Provisions on patent electronic application (August 26, 2010 national intellectual property Council makes 57th, announced since October 1, 2010 up purposes) first article to specification and through Internet transmission and to electronic file form proposed of patent application (following referred to patent electronic application) about of program and requirements, convenient applicants submitted patent application, improve patent approval efficiency, advance electronic Chief construction, in accordance with People's Republic of China patent law implementation rules (following referred to patent law implementation rules) second article and 15th article second paragraph,
These provisions are formulated.
Second patent electronic application shall first signed with the State intellectual property office the patent electronic application system user registration agreement (hereinafter referred to as the user).
Offering patented electronic applied for a patent Agency shall be in the name of the patent agency user agreement with the State intellectual property office.
The applicant has appointed a user agreement with the State intellectual property office patent Agency to carry out the patent electronic application services without any additional user agreement with the State intellectual property office.
Article there are two or more applicants and no patent Agency, as the representative of the applicant to submit electronic applications.
Article fourth invention, utility model and design patent applications may be made in electronic file format.
In accordance with the provisions of the second paragraph of article 101th of the implementing rules of the patent law into the Chinese national phase patent application submitted by electronic file format.
In accordance with the first paragraph of article 101th of the implementing rules of the patent law provides to the international application for a patent by the State intellectual property Bureau, these rules do not apply.
Article fifth patented inventions relating to national security or other vital interests require secrecy, patent application should be submitted in paper form. Applicant in electronic file format for patent applications, the State intellectual property Office considers that the patent application should be kept confidential, the patent application should be converted into paper form to continue to examine and notify the applicant accordingly.
In follow-up procedures, the applicant various documents should be submitted in paper form.
In accordance with the eighth article of the implementing regulations of the patent law (a) directly to a foreign applicant for a patent or submitted to the relevant institutions abroad the international patent application, applicants to the State intellectual property Office's confidential request for review and technology programmes should be submitted in paper form. Article sixth patent electronic application and related documents, shall comply with the provisions of the file formats, data standards, practices, and transport.
Patent electronic application and related files has not been received by the State intellectual property office patent electronic application system normal, regarded as not submitted. Article the applicant for the patent electronic filing procedures, related files should be submitted in electronic form. Except as otherwise provided, the State intellectual property Office does not accept the applicants relevant documents submitted in paper form.
Not in conformity with the provisions of this paragraph, documents regarded as not submitted.
Patent applications in paper form and be accepted, involving national security or other vital interests of the need for confidentiality of patent applications, the applicant can request a patent for converting paper applications into electronic application.
Special circumstances need to be patented electronic paper applications for transfer to the application, the applicant shall request, approved by the State intellectual property office and go through the relevant formalities can be converted to paper applications. Article the applicant for the patent electronic filing procedures, patent law and its implementing regulations or set out in the guidelines for patent examination of relevant documents should be submitted in its original form, the applicant may submit the electronic scanning of the original file.
The State intellectual property Office considers it necessary, may require the applicant to submit the original within a specified period. Applicants in patent electronic application request reduction or postponement of payment of the costs of the provisions of the implementing regulations of the patent law related documents need to be submitted, shall submit the patent application documents submitted at the time the electronic scanning of the original file.
Not submitted electronically scanned documents, shall be deemed not to submit the relevant supporting documents.
Nineth electronic file the various documents submitted to the State intellectual property office, the State intellectual property office patent electronic filing system as the application date the date of receipt of electronic files.
Patent electronic application, State intellectual property office in the form of electronic documents to the applicant a notice, decision or other document, since the paper was issued from the date of 15th, presumed to date on which the applicant receives the file.
Tenth patent law and its implementing rules and the guidelines for patent examination of patent applications and related documents in all provisions, except to be submitted in paper form-specific patent applications and related documents in addition to the provisions, are applicable to the patent electronic application.
11th article of the regulation by the State intellectual property office is responsible for the interpretation. 12th these provisions come into force on October 1, 2010. 35th February 12, 2004, State intellectual property Office on electronic patent application, published in the regulations repealed simultaneously.
