Purposes Of The Revised Patent Law Implementation Rules Of Transitional Arrangements

Original Language Title: 施行修改后的专利法实施细则的过渡办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259033.shtml

Purposes of the revised patent law implementation rules of transitional arrangements

    (January 21, 2010 the State intellectual property office, the 54th published come into force on February 1, 2010) first in order to protect published on January 9, 2010, the State Council on changes of People's Republic of China implementation rules of the patent law, the execution of the decision, in accordance with the legislative provisions of article 84th, these measures are formulated. Article prior to implementing regulations of the patent law shall apply to the filing date of February 1, 2010 (excluding this day) of the patent application and the patent application for the grant of the patent; modifications of the implementing regulations of the patent law shall apply after February 1, 2010, the date of filing (including that date, the same below) patent applications and the patent applications granted patents

    But following on these measures before February 1, 2010, the date of filing of the patent application and except for special provisions according to the application for the grant of a patent.

    After February 1, 2010 article does not conform with the provisions of the patent law, article 23rd paragraph of the grounds for the request for invalidation, applicable to the examination of the request for invalidation modified 66th of the implementing regulations of the patent law of the provisions of the third paragraph.

    Fourth request invalidation after February 1, 2010, apply to the examination of the request for invalidation 72nd of the implementing regulations of the patent law as modified the provisions of the second paragraph of article.

    Fifth International patent application the applicant after February 1, 2010 for entering the Chinese national phase, the international application can be used to modify provisions of the implementing regulations of the patent law after the tenth chapter.

    Article sixth after February 1, 2010, request the State intellectual property office to suspend the relevant procedure, implementing rules for the application of the revised patent law provisions of 93rd and 99th, no longer pay fees for requests for suspension of the program.

    After February 1, 2010 requesting refunds paid, heavy, wrong payment of patent fees, implementing rules for the application of the revised patent law article 94th provisions of the fourth paragraph.

    After February 1, 2010, pay the application fee, publishing and printing fee and additional fee for application, implementing rules for the application of the revised patent law provisions of 95th.

    After February 1, 2010, registration procedures for patent right may be granted, implementing rules for the application of the revised patent law provisions of 93rd and 97th, no longer pay a fee for the maintenance of the application. Seventh article this way come into force on February 1, 2010.