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The Provisions On Electronic Patent Application

Original Language Title: 关于电子专利申请的规定

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(February 12, 2004, State intellectual property Office of the 35th release) first in order to regulate the patent applications filed in electronic form through the Internet (hereinafter referred to as the electronic patent applications) the procedures and requirements, in accordance with article III of the implementing regulations of the patent law and the 16th article, these provisions are formulated.
    Electronic patent application under article II, shall first signed with the State intellectual property Office on electronic patent application system user registration agreement (hereinafter referred to as the user).
    Launching the e-patent 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 business of electronic patent application without user agreement with the State intellectual property office.
    Third invention, utility model and design patent applications through electronic document form.
    In accordance with article 99th of the implementing regulations of the patent law the provisions of the second paragraph of patent procedure international applications entering the national phase in China, may be made in electronic form of documents submitted to the 101th provision of the implementing regulations of the patent law.
    In accordance with article 99th of the implementing regulations of the patent law provisions of the first paragraph to the international application for a patent by the State intellectual property Bureau, these rules do not apply. Article fourth of electronic patent applications and related documents, shall abide by the user agreement provided for the file formats, data standards, practices, and transport.
    Does not comply with the above requirements, electronic patent applications and related documents not received by electronic patent application system normal, electronic patent application inadmissible documents considered as not submitted. Five patent applications in paper form and the applicant is admissible, in the proceedings against the patent application documents shall be submitted in paper form. Except as otherwise provided, the State intellectual property Office does not accept the applicants relevant documents submitted in electronic form.
    Not in conformity with the provisions of this paragraph, considered as not submitted. Electronic patent applications submitted and accepted by the applicant, in respect of the patent application procedure related documents shall 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, considered as not submitted.
    Article the applicant electronic patent application and are accepted, patent law and its implementing regulations and provided for in the guidelines for the review of relevant documents must be submitted in its original form, the applicant shall submit the electronic scanning of the original text/images, and rules or to submit the original within a specified time limit. Article electronic patent applications submitted by the applicant and received by the State intellectual property office in accordance with the patent law and its implementing regulations require files the date of filing of a patent application. State intellectual property Office receives the application within the prescribed payment of the patent after the filing fee, issue to the applicant a notice of acceptance.
    Applicant to submit patent application documents provided for in line with the patent law and its implementing rules, but not pay patent fees within the prescribed period, State intellectual property Office issued a notice at the same time, give notice of deemed withdrawal. Article eighth of electronic patent application, shall pay a fee for patent applications through the Internet and other related expenses.
    Except as otherwise provided, electronic patent application fees shall be paid according to the current fee amount specified in the standard.
    Nineth electronic patent application, the State intellectual property office in the form of electronic documents to the applicant notices, decisions and other documents, the applicant shall, in accordance with the provisions of the user agreement means.
    Tenth patent law and its implementing rules and guidelines for the review of all provisions relating to patent applications and related documents, except to be submitted in paper form-specific patent applications and related documents in addition to the provisions are applicable to electronic patent application.
                        11th the provisions interpreted by the State intellectual property office.