Declaration and submitting proof of, or not in accordance with the provisions of the third paragraph in this section submit certifying documents within the specified period, the application patent law shall not apply the provisions of article 24th. Article 32nd Applicant shall be handled in accordance with the patent law of 30th priority procedures, should be provided for in a written statement the first patent application (hereinafter referred to as the earlier application) filing date, application number and of the admissibility of the application state is not indicated in a written statement earlier application filing date and country of the admissibility of the application, shall be deemed not to make a declaration.     Foreign priority, the copy of the earlier application documents submitted by the applicant should be proved by the original acceptance authority; in the documentation submitted, at the applicant's name or the name and the later name does not match the name of the applicant, shall submit the certificate of assignment of the right materials; requires domestic priority, the copy of the earlier application documents submitted by the applicant should be made by the Administrative Department for patent under the State Council.     33rd 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, when the later application was introduced, one of the themes of the earlier application under any of the following circumstances, not as a basis for requirements of domestic priority: (a) has claimed foreign or domestic priority; (b) has been granted a patent, (iii) 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. 34th article in China no often homes or Office of applicants, application patent or requirements foreign priority of, State patent administrative sector think necessary Shi, can requirements its provides following file: (a) nationality proved; (ii) applicants is enterprise or other organization of, its Office or headquarters location of proved file; (three) applicants of belongs country, admitted China units and personal can according to the country national of equal conditions, in the country enjoys patent, and     Of the right of priority and other patent-related documents.     35th 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.     Article 36th 31st of the patent law mentioned in the second paragraph of the same category, refers to product belonging to the categories table in the same class; complete sets sold or used, refers to the product of the same designing concept and practices is also on sale, as well as use.     In accordance with the patent law of 31st article provides for two or more industrial designs filed as one application, the design should be numbered sequentially in each name prior to using the product incorporating the design view.     37th the applicant withdraw the patent application 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.     Third chapter patent application of review and approved 38th article in preliminary review, and real review, and review and invalid declared program in the, implementation review and trial of personnel has following case one of of, should itself avoided, party or other interest relationship people can requirements its avoided: (a) is party or its agent of near relatives of; (ii) and patent application or patent has interest relationship of; (three) and party or its agent has other relationship, may effect just review and trial of;     (D) review of the patent reexamination Board members have been involved in the original application.     Received the patent Administration Department under the State 39th article invention or utility model patent application a request, a description (utility model must include a photo) and claims, or design patent application request and after the drawings or photographs of a design and should give clear filing date, application number, and notify the applicant accordingly.     40th article patent application file has following case one of of, State patent administrative sector not accepted, and notification applicants: (a) invention or practical new patent application missing requests book, and manual (practical new no drawings) and right requirements book of, or appearance design patent application missing requests book, and pictures or photos of; (ii) not using Chinese of; (three) not meet this rules 120th article first paragraph provides of; (four) requests book in the missing applicants name or name and the address of;     (E) not obviously in the 18th or 19th of the patent law provisions of the first paragraph of article; (vi) patent application category (invention, utility model or design) is not clear or is hard to identify. 41st 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.     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 35th or 36th 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 shall not exceed the scope of the original application.     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 article patent law 34th article and 40th article by said preliminary review, is refers to review patent application whether has patent law 26th article or 27th article provides of file and other necessary of file, these file whether meet provides of format, and review following the: (a) invention patent application whether obviously belongs to patent law fifth article, and 25th article of provides, or not meet patent law 18th article, and 19th article first paragraph of provides, or obviously not meet patent law 31st article first paragraph, and 33rd article, and this rules second article first paragraph, and 18th article, and 20th article of provides; (ii) practical new patent application whether obviously belongs to patent law fifth article, and 25th article of provides, or not meet patent law 18th article, and 19th article first paragraph of provides, or obviously not meet patent law 26th article third paragraph, and fourth paragraph, and 31st article first paragraph, and 33rd article, and this rules second article second paragraph, and 13th article first paragraph, and 18th article to 23rd article, and 43rd article first paragraph of provides,     Or in accordance with patent law Nineth article provides cannot made patent; (three) appearance design patent application whether obviously belongs to patent law fifth article of provides, or not meet patent law 18th article, and 19th article first paragraph of provides, or obviously not meet patent law 31st article second paragraph, and 33rd article, and this rules second article third paragraph, and 13th article first paragraph, and 43rd article first paragraph of provides, or in accordance with patent law Nineth article provides cannot made patent. 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.     Article 45th files a patent application, the applicant submitted to the Administrative Department for patent under the State Council and other documents relating to the patent application, 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. Article 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 in accordance with the patent law 27th appearance article used when designing the 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 to the date of the 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 to 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 The Administrative Department for patent under the State Council in accordance with the patent law set forth in article 35th of the 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, it should be modified in accordance with the requirements of the notice. 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. 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 article in accordance with patent law 38th article of provides, invention patent application by real review should be dismissed of case is refers to: (a) application not meet this rules second article first paragraph provides of; (ii) application belongs to patent law fifth article, and 25th article of provides, or not meet patent law 22nd article, and this rules 13th article first paragraph, and 20th article first paragraph, and 21st article second paragraph of provides, or in accordance with patent law Nineth article provides cannot made patent of;     (C) the application does not comply with the patent law article 26th or 31st, fourth paragraph the provisions of article; (d) the modification does not comply with the patent law of the application article 33rd, 43rd or the divisional application does not comply with the rules specified in the first paragraph of article. 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 granted utility model patent right after the announcement of the decision, utility model patent holder may request the Administrative Department for patent under the State Council made utility patent search report. Request for utility model patent search reports, shall submit a request, indicating utility model patents the patent number.     Each request shall be limited to one utility model patents. The Administrative Department for patent under the State Council upon receipt of the utility model patent search reports requested, should be reviewed.     Request does not meet the requirements, it shall notify the requesting person rectify it within a specified period.     56th, upon examination, request for utility model patent search report in conformity with the provisions and the Administrative Department for patent under the State Council shall promptly make utility patent search report.     Search, the patent Administration Department under the State Council believed that the utility model patent does not comply with the patent law relates to article 22nd novel or innovative provisions, ought to cited documents, giving reasons, and shall attach a copy of the cited documents.     57th to patent the patent Administration Department under the State Council notice errors, patent documents, once discovered, should be corrected in a timely manner, and the corrections shall be published.     Chapter fourth Patent Reexamination and invalidation of patent right article 58th Patent Reexamination Board specified by the patent Administration Department under the State Council of technology experts and legal experts, and by the head of the Administrative Department for patent under the State Council serves as Chairman of.     Article 59th 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 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.     Section 60th 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. Article 61st of the patent reexamination Board shall accept the request for reexamination to the original review of the patent Administration Department under the State Council authorities 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. 62nd after the patent reexamination Board to 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.     63rd 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. 64th 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 22nd article, and 23rd article, and 26th article third paragraph, and fourth paragraph, and 33rd article or this rules second article, and 13th article first paragraph, and 20th article first paragraph, and 21st article second 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.     65th invalidation requests that do not comply with these rules article 64th, 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.     Patented designs with any prior's legitimate right to request invalidation of the design patent invalid on grounds of conflict, but could prove a conflict of rights that are not submitted to the entry into force of the decision or judgement, 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. 66th the patent reexamination Board after accepting the request for invalidation, 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.     67th 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.     68th 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.     69th 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 70th in the examination of the request for invalidation procedures, time limit specified by the patent reexamination Board shall not be extended.     71st requests for invalidation of the patent reexamination Board to make a decision, person requesting invalidation withdraws his request.     Person requesting invalidation withdraws his request before the patent reexamination Board makes the decision, examination of the request for invalidation proceedings terminated.     Fifth chapter v compulsory license for exploitation of patent section 72nd after the expiration of 3 years from the date of grant of the patent right, any unit can be stipulated in 48th of the patent law, request the patent Administration Department under the State Council granting a compulsory licence.      Requesting compulsory licenses, 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 in duplicate.     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; the expiration of unanswered, without prejudice to the Administrative Department for patent under the State Council made the decision on compulsory licensing. The Administrative Department for patent under the State Council made the decision to grant a compulsory license shall restrict the implementation of compulsory licensing is mainly to supply the domestic market needs; compulsory licenses relates to inventions in semiconductor technology, the compulsory license for public non-commercial use only, or a judicial or administrative procedure for relief for their anti-competitive behaviour. 73rd 54th 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. Sixth chapter of the invention inventor or designer of the award and compensation article 74th was awarded the patent rights of State-owned enterprises and institutions 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 2000 Yuan; a utility patent or design patent bonuses of less than 500 Yuan.     Due to the inventor or creator's recommendations were adopted by the unit to which it belongs and he belongs, is granted a patent right of State-owned enterprises and institutions shall favorably award.     Bonuses issued to inventor or creator, the enterprise can be counted as a cost, institutions from operating expenses would be covered by. 75th was awarded the patent rights of State-owned enterprises and institutions in the term franchise, after the implementation of inventions and patents a year shall, in the implementation of the invention or utility model patent profits after taxes is not less than 2% or from the implementation of the patent in respect of the profits after taxes is not less than 0.     2%, the inventor or creator as remuneration; or reference the above ratio, to the inventor or designer for a one-time reward.     76th State-owned enterprises and institutions was awarded the franchise license other unit or individual to exploit the patent, from toll taxes charged by the licensee of the patented extract is not less than 10% as remuneration the inventor or creator.     77th on bonuses and compensation provisions of this chapter, other Chinese entities can refer to the implementation.     Seventh chapter VII protection of patent rights 78th patent law and the administrative authority 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.     79th article except patent law 57th article provides of outside, management patent work of sector should party requests, also can on following patent disputes for mediation: (a) patent application right and patent belonging disputes; (ii) invention people, and design people qualification disputes; (three) positions invention of invention people, and design people of award and paid disputes; (four) in invention patent application announced Hou patent grant Qian using invention and not paid appropriate costs of disputes.     For the former subparagraph (d) disputes listed, patent holder requests the administrative authority for patent Affairs conciliation should be submitted after the grant of the patent right.     80th the patent Administration Department under the State Council shall set forth the administrative authority for patent Affairs handling patent disputes and mediation work.     81st party concerned requests handling or mediation of patent disputes, 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.     82nd in the processing of patent infringement dispute, 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 section 15th 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 marking shall be marked in accordance with the Administrative Department for patent under the State Council. 84th article following behavior belongs to fake others patent of behavior: (a) without license, in its manufacturing or sales of products, and products of packaging Shang mark others of patent,; (ii) without license, in advertising or other publicity material in the using others of patent,, makes people will by involved of technology errors think is others of patent technology; (three) without license, in contract in the using others of patent,, makes people will contract involved of technology errors think is others of patent technology; (four) forged or variable made others of patent certificate, and     Patent documents or patent application documents. 85th article following behavior belongs to to non-patent products posing as patent products, and to non-patent method posing as patent method of behavior: (a) manufacturing or sales standard has patent mark of non-patent products; (ii) patent was declared invalid Hou, continues to in manufacturing or sales of products Shang mark patent mark; (three) in advertising or other publicity material in the will non-patent technology called patent technology; (four) in contract in the will non-patent technology called patent technology; (five) forged or variable made patent certificate, and     Patent documents or patent application documents.     86th parties due to the ownership of the right of patent application or patent right disputes, has requested the administrative authorities for patent Affairs or to a people's Court, may 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 affix the patent department or court concerned accept a copy of the file. The administrative authorities for patent Affairs made decision or court judgment 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 found that the patents to preservation, the patent Administration Department under the State Council in assisting in the implementation of the stop was to preserve the franchise when the procedures.     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.     Eighth chapter patent registration and Patent Bulletin 88th article State patent administrative sector set patent registration book, registration following and patent application and patent about of matters: (a) patent of grant; (ii) patent application right, and patent of transfer; (three) patent of pledge, and preservation and lifted; (four) patent implementation license contract of record; (five) patent of invalid declared; (six) patent of terminated; (seven) patent of recovery;     (H) the compulsory license for exploitation of patent; (IX) where the patentee the name or change of name, nationality and address.     89th article State patent administrative sector regularly published patent bulletin, announced or announcement following content: (a) patent application in the records of description matters; (ii) invention or practical new manual of summary, appearance design of pictures or photos and briefly description; (three) invention patent application of real review requests and State patent administrative sector on invention patent application itself for real review of decided; (four) confidential patent of decrypt; (five) invention patent application announced Hou of dismissed, and withdrawn and considered withdrawn; (Six) patent of grant; (seven) patent of invalid declared; (eight) patent of terminated; (nine) patent application right, and patent of transfer; (10) patent implementation license contract of record; (11) patent of pledge, and preservation and lifted; (12) patent implementation of forced license of give; (13) patent application or patent of recovery; (14) patent people of name or name, and address of change; (15) on to     Notification of address unknown parties; (16) the correction made by the patent Administration Department under the State Council, (17) other related matters.     Invention or utility model specification and drawings, claims by the Administrative Department for patent under the State Council shall be separately published in full. Nineth chapter costs 90th article to State patent administrative sector application patent and handle other procedures Shi, should paid following costs: (a) application fee, and application additional fee, and announced printing fee; (ii) invention patent application real review fee, and review fee; (three) patent registration fee, and announcement printing fee, and application maintained fee, and years fee; (four) description matters change fee, and priority requirements fee, and recovery right requests fee, and extended term requests fee, and practical new patent retrieved report fee; (five) invalid declared requests fee, and suspended drive     Order fee for requesting compulsory license fee for a request for ruling requests, compulsory license fees.     Standards of payment of the fees listed in the preceding paragraph, by the price Administration Department under the State Council together with the patent Administration Department under the State Council.    91st 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. Post Office remittance fees, remit to the post office postmark as the payment date.     Bank remittance fees, actual remittance to Bank as the payment date, but remitted to the patent Administration Department under the State Council received more than 15th day, in addition to certificates issued by the post office or Bank, received by the Administrative Department for patent under the State Council as the payment date.     Patent fee is paid, heavy, wrong payment, the party concerned may within 1 year from the date of payment, refund request to the Administrative Department for patent under the State Council.     92nd after receiving acceptance notice, the applicant shall, at the latest within 2 months from the date on which the application for payment of application fees, printing costs and necessary additional fee for publishing; 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.     93rd parties request a review examination as to substance, the restoration of rights or should be 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.     94th invention since the expiration of 2 years from the date of filing of patent applications that have not been granted a patent, since the third year of application maintenance fee shall be paid. 95th when the applicant for registration, shall pay the patent registration fee, fee for announcement and printing and patented that year's annual fee. The applicant for a patent for invention shall pay application maintenance fees each year, granting the patent right is not included. Expiration fees are not paid, shall be deemed not to apply for registration.     Subsequent annual fees shall be within 1 month before the expiry of the previous year, paid in advance.     96th article patent people not on time paid grant patent when yihou of years fee or paid of amounts insufficient 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.     97th article Description matters change fee, and practical new patent retrieved report fee, and suspended program requests fee, and forced license requests fee, and forced license using fee of ruling requests fee, and invalid declared requests fee should since proposed requests of day up 1 months within, according to provides paid; extended term requests fee should in corresponding term expires of recently paid; expires not paid or not paid foot of, considered not proposed requests. 98th 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.     Reduction of tax or measures shall be formulated by the Administrative Department for patent under the State Council finance departments, the price Administration Department under the State Council.     Tenth chapter concerning the international application special provisions article 99th the patent Administration Department under the State Council according to the 20th of the patent law provides that processing 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) conditions and procedures for entering the Chinese national phase of 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.     100th 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 filing date referred to in article 28th of the patent law.     In the international phase, an international application or on the designation of China in the international application withdrawn, or deemed to be withdrawn, the international application shall cease in China. Patent of the applicant shall 101th international cooperation the priority date referred to in article II of the Treaty (in this chapter referred to as the "priority date") within 30 months, the patent Administration Department under the State Council for international applications entering the national phase in China the following formalities: (a) submit its written statement of the international application into the national phase in China. Statement in the should stated international application,, and to Chinese stated requirements get of patent type, and inventions of name, and applicants name or name, and applicants of address and invention people of name, above content should and International Council of records consistent; (ii) paid this rules 90th article first paragraph provides of application fee, and application additional fee and announced printing fee; (three) international application to Chinese yiwai of text proposed of, should submitted original international application of manual, and right requirements book, and drawings in the of text and summary of Chinese translation The international application is filed in Chinese, a copy of the abstract in the international publication shall be submitted to and (iv) where the international application contains drawings, a copy of the drawings shall be submitted.     The international application is filed in Chinese, in the international publication shall be submitted to a summary of a copy of the drawings.     The applicant within the time limit prescribed in the preceding paragraph is not for entering the Chinese national phase, after the payment of surcharge, 32 months from the priority date before the expiration of the corresponding process.     102th article applicants in this rules 101th article second paragraph provides of term within not handle into China national stage procedures, or in the term expires Shi has following case one of of, its international application in China of effectiveness terminated: (a) into China national stage statement in the not stated international application, of; (ii) not paid this rules 90th article first paragraph provides of application fee, and announced printing fee and this rules 101th article second paragraph provides of grace fee of;     (C) the international application is filed in a language other than the text and did not submit the original international application description and claims the Chinese translation.     Effect of international applications in China have been terminated, and seventh article of these rules shall not apply.     103th article applicants handle into China national stage procedures Shi has following case one of of, State patent administrative sector should notification applicants in specified term within correction: (a) not submitted summary of Chinese translation or summary copy of; (ii) not submitted drawings copy or summary drawings copy of; (three) not in into China national stage statement in the to Chinese stated inventions of name, and applicants name or name, and applicants of address and invention people of name of;     (Iv) the content or format of the statement concerning entry into the Chinese national phase does not meet the requirements.     Expiration of applicant the correction is not made, the application shall be deemed withdrawn. 104th international applications in the international phase have been modified, the applicant requested the amended file as the basis for the review of an application, the applicant shall, in the Administrative Department for patent under the State Council to make preparations for national publication to submit 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. 105th article applicants handle into China national stage procedures Shi, also should meet following requirements: (a) international application in the not specified invention people of, in into China national stage statement in the specified invention people name; (ii) international stage to International Council has handle applicants change procedures of, should provides change Hou of applicants enjoys application right of proved material; (three) applicants and as priority based of prior application of applicants not same people, or proposed prior application Hou change name of, necessary Shi,     Should provides application people enjoys priority of proved material; (four) 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, should in into China national stage statement in the be description, and since handle into China national stage procedures of day up 2 months within submitted this rules 31st article second paragraph provides of about proved file. The applicant does not meet the preceding paragraph (a), (b) and (c) requirements, the patent Administration Department under the State Council shall notify the applicant to rectify it within a specified period.     Expiration of correction is not (a) or (b), the application shall be deemed withdrawn; the expiration of correction is not (c), the priority claim shall be deemed not to submit.     The applicant does not meet the first paragraph of this section (iv) requirements, his application of 24th of the patent law shall not apply. 106th applicants in accordance with the provisions of the Patent Cooperation Treaty, has already described the preservation of samples of biological material, article 25th 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 the formalities for entering the Chinese national phase within 4 months from the date of correction.     Expiration of the correction is not made, the biological material shall be deemed to have been deposited.     Applicants for entering the Chinese national phase within 4 months from the date of submission of samples of biological material preserved the patent Administration Department under the State Council certificates and proof of survival, as in the article 25th (a) submitted within the stipulated period.     107th 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 patent law article 30th. During the international phase the applicant priority written statement made clerical errors or does not indicate the application number of the earlier application, be submitted when formalities for entering the Chinese national phase correction request or indicate the application number of the earlier application.    Applicants submit a correction request, shall pay the correct priority claim requests. 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.     Applicant did not pay at the expiry, the priority claim shall be deemed not to put forward.     Priority claim in the international phase, considered and endorsed by the International Bureau to publish the information, justified by the applicant, the formalities for entering the Chinese national phase, request the patent Administration Department under the State Council to resume its priority. 108th before 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.     109th international requirements for acquiring a utility patent application, the applicant may in the formalities for entering the Chinese national phase within 1 month of the date, the patent Administration Department under the State Council to amend the description, drawings and claims.     International applications for invention patents, apply the provisions of paragraph one of this article 51st.     110th article applicants found submitted of manual, and right requirements book or drawings in the of text of Chinese translation exists errors of, can in following provides term within in accordance with original international application text proposed corrected: (a) in State patent administrative sector for good national announced of prepared work zhiqian; (ii) in received State patent administrative sector issued of invention patent application into real review stage notice of day up 3 months within.     Correcting translation errors of the applicant, shall submit a written request, delivers the correct page, 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.     111th 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 13th of the patent law shall apply; Chinese characters by the International Bureau to the international publication of text, effective as of the date of publication of the patent Administration Department under the State Council 13th of the patent law shall apply.     For international applications, patent law, 21st and 22nd of that announcement is released under the terms of the first paragraph of this article.     112th international application contains two or more inventions or utility models, the applicant after the formalities for entering the Chinese national phase, in accordance with the provisions of the first paragraph of this rule 42nd may submit 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.     113th applicant submitted in accordance with the provisions of this rule 101th documents and payment of fees, to the patent Administration Department under the State Council receives the file date of submission date, received date as the date of payment of the fee. Documents submitted by postal delay, since the discovery of delays within 1 month from the date of the applicant show that the file is already present on the date of expiry of the period prescribed by rule 101th 5th delivery by mail, the document shall be deemed received on the expiration of the day.     However, applicants provide proof of time not later than 6 months after the expiry of the period prescribed by rule 101th. Applicant in accordance with the provisions of rule section 101th submitted to the Administrative Department for patent under the State Council document, you can use the fax. The applicant by fax, to the Administrative Department for patent under the State Council for receipt of faxed submission date. The applicant shall send a fax within 14th of the Administrative Department for patent under the State Council submitted a faxed copy of the original.     Expiration does not present the original document, shall be deemed not to submit the file.     114th international applications claim priority, in formalities for entering the Chinese national phase, the applicant shall pay a fee for claiming priority; is not paid or not paid, the patent Administration Department under the State Council shall notify the applicant within the time limit specified by the pay expires is not paid or not paid in full, the priority claim shall be deemed not. 115th 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 101th 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.     116th patent based on the international application, due to a translation error, 56th 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 article 117th 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.     118th submitted application documents to the Administrative Department for patent under the State Council or the various formalities, you should use the uniform format on the Administrative Department for patent under the State Council, 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.     119th article 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.     Apart from the application documents for the first time, and various documents submitted to the Administrative Department for patent under the State Council, and handle various formalities, shall be indicated in the application, or the patent number, invention names and the applicant or the patentee, or name.     A letter should contain only the files in the same application. 120th all the application documents shall be typewritten or printed writing 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.     121th the patent Administration Department under the State Council in accordance with the patent law and these rules to develop the guidelines for patent examination. 122th these rules shall enter into force on July 1, 2001.  Approval of the State Council on December 12, 1992, revised 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.