Implementing Regulations of the Patent Law of the People's Republic of China (2010 Revision)

Chapter I General Provisions

Article 1 These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).

Article 2 The various formalities provided for in the Patent Law and these Rules shall be carried out in writing or in other forms prescribed by the administrative department for patent under the State Council.

Article 3 All documents submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; where the State has uniform scientific and technological terms, standard words shall be used; where there is no uniform Chinese translation of foreign names, place names and scientific and technological terms, the original text shall be indicated.

If the various certificates and supporting documents submitted in accordance with the Patent Law and these Rules are in foreign languages, the patent administration department under the State Council may, when it deems it necessary, require the parties concerned to attach a Chinese translation within a specified time limit; if they are not attached at the expiration of the time limit, the certificate and supporting documents shall be deemed not to have been submitted.

Article 4 For all documents mailed to the administrative department for patent under the State Council, the date of submission shall be the date of the postmark; if the date of the postmark is not clear, the date of receipt by the administrative department for patent under the State Council shall be the date of submission, unless the party concerned can provide proof.

Various documents of the patent administration department under the State Council may be served on the parties by post, direct delivery or other means. If the party entrusts a patent agency, the document shall be sent to the patent agency; if the patent agency is not entrusted, the document shall be sent to the contact person specified in the request.

For various documents mailed by the administrative department for patent under the State Council, the expiration of 15 days from the date of issuance of the documents is presumed to be the date of receipt of the documents by the parties concerned.

For documents that shall be delivered directly according to the provisions of the administrative department for patent under the State Council, the date of delivery shall be deemed as the date of service.

If the address for sending the document is unclear and cannot be mailed, it may be served on the party concerned by way of public announcement. At the expiration of one month from the date of the announcement, the document shall be deemed to have been served.

Article 5 The first day of the various time limits prescribed in the Patent Law and these Rules shall not be counted in the time limit. If the term is calculated in years or months, the corresponding day of the last month shall be the expiration date; if there is no corresponding day in that month, the last day of the month shall be the expiration date; if the expiration date is a statutory holiday, the first working day after the holiday shall be the expiration date.

Article 6 If the party concerned delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the administrative department for patent under the State Council due to irresistible reasons, resulting in the loss of his rights, he may, within 2 months from the date on which the obstacle is removed, and at the latest within 2 years from the date on which the time limit expires, request the administrative department for patent under the State Council to restore his rights.

In addition to the circumstances specified in the preceding paragraph, if the party concerned delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the patent administration department under the State Council for other justifiable reasons, resulting in the loss of his rights, he may, within 2 months from the date of receiving the notification from the patent administration department under the State Council, request the patent administration department under the State Council to restore his rights.

Where a party requests the restoration of rights in accordance with the provisions of the first or second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and go through the corresponding procedures that should be completed before the loss of rights; in accordance with the second paragraph of this article If the right is requested to be restored, a fee for the restoration of rights shall also be paid.

If the party concerned requests an extension of the time limit specified by the administrative department for patent under the State Council, it shall, before the expiration of the time limit, explain the reasons to the administrative department for patent under the State Council and go through the relevant formalities.

The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limit provided in Articles 24, 29, 42 and 68 of the Patent Law.

Article 7 Where a patent application involves national defense interests that need to be kept confidential, it shall be accepted and examined by the national defense patent agency; where a patent application accepted by the patent administration department under the State Council involves national defense interests that need to be kept confidential, it shall be promptly transferred to the national defense patent agency for examination. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department under the State Council shall make a decision to grant the national defense patent right.

Where the patent administration department under the State Council considers that the application for a patent for invention or utility model accepted by it involves national security or vital interests other than national defense interests that need to be kept confidential, it shall promptly make a decision to treat the application as a confidential patent application and notify the applicant. The special procedures for the examination and reexamination of a confidential patent application and for the invalidation of a confidential patent right shall be prescribed by the administrative department for patent under the State Council.

Article 8 The invention or utility model completed in China referred to in Article 20 of the Patent Law means an invention or utility model whose substantial content of the technical solution has been completed within the territory of China.

Any unit or individual that applies to a foreign country for a patent for an invention or utility model completed in China shall, in one of the following ways, request the patent administration department under the State Council to conduct a confidentiality review:

Where a (I) applies directly to a foreign country for a patent or submits an international application for a patent to a relevant foreign institution, it shall make a request in advance to the patent administration department under the State Council and explain in detail its technical proposal;

Where a (II), after applying for a patent with the administrative department for patent under the State Council, intends to apply for a patent in a foreign country or file an international application for a patent with a relevant foreign institution, it shall make a request to the administrative department for patent under the State Council before applying for a patent in the foreign country or before submitting the international application for a patent with the relevant foreign institution.

If an international patent application is filed with the administrative department for patent under the State Council, it shall be deemed to have filed a request for confidentiality examination at the same time.

Article 9 After receiving a request submitted in accordance with the provisions of Article 8 of these Rules, the administrative department for patent under the State Council shall, after examination, consider that the invention or utility model may involve national security or major interests and need to be kept confidential, it shall promptly issue a notice of confidentiality examination to the applicant; if the applicant fails to receive the notice of confidentiality examination within 4 months from the date of submission of the request, it may apply for a patent in a foreign country for the invention or utility model or file an international patent application with the relevant foreign institution.

Where the administrative department for patent under the State Council conducts a confidentiality review in accordance with the notification provided in the preceding paragraph, it shall promptly make a decision on whether confidentiality is necessary and notify the applicant. If the applicant does not receive the decision on the need for confidentiality within six months from the date of submission of his request, he may apply for a patent in a foreign country for the invention or utility model or submit an international patent application to the relevant foreign institution.

Article 10 The term "invention-creation in violation of law" as mentioned in Article 5 of the Patent Law does not include an invention-creation the exploitation of which is prohibited by law.

Article 11 Except for the circumstances stipulated in Article 28 and Article 42 of the Patent Law, the application date referred to in the Patent Law means the priority date.

The filing date referred to in these Rules means, unless otherwise provided, the filing date provided for in Article 28 of the Patent Law.

Article 12 The term "service invention-creation" as mentioned in Article 6 of the Patent Law means:

Inventions and creations made by (I) in the course of their work;

Inventions and creations made (II) the performance of tasks assigned by the unit other than their own duties;

Inventions and creations made after the (III) retired or transferred from the original unit or within one year after the termination of labor and personnel relations, related to their own work in the original unit or the tasks assigned by the original unit.

The unit referred to in Article 6 of the Patent Law includes a temporary work unit; the material and technical conditions of the unit referred to in Article 6 of the Patent Law refer to the funds, equipment, parts and components, raw materials or technical information that is not disclosed to the public.

Article 13 The inventor or designer referred to in the Patent Law means any person who has made creative contributions to the substantive features of the invention-creation. In the process of completing the invention-creation, the person who is only responsible for organizing the work, providing convenience for the use of material and technical conditions, or engaging in other auxiliary work is not the inventor or designer.

Article 14 In addition to the assignment of the patent right in accordance with the provisions of Article 10 of the Patent Law, if the patent right is transferred for other reasons, the party concerned shall, on the strength of the relevant supporting documents or legal instruments, go through the procedures for the transfer of the patent right with the administrative department for patent under the State Council.

A patent licensing contract concluded between the patentee and another person shall be filed with the patent administration department under the State Council within 3 months from the date of entry into force of the contract.

In the case of a pledge with a patent right, the pledgee and the pledgee shall jointly register the pledge with the administrative department for patent under the State Council.
 

Chapter II Application for Patent

Article 15 Where an application for a patent is filed in writing, the application documents shall be submitted to the administrative department for patent under the State Council in duplicate.

Where an application for a patent is filed in any other form prescribed by the administrative department for patent under the State Council, the prescribed requirements shall be met.

Where the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department under the State Council, it shall submit a power of attorney at the same time, stating the power of attorney.

If there are two or more applicants and no patent agency is entrusted, the first applicant specified in the request shall be the representative unless otherwise stated in the request.

Article 16 The request for an application for a patent for invention, utility model or design shall state the following:

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

(II) the applicant is a Chinese entity or individual, its name or name, address, postal code, organization code or resident identity document number; if the applicant is a foreigner, foreign enterprise or other foreign organization, its name or name, nationality or country or region of registration;

(III) the name of the inventor or designer;

If the (IV) applicant entrusts a patent agency, the name and code of the entrusted agency, as well as the name, license number and contact number of the patent agent designated by the agency;

If the (V) claims the right of priority, the filing date of the first patent application filed by the applicant (hereinafter referred to as the prior application), the application number and the name of the original accepting institution;

The signature or seal of the (VI) applicant or the patent agency;

List of (VII) application documents;

List of (VIII) attached documents;

(IX) other relevant matters that need to be stated.

Article 17 The description of an application for a patent for invention or utility model shall state the name of the invention or utility model, and the name shall be consistent with the name in the request. The instructions shall include the following:

(I) technical field: specify the technical field to which the technical solution to be protected belongs;

(II) background technology: state the background technology useful for the understanding, retrieval and examination of the invention or utility model; if possible, and cite documents reflecting these background technologies;

(III) Inventions: specify the technical problems to be solved by the invention or utility model and the technical solutions adopted to solve the technical problems, and specify the beneficial effects of the invention or utility model against the existing technology;

Description of (IV) drawings: if there are drawings in the specification, brief description of each drawing;

Specific embodiments of the (V): specify in detail the preferred ways that the applicant considers to realize the invention or utility model; When necessary, examples are given; If there are drawings, compare them with the drawings.

The applicant for a patent for invention or utility model shall write the specification in the manner and in the order specified in the preceding paragraph, and shall write the title in front of each part of the specification, unless the nature of the invention or utility model is written in other manner or in the order that can save the space of the specification and enable others to accurately understand the invention or utility model.

The specification of the invention or utility model shall use standard words and clear sentences, and shall not use quotations such as "as stated in the claims...", nor shall it use commercial propaganda terms.

If an application for a patent for invention contains one or more nucleotide or amino acid sequences, the specification shall include a sequence listing that complies with the provisions of the patent administration department under the State Council. The applicant shall submit the sequence listing as a separate part of the specification and submit a copy of the sequence listing in computer-readable form in accordance with the regulations of the patent administration department under the State Council.

The specification of the utility model patent application shall have drawings showing the shape, structure or combination thereof of the claimed product.

Article 18 Several drawings of an invention or utility model shall be numbered in the order of "Figure 1, Figure 2.

Reference numerals not mentioned in the text of the description of the invention or utility model shall not appear in the drawings, and reference numerals not appearing in the drawings shall not be mentioned in the text of the description. The reference signs indicating the same component parts in the application documents shall be identical.

The drawings shall not contain any other comments except for words of necessity.

Article 19 The technical features of the invention or utility model shall be set forth in the claims.

If the claims have several claims, they shall be numbered sequentially in Arabic numerals.

The scientific and technical terms used in the claims shall be consistent with the scientific and technical terms used in the specification, and may have chemical or mathematical formulas, but shall not have illustrations. Unless absolutely necessary, the words "as described in… part of the description" or "as shown in…" shall not be used.

The technical features in the claims may refer to the corresponding marks in the drawings of the specification, and the marks shall be placed after the corresponding technical features and placed in brackets, so as to facilitate the understanding of the claims. The reference signs are not to be construed as limitations on the claims.

Article 20 The claims shall have independent claims and may also have dependent claims.

The independent claims shall reflect the technical solution of the invention or utility model as a whole and record the necessary technical features for solving the technical problems.

The dependent claims shall further define the cited claims with additional technical features.

Article 21 An independent claim of an invention or utility model shall include a preamble part and a characteristic part, and shall be written in accordance with the following provisions:

Preface of the (I): the title of the subject of the technical solution of the claimed invention or utility model and the necessary technical features shared by the subject of the invention or utility model and the closest prior art;

(II) characteristic part: Use "its characteristic is ......" or similar terms to indicate the technical characteristics of the invention or utility model that distinguish it from the closest prior art. These features, together with the features stated in the preamble, define the scope of protection claimed by the invention or utility model.

If the nature of the invention or utility model is not suitable for expression in the manner of the preceding paragraph, the independent claim may be written in other ways.

An invention or utility model shall have only one independent claim, which shall precede the dependent claims of the same invention or utility model.

Article 22 A subordinate claim of an invention or utility model shall include a reference part and a limiting part, and shall be written in accordance with the following provisions:

(I) reference part: the number of the cited claim and its subject name;

(II) limiting part: stating the additional technical features of the invention or utility model.

The dependent claims can only refer to the preceding claims. Multiple dependent claims that refer to more than two claims can only refer to the previous claim in an alternative manner and cannot be used as the basis for another multiple dependent claim.

Article 23 The abstract of the specification shall state a summary of the contents disclosed in the application for a patent for invention or utility model, that is, the name of the invention or utility model and the technical field to which it belongs, and clearly reflect the technical problem to be solved and the technical solution to the problem. The main points and main uses of the solution.

The abstract of the specification may contain the chemical formula that best describes the invention; for a patent application with drawings, a drawing that best describes the technical characteristics of the invention or utility model should also be provided. The size and clarity of the drawings should ensure that when the drawing is reduced to 4cm x 6cm, the details in the drawing can still be clearly distinguished. The text of the summary must not exceed 300 words. Commercial propaganda language shall not be used in the summary.

Article 24 Where the invention for which a patent is applied for involves new biological materials, the biological materials are not available to the public, and the description of the biological materials is not sufficient to enable technicians in the field to implement the invention, the applicant shall, in addition to complying with the relevant provisions of the Patent Law and these Rules, complete the following formalities:

The (I) shall, before the date of application or at the latest on the date of application (if there is priority, the priority date), submit the sample of the biological material to the preservation unit recognized by the patent administration department of the State Council for preservation, and submit the deposit certificate and the survival certificate issued by the preservation unit at the time of application or at the latest from the date of application Within 4 months;

(II) provide information on the characteristics of the biological material in the application document;

(III) patent application involving the preservation of biological material samples shall state in the request and specification the classification and name of the biological material (indicating the Latin name), the name, address, date of preservation and number of the unit that preserved the biological material samples. If it is not stated at the time of application, it shall be supplemented and made within 4 months from the date of application. If no correction is made at the expiration of the time limit, it shall be deemed that the deposit has not been submitted.

Article 25 Where an applicant for a patent for invention deposits samples of biological materials in accordance with the provisions of Article 24 of these Rules, after the publication of the application for a patent for invention, any unit or individual who needs to use the biological materials involved in the patent application for experimental purposes shall make a request to the administrative department for patent under the State Council and state the following:

the name and address of the person requesting the (I);

(II) guarantee that the biological material will not be provided to any other person;

The (III) is used only as a guarantee for experimental purposes before the grant of patent rights.

Article 26 The term "genetic resources" as mentioned in the Patent Law refers to materials derived from human bodies, animals, plants or microorganisms, which contain genetic functional units and are of actual or potential value; the term "invention-creation accomplished by relying on genetic resources" as mentioned in the Patent Law refers to an invention-creation accomplished by utilizing the genetic functions of genetic resources.

Where an application for a patent is filed for an invention-creation that relies on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department under the State Council.

Article 27 Where an applicant requests color protection, it shall submit a color picture or photograph.

The applicant shall submit relevant pictures or photographs of the contents of each design product that need to be protected.

Article 28 The brief description of the design shall state the name and purpose of the design product, the design points of the design, and designate a picture or photograph that best indicates the design points. Where a view is omitted or protection of color is requested, it shall be stated in the brief description.

Where an application for a patent for design is filed for multiple similar designs of the same product, one of them shall be designated as the basic design in the brief description.

The brief description shall not use commercial propaganda terms, nor shall it be used to explain the performance of the product.

Article 29 When the administrative department for patent under the State Council deems it necessary, it may require the applicant for a patent for design to submit a sample or model of the product in which the design is used. The volume of the sample or model shall not exceed 30cm x 30cm x 30cm and the weight shall not exceed 15kg. Perishable, perishable or dangerous goods shall not be submitted as samples or models.

Article 30 The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (I) of the Patent Law means an international exhibition registered with or recognized by the International Exhibitions Bureau as stipulated in the International Exhibitions Convention.

The academic or technical meeting referred to in Item (II) of Article 24 of the Patent Law means any academic or technical meeting organized by a competent department concerned of the State Council or by a national academic or technical association.

Where the invention-creation for which a patent is applied is under any of the circumstances listed in Item (I) or (II) of Article 24 of the Patent Law, the applicant shall declare at the time of filing the patent application, and submit, within 2 months from the date of application, a certificate that the invention-creation has been exhibited or published and the date of exhibition or publication issued by the organizing unit of the relevant international exhibition or academic conference or technical conference.

Where the invention-creation for which a patent is applied falls under the circumstances listed in Item (III) of Article 24 of the Patent Law, the administrative department for patent under the State Council may, when it deems it necessary, require the applicant to submit supporting documents within a specified time limit.

Where the applicant fails to make the declaration and submit the supporting documents in accordance with Paragraph 3 of this Article, or fails to submit the supporting documents within the specified time limit in accordance with Paragraph 4 of this Article, the provisions of Article 24 of the Patent Law shall not apply to his application.

Article 31 Where an applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original accepting institution. In accordance with the agreement signed between the administrative department for patent under the State Council and the accepting institution, if the administrative department for patent under the State Council obtains a copy of the earlier application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the earlier application document certified by the accepting institution. If the applicant claims the right of domestic priority and indicates in the request the filing date and application number of the earlier application, it shall be deemed to have submitted a copy of the earlier application document.

Where the right of priority is claimed, but one or two items of the application date, application number and the name of the original accepting institution of the earlier application are omitted or wrongly written in the request, the patent administration department under the State Council shall notify the applicant to make up the correction within the specified time limit; If no correction is made at the expiration of the time limit, the right of priority shall be deemed not to be claimed.

If the name or title of the applicant claiming priority is inconsistent with the name or name of the applicant recorded in the copy of the earlier application document, the certification materials for the transfer of priority shall be submitted. If the certification materials are not submitted, the priority shall be deemed not to be claimed.

The applicant of a design patent application claims foreign priority, its earlier application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with Article 28 of these Rules does not exceed the picture or photograph of the earlier application document. The scope of representation shall not affect its priority.

Article 32 An applicant may claim one or more priorities in an application for a patent; where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.

The applicant claims the right of national priority. If the earlier application is an application for a patent for invention, it may file an application for a patent for invention or utility model on the same subject; if the earlier application is an application for a patent for utility model, it may file an application for a patent for utility model or invention on the same subject. However, when the latter application is filed, the subject matter of the earlier application shall not be used as a basis for claiming domestic priority if:

Where the (I) has claimed foreign or domestic priority;

(II) the patent right has been granted;

The (III) is a divisive application filed in accordance with the regulations.

Where an applicant claims the right of domestic priority, its earlier application shall be deemed to have been withdrawn from the date on which the latter application is filed.

Article 33 Where an applicant who has no habitual residence or business office in China applies for a patent or claims the right of foreign priority, the administrative department for patent under the State Council may, when it deems it necessary, require him to provide the following documents:

(I) the applicant is an individual, proof of his or her nationality;

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

(III) the country to which the applicant belongs, it is recognized that Chinese units and individuals can enjoy patent rights, priority rights and other patent-related rights in that country under the same conditions as nationals of that country.

Article 34 According to the first paragraph of Article 31 of the Patent Law, two or more inventions or utility models belonging to a general inventive concept that can be filed as a patent application shall be technically related to each other and contain one or more identical or corresponding specific technical features, wherein the specific technical features refer to the technical features of each invention or utility model as a whole, Contributing to the existing technology.

Article 35 Where, in accordance with the provisions of Article 31, paragraph 2, of the Patent Law, multiple similar designs of the same product are filed as one application, the other designs of the product shall be similar to the basic design specified in the brief description. The number of similar designs in a design patent application shall not exceed 10.

The term "two or more designs of products of the same category and sold or used in sets" as mentioned in paragraph 2 of Article 31 of the Patent Law means that each product belongs to the same category in the classification list, is customarily sold or used at the same time, and the designs of each product have the same design concept.

Where two or more designs are filed as one application, the sequential number of each design shall be marked before the name of each picture or photograph of each design product.

Article 36 Where an applicant withdraws an application for a patent, he shall submit to the administrative department for patent under the State Council a declaration stating the title of the invention-creation, the number of the application and the date of filing.

Where a statement of withdrawal of an application for a patent is made after the administrative department for patent under the State Council has completed the printing preparations for the publication of the application documents, the application documents shall still be published; however, the statement of withdrawal of an application for a patent shall be announced in the Patent Gazette to be published later.
 

Chapter III Examination and Approval of Patent Applications

Article 37 In the procedures of preliminary examination, substantive examination, reexamination and invalidation, if the person carrying out the examination and hearing has one of the following circumstances, he shall withdraw himself, and the party or other interested parties may request him to withdraw:

The (I) is a close relative of the party concerned or his agent;

Where the (II) has an interest in the patent application or patent right;

The (III) has other relations with the parties or their agents, which may affect the fair examination and trial;

(IV) a member of the Patent Reexamination Board has participated in the examination of the original application.

Article 38 After receiving the application for a patent for invention or utility model, the specification (the utility model must include the drawings) and the claims, or the application for a patent for design, the picture or photograph of the design and the brief description, the patent administration department under the State Council shall specify the filing date, give the application number and notify the applicant.

Article 39 Where a patent application document is under any of the following circumstances, the administrative department for patent under the State Council shall reject the application and notify the applicant:

Where an application for a patent for (I) invention or utility model lacks a written request, specification (without drawings for utility model) or claims, or an application for a patent for design lacks a written request, pictures or photographs, or a brief description;

(II) not using Chinese;

The (III) does not comply with the provisions of the first paragraph of Article 121 of these Rules;

The name or title of the applicant or the address of the applicant is missing in the (IV) request;

Where the (V) is obviously not in conformity with the provisions of Article 18 or Paragraph 1 of Article 19 of the Patent Law;

(VI) the category of the patent application (invention, utility model or design) is unclear or difficult to determine.

Article 40 Where the specification contains an explanation of the drawings but no drawings or some of the drawings are missing, the applicant shall, within the time limit specified by the administrative department for patent under the State Council, submit the drawings or declare that the explanation of the drawings is canceled. If the applicant submits the attached drawings, the date on which the drawings are submitted to or mailed to the patent administration department under the State Council shall be the filing date; if the explanation of the drawings is canceled, the original filing date shall be retained.

Article 41 Where two or more applicants apply for a patent for the same invention-creation on the same day (the date of filing; or, if there is a right of priority, the date of priority), they shall, after receiving the notification from the administrative department for patent under the State Council, consult among themselves to determine the applicant.

Where the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day (referring to the filing date), it shall state separately at the time of application that another patent has been applied for the same invention-creation; if no explanation is made, it shall be dealt with in accordance with the provisions of Article 9, paragraph 1, of the Patent Law that only one patent can be granted for the same invention-creation.

When announcing the grant of the patent right for utility model, the patent administration department under the State Council shall announce the statement that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of paragraph 2 of this Article.

If, after examination, the application for a patent for invention finds no cause for rejection, the patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. If the applicant declares that it has given up, the administrative department for patent under the State Council shall make a decision to grant the patent right for the invention, and shall, together with the announcement of the grant of the patent right for the invention, announce the declaration of the applicant giving up the patent right for the utility model. If the applicant does not agree to give up, the patent administration department under the State Council shall reject the application for a patent for invention; if the applicant fails to reply at the expiration of the period, the application for a patent for invention shall be deemed to have been withdrawn.

The patent right for utility model shall be terminated from the date of the announcement of the grant of the patent right for invention.

Article 42 Where an application for a patent includes two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit specified in the first paragraph of Article 54 of these Rules, file a divisional application with the administrative department for patent under the State Council; however, if the application for a patent has been rejected, withdrawn or deemed to have been withdrawn, the divisional application cannot be filed.

Where the administrative department for patent under the State Council considers that an application for a patent does not comply with the provisions of Article 31 of the Patent Law and Article 34 or Article 35 of these Rules, it shall notify the applicant to amend the application within a specified time limit; if the applicant fails to respond within the time limit, the application shall be deemed to have been withdrawn.

An application for division shall not change the category of the original application.

Article 43 For a divisional application filed in accordance with the provisions of Article 42 of these Rules, the date of the original application may be retained. If the right of priority is enjoyed, the priority date may be retained, but the priority date shall not exceed the scope of the original application.

The divisive application shall go through the relevant formalities in accordance with the provisions of the Patent Law and these Rules.

The request for a divisional application shall state the application number and date of the original application. When filing a divisional application, the applicant shall submit a copy of the original application document; if the original application enjoys priority, it shall also submit a copy of the priority document of the original application.

Article 44 The preliminary examination referred to in Article 34 and Article 40 of the Patent Law means the examination of an application for a patent to see whether or not it contains the documents provided for in Article 26 or Article 27 of the Patent Law and other necessary documents, and whether or not these documents are in conformity with the prescribed form, including the following:

Whether the (I) invention patent application obviously belongs to the circumstances stipulated in Articles 5 and 25 of the Patent Law, whether it does not conform to the provisions of Articles 18, 19, paragraph 1, Article 20, paragraph 1 of the Patent Law or Article 16 and Article 26, paragraph 2 of these Rules, whether it obviously does not conform to the provisions of Article 2, paragraph 2, Article 26, paragraph 5, Article 31, paragraph 1, Article 33 or Articles 17 to 21 of these Rules;

(II) whether the application for a patent for utility model clearly falls under the circumstances provided for in Articles 5 and 25 of the Patent Law and is not in conformity with the provisions of Articles 18, 19, paragraph 1, and 20, paragraph 1 of the Patent Law or Articles 16 to 19 and 21 to 23 of these Rules, whether it is obviously not in conformity with the provisions of Article 2, paragraph 3, Article 22, paragraph 2, paragraph 4, Article 26, paragraph 3, paragraph 4, Article 31, paragraph 1, Article 33 of the Patent Law or Article 20 and Article 43, paragraph 1 of these Rules, and whether it cannot obtain a patent right in accordance with the provisions of Article 9 of the Patent Law;

(III) whether the application for a patent for design clearly falls under the circumstances provided for in Article 5 and Article 25, Paragraph 1, Item (VI) of the Patent Law, and whether it is not in conformity with the provisions of Article 18 and Article 19, Paragraph 1 of the Patent Law or Articles 16, 27 and 28 of these Rules, whether it is obviously not in conformity with the provisions of Paragraph 4 of Article 2, Paragraph 1 of Article 23, Paragraph 2 of Article 27, Paragraph 2 of Article 31, Paragraph 3 of Article 33 of the Patent Law or Paragraph 1 of Article 43 of these Rules, and whether it is impossible to obtain a patent right in accordance with the provisions of Article 9 of the Patent Law;

(IV) whether the application documents conform to the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.

The administrative department for patent under the State Council shall notify the applicant of the examination opinions and request him to state his opinions or make amendments within a specified time limit; if the applicant fails to respond within the time limit, the application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made a correction, the administrative department for patent under the State Council still considers that the provisions listed in the preceding paragraph are not met, it shall reject the matter.

Article 45 In addition to the patent application documents, any other document relating to the patent application submitted by the applicant to the administrative department for patent under the State Council shall be deemed not to have been submitted under any of the following circumstances:

The (I) does not use the prescribed format or does not conform to the provisions;

The (II) fails to submit the supporting materials in accordance with the provisions.

The administrative department for patent under the State Council shall notify the applicant of the examination opinions deemed unsubmitted.

Article 46 Where the applicant requests the early publication of his or her application for a patent for invention, he or she shall make a declaration to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after preliminary examination of the application, publish it immediately, unless it is to be rejected.

Article 47 Where the applicant specifies the product in which the design is to be used and the category to which it belongs, the classification table of design products published by the administrative department for patent under the State Council shall be used. If the category of the product to which the design belongs is not specified or the category written is inaccurate, the patent administration department under the State Council may supplement or amend it.

Article 48 From the date of publication of the application for a patent for invention to the date of announcement of the grant of the patent right, any person may submit his opinions on the patent application that does not conform to the provisions of the Patent Law to the administrative department for patent under the State Council, together with the reasons.

Article 49 Where an applicant for a patent for invention is unable to submit the search data or the data on the results of the examination as provided for in Article 36 of the Patent Law for justifiable reasons, he shall make a declaration to the administrative department for patent under the State Council and submit the relevant data after obtaining them.

Article 50 The administrative department for patent under the State Council shall, when examining an application for a patent on its own initiative in accordance with the provisions of Article 35, paragraph 2 of the Patent Law, notify the applicant accordingly.

Article 51 An applicant for a patent for invention may, at the time of filing a request for substantive examination and within three months from the date of receipt of the notification issued by the administrative department for patent under the State Council that the application for a patent for invention has entered the stage of substantive examination, amend the application for a patent for invention on its own initiative.

The applicant for a patent for utility model or design may, within two months from the date of filing, amend the application for a patent for utility model or design on his own initiative.

Where the applicant modifies the patent application documents after receiving the notice of examination opinions issued by the administrative department for patent under the State Council, it shall modify the defects pointed out in the notice.

The administrative department for patent under the State Council may, on its own initiative, amend obvious errors in words and symbols in the patent application documents. If the administrative department for patent under the State Council makes any amendment on its own, it shall notify the applicant.

Article 52 In the case of amendments to the specification or claims of an application for a patent for invention or utility model, a replacement page shall be submitted in the prescribed format, except for individual text amendments or additions or deletions. For the modification of a picture or photograph of an application for a patent for design, a replacement page shall be submitted in accordance with the provisions.

Article 53 In accordance with the provisions of Article 38 of the Patent Law, the circumstances in which an application for a patent for invention shall be rejected after substantial examination refer:

Where the (I) application falls under the provisions of Article 5 or Article 25 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law;

(II) application does not comply with the provisions of Article 2, paragraph 2, Article 20, paragraph 1, Article 22, Article 26, paragraph 3, paragraph 4, paragraph 5, or Article 31, paragraph 1, of the Patent Law or Article 20, paragraph 2, of these Rules;

Where the amendment of the (III) application does not comply with the provisions of Article 33 of the Patent Law, or the divisive application does not comply with the provisions of Article 43, paragraph 1 of these Rules.

Article 54 After the administrative department for patent under the State Council issues a notice to grant the patent right, the applicant shall complete the registration procedures within 2 months from the date of receipt of the notice. If the applicant has completed the registration formalities on schedule, the patent administration department under the State Council shall grant the patent right, issue the patent certificate and announce it.

If the registration procedures are not completed at the expiration of the time limit, the right to obtain the patent right shall be deemed to have been waived.

Article 55 Where no grounds for rejection of a confidential patent application are found after examination, the administrative department for patent under the State Council shall make a decision to grant the confidential patent right, issue the confidential patent certificate and register the relevant matters concerning the confidential patent right.

Article 56 After the announcement of the decision to grant the patent right for utility model or design, the patentee or the interested party specified in Article 60 of the Patent Law may request the patent administration department under the State Council to make a report on the evaluation of the patent right.

Where a patent evaluation report is requested, a request for a patent evaluation report shall be submitted, indicating the patent number. Each request shall be limited to one patent.

If the request for a patent right evaluation report does not conform to the provisions, the patent administration department under the State Council shall notify the requester to make a correction within the specified time limit; if the requester fails to make a correction within the specified time limit, it shall be deemed that the request has not been made.

Article 57 The administrative department for patent under the State Council shall make a patent right evaluation report within 2 months after receiving the request for a patent right evaluation report. If more than one claimant requests a patent evaluation report for the same patent right for utility model or design, the patent administration department under the State Council shall make only one patent evaluation report. Any unit or individual may consult or copy the patent evaluation report.

Article 58 The administrative department for patent under the State Council shall, upon discovery of any error in the patent announcement or patent document, correct it without delay and announce the correction.
 

Chapter IV Reexamination of Patent Applications and Invalidation of Patent Rights
 

Article 59 The Patent Reexamination Board shall be composed of technical experts and legal experts designated by the administrative department for patent under the State Council, with the person in charge of the administrative department for patent under the State Council concurrently serving as the Chairman.

Article 60 Where a request for reexamination is made to the Patent Re-examination Board in accordance with the provisions of Article 41 of the Patent Law, it shall submit a written request for reexamination, stating the reasons and, if necessary, attaching relevant evidence.

If the request for reexamination does not comply with the provisions of paragraph 1 of Article 19 or paragraph 1 of Article 41 of the Patent Law, the Patent Reexamination Board shall not accept the request and notify the person requesting the reexamination in writing and explain the reasons.

If the request for reexamination does not conform to the prescribed format, the requester for reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; if no corrections are made within the time limit, the request for reexamination shall be deemed not to have been made.

Article 61 The claimant may amend the patent application documents when filing a request for reexamination or responding to the notice of reexamination by the Patent Reexamination Board; however, the amendment shall be limited to eliminating the defects pointed out in the decision of rejection or the notice of reexamination.

The amended patent application documents shall be submitted in duplicate.

Article 62 The Patent Re-examination Board shall transmit the accepted request for re-examination to the original examining department of the Patent Administration Department under the State Council for examination. If the original examination department agrees to revoke the original decision at the request of the person requesting the review, the Patent Re-examination Board shall make a decision on the review accordingly and notify the person requesting the review.

Article 63 If, after conducting a reexamination, the Patent Re-examination Board finds that the request for re-examination is not in conformity with the relevant provisions of the Patent Law and these Rules, it shall notify the person making the request for re-examination and request him or her to state his or her opinions within a specified time limit. If there is no reply at the expiration of the time limit, the request for review shall be deemed to have been withdrawn; after stating its opinions or making amendments, if the Patent Reexamination Board considers that it still does not comply with the relevant provisions of the Patent Law and these Rules, it shall make a review decision to maintain the original rejection decision.

If the Patent Reexamination Board, after conducting a reexamination, considers that the original decision of rejection is not in conformity with the relevant provisions of the Patent Law and these Rules, or that the revised patent application documents have eliminated the defects pointed out in the original decision of rejection, it shall revoke the original decision of rejection and the original examination department shall continue the examination procedure.

Article 64 The person making a request for reexamination may withdraw his request for reexamination before the Patent Re-examination Board makes a decision.

If the person making the request for reexamination withdraws his request for reexamination before the Patent Reexamination Board makes a decision, the reexamination proceedings shall be terminated.

Article 65 In accordance with the provisions of Article 45 of the Patent Law, a request for invalidation or partial invalidation of a patent right shall be submitted to the Patent Reexamination Board in duplicate. The written request for invalidation shall, in conjunction with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based.

The reason for the request for invalidation mentioned in the preceding paragraph refers to the fact that the invention-creation granted a patent does not comply with the provisions of Article 2, Article 20, paragraph 1, Article 22, Article 23, Article 26, paragraphs 3 and 4, Article 27, paragraph 2, Article 33 or Article 20, paragraph 2, and Article 43, paragraph 1, of the Patent Law, or belongs to the provisions of Articles 5 and 25 of the Patent Law, or cannot obtain a patent right in accordance with the provisions of Article 9 of the Patent Law.

Article 66 Where a request for invalidation of a patent right does not comply with the provisions of Paragraph 1 of Article 19 of the Patent Law or Article 65 of these Rules, the Patent Reexamination Board shall not accept the request.

If, after the Patent Reexamination Board has made a decision on the request for invalidation, it requests invalidation on the same grounds and evidence, the Patent Reexamination Board shall not accept it.

Where a request for invalidation of a design patent right is made on the ground that it does not comply with the provisions of the third paragraph of Article 23 of the Patent Law, but no evidence to prove the conflict of rights is submitted, the Patent Reexamination Board shall not accept the request.

If the request for invalidation of the patent right does not conform to the prescribed format, the person requesting the invalidation shall make a correction within the time limit specified by the Patent Re-examination Board; if no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made.

Article 67 After the Patent Re-examination Board accepts a request for invalidation, the person making the request may, within one month from the date of filing the request for invalidation, add reasons or supplement evidence. The Patent Re-examination Board may disregard the addition of reasons or additional evidence beyond the time limit.

Article 68 The Patent Re-examination Board shall send the written request for the invalidation of the patent right and a copy of the relevant documents to the patentee, requiring him to state his opinions within a specified time limit.

The patentee and the applicant for invalidation shall, within the specified time limit, reply to the notice of forwarding documents or the notice of examination of the request for invalidation issued by the Patent Re-examination Board; if no reply is made at the expiration of the time limit, the trial by the Patent Re-examination Board shall not be affected.

Article 69 During the examination of the request for invalidation, the patentee of a patent for invention or utility model may amend its claims, but may not expand the scope of protection of the original patent.

The patentee of a patent for invention or utility model may not amend the specification and drawings of the patent, and the patentee of a patent for design may not amend the pictures, photographs and brief explanations.

Article 70 The Patent Re-examination Board may, upon the request of the parties or the needs of the case, decide to hear the request for invalidation orally.

Where the Patent Reexamination Board decides to conduct an oral hearing on a request for invalidation, it shall issue a notice of the oral hearing to the party concerned, informing the date and place of the oral hearing. The parties shall reply within the time limit specified in the notice.

If the applicant for invalidation fails to respond to the notice of oral hearing issued by the Patent Re-examination Board within the specified time limit and does not participate in the oral hearing, its request for invalidation shall be deemed to have been withdrawn; if the patentee does not participate in the oral hearing, it may hear the case by default.

Article 71 During the procedure for examination of the request for invalidation, the time limit specified by the Patent Re-examination Board shall not be extended.

Article 72 Before the Patent Re-examination Board makes a decision on the request for invalidation, the person making the request for invalidation may withdraw the request.

If, before the Patent Re-examination Board makes a decision, the person making the request for invalidation withdraws his request or his request for invalidation is deemed to have been withdrawn, the procedure for examining the request for invalidation shall be terminated. However, if the Patent Reexamination Board considers that a decision to declare the patent right invalid or partially invalid can be made on the basis of the examination work already carried out, it shall not terminate the examination procedure.
 

Chapter V Compulsory Licensing of Patent Enforcement
 

Article 73 The term "not fully implementing his patent" as mentioned in Item (I) of Article 48 of the Patent Law means that the patentee and his licensee implement his patent in a manner or on a scale that cannot meet the domestic demand for the patented product or patented method.

The term "patented drug" as mentioned in Article 50 of the Patent Law refers to any patented product in the field of medicine needed to solve public health problems or any product directly obtained by a patented method, including the patented active ingredients needed for the manufacture of the product and the diagnostic supplies needed for the use of the product.

Article 74 Anyone who requests a compulsory license shall submit to the administrative department for patent under the State Council a written request for compulsory license, stating the reasons therefor and attaching relevant supporting documents.

The administrative department for patent under the State Council shall send a copy of the request for compulsory license to the patentee, and the patentee shall state his opinions within the time limit specified by the administrative department for patent under the State Council; if no reply is made at the expiration of the time limit, the decision of the administrative department for patent under the State Council shall not be affected.

The patent administration department under the State Council shall, before making a decision to reject a request for a compulsory license or a decision to grant a compulsory license, notify the petitioner and the patentee of the decision to be made and the reasons therefor.

The decision of the Patent Administration Department of the State Council to grant a compulsory license in accordance with the provisions of Article 50 of the Patent Law shall also comply with the provisions of the relevant international treaties concluded or acceded to by China on the granting of compulsory licenses for the purpose of solving public health problems, unless China has made reservations.

Article 75 Where, in accordance with the provisions of Article 57 of the Patent Law, a request is made to the administrative department for patent under the State Council to award the amount of royalties, the parties concerned shall submit a written request for the award, together with supporting documents proving that the two parties cannot reach an agreement. The administrative department for patent under the State Council shall, within three months from the date of receipt of the written request, make an award and notify the parties concerned.
 

Chapter VI Rewards and Remuneration for the Inventor or Designer of a Job Invention-creation
 

Article 76 The entity to which the patent right is granted may agree with the inventor or designer or stipulate in its rules and regulations formulated in accordance with the law the manner and amount of the rewards and remuneration provided for in Article 16 of the Patent Law.

The rewards and remuneration given by enterprises and institutions to inventors or designers shall be dealt with in accordance with the provisions of the relevant financial and accounting systems of the State.

Article 77 If the unit to which the patent right is granted has not agreed with the inventor or designer or stipulated in its rules and regulations formulated in accordance with the law the manner and amount of awards provided for in Article 16 of the Patent Law, it shall, within three months from the date of the announcement of the patent right, issue a bonus to the inventor or designer. The minimum bonus for an invention patent is not less than 3000 yuan; the minimum bonus for a utility model patent or design patent is not less than 1000 yuan.

If an invention-creation is completed as a result of the suggestion of the inventor or designer being adopted by the unit to which it belongs, the unit to which the patent right is granted shall pay a preferential bonus.

Article 78 If the entity to which the patent right has been granted has not agreed with the inventor or designer on the manner and amount of remuneration provided for in Article 16 of the Patent Law in the rules and regulations it has formulated in accordance with the law, it shall, within the term of validity of the patent right, after the implementation of the patent for invention-creation, the inventor or designer shall be paid not less than 2% of the operating profit from the implementation of the invention or utility model patent or not less than 0.2 of the operating profit from the implementation of the design patent each year, or the inventor or designer shall be paid a one-time remuneration with reference to the above-mentioned proportion; the unit granted the patent license other units or individuals to implement its patent, not less than 10 per cent of the royalties collected shall be paid to the inventor or designer as remuneration.
 

Chapter VII Protection of Patent Right
 

Article 79 The "department for the administration of patent work" mentioned in the Patent Law and these Rules refers to the department for the administration of patent work established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, as well as by the people's governments of cities divided into districts with heavy patent administration workload and actual handling capacity.

Article 80 The administrative department for patent under the State Council shall provide professional guidance to the departments in charge of patent work in handling patent infringement disputes, investigating and dealing with acts of counterfeiting patents and mediating patent disputes.

Article 81 Where a party requests to handle a patent infringement dispute or mediate a patent dispute, it shall be under the jurisdiction of the administrative department for patent work in the place where the respondent is located or where the infringement is committed.

If two or more departments in charge of patent work have jurisdiction over patent disputes, the parties may make a request to one of the departments in charge of patent work; if the parties make a request to two or more departments in charge of patent work with jurisdiction, the department in charge of patent work that first accepts it shall have jurisdiction.

If a dispute arises over jurisdiction between the departments in charge of patent work, the department in charge of patent work of the people's government at a higher level shall designate jurisdiction; if there is no department in charge of patent work of the people's government at a higher level, the administrative department for patent under the State Council shall designate jurisdiction.

Article 82 In the course of handling a patent infringement dispute, if the respondent makes a request for invalidation and is accepted by the Patent Reexamination Board, he may request the department in charge of patent work to suspend the handling.

If the department in charge of patent work considers that the reasons for suspension put forward by the requested person are obviously untenable, it may not suspend the processing.

Article 83 Where the patentee, in accordance with the provisions of Article 17 of the Patent Law, indicates the patent mark on its patented product or on the package of such product, it shall do so in the manner prescribed by the administrative department for patent under the State Council.

If the patent mark does not conform to the provisions of the preceding paragraph, the department in charge of patent work shall order it to make corrections.

Article 84 Any of the following acts shall be an act of counterfeiting a patent as provided in Article 63 of the Patent Law:

(I) mark the patent mark on the product or its packaging for which the patent right has not been granted, continue to mark the patent mark on the product or its packaging after the patent right has been declared invalid or terminated, or mark the patent number of another person on the product or product packaging without permission;

(II) sale of the products mentioned in item (I);

(III) refer to a technology or design that has not been granted a patent as a patented technology or a patented design in materials such as product specifications, refer to a patent application as a patent, or use another person's patent number without permission, so that the public will The technology or design involved is mistaken for a patented technology or patented design;

(IV) forges or alters patent certificates, patent documents or patent application documents;

(V) other acts that confuse the public and mistake a technology or design that has not been granted a patent for a patented technology or design.

Before the termination of the patent right, the patent mark is marked on the patented product, the product directly obtained in accordance with the patented method or its packaging in accordance with the law, and the promise to sell or sell the product after the termination of the patent right is not an act of counterfeiting the patent.

Any person who sells a product that he does not know to be a counterfeit patent and is able to prove the legal origin of the product shall be ordered by the department in charge of patent work to stop the sale, but shall be exempted from the penalty of fine.

Article 85 In addition to the provisions of Article 60 of the Patent Law, the administrative department for patent work may, at the request of the parties, mediate the following patent disputes:

(I) disputes over patent application rights and ownership of patent rights;

(II) disputes over the qualifications of inventors and designers;

Disputes (III) awards and remuneration for inventors and designers of service inventions and creations;

Disputes (IV) the use of the invention after the publication of the application for a patent for invention and before the grant of the patent right without paying the appropriate fee;

(V) other patent disputes.

For the disputes listed in item (IV) of the preceding paragraph, if the parties request the administrative department of patent work for mediation, they shall file a request after the patent right is granted.

Article 86 Where a party concerned has a dispute over the ownership of the right to apply for a patent or the patent right, and has requested the department in charge of patent work to mediate or bring a suit in a people's court, he may request the administrative department for patent under the State Council to suspend the relevant procedures.

Anyone who requests the suspension of the relevant procedures in accordance with the provisions of the preceding paragraph shall submit a written request to the administrative department for patent under the State Council, together with copies of the relevant acceptance documents of the department in charge of patent work or the people's court indicating the application number or patent number.

After the mediation statement made by the department in charge of patent work or the judgment made by the people's court takes effect, the parties concerned shall go through the formalities for resuming the relevant procedures with the administrative department for patent under the State Council. Within one year from the date of the request for suspension, if the dispute over the ownership of the patent application right or the patent right fails to be closed and it is necessary to continue to suspend the relevant procedures, the requester shall request an extension of the suspension within the time limit. If no extension is requested at the expiration of the time limit, the administrative department for patent under the State Council shall resume the relevant procedures at its own discretion.

Article 87 Where the people's court decides to take preservation measures for the right of patent application or patent right in the trial of a civil case, the administrative department for patent under the State Council shall suspend the relevant procedures for the preserved right of patent application or patent right on the date of receipt of the ruling and the notice of assistance in execution. If the people's court does not order to continue to take preservation measures at the expiration of the preservation period, the administrative department for patent under the State Council shall resume the relevant procedures at its own discretion.

Article 88 The suspension of relevant procedures by the administrative department for patent under the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of procedures for preliminary examination, substantive examination and reexamination of patent applications, procedures for granting patent rights and procedures for declaring patent rights invalid.
 

Chapter VIII Patent Registration and Patent Bulletin
 

Article 89 The administrative department for patent under the State Council shall keep a Patent Register in which the following matters relating to patent applications and patent rights shall be registered:

(I) the grant of patent rights;

(II) the transfer of patent application rights and patent rights;

(III) the pledge, preservation and discharge of the patent right;

the filing of (IV) patent licensing contracts;

Invalidation of the (V) patent right;

termination of (VI) patent rights;

Restoration of (VII) patent rights;

Compulsory licensing of (VIII) patent enforcement;

(IX) changes in the name, nationality and address of the patentee.

Article 90 The administrative department for patent under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following:

The description of the (I) invention patent application and the summary of the specification;

(II) the request for substantive examination of an application for a patent for invention and the decision of the administrative department for patent under the State Council to conduct substantive examination of an application for a patent for invention on its own;

Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for (III) invention after its publication;

(IV) the grant of the patent right and the description of the patent right;

An abstract of the specification of a patent for (V) invention or utility model, a picture or photograph of a patent for design;

(VI) the declassification of national defense patents and secrecy patents;

Invalidation of the (VII) patent right;

termination and restoration of (VIII) patent rights;

(IX) the transfer of patent rights;

the filing of (X) patent licensing contracts;

(11) pledge, preservation and discharge of patent right;

(12) grant of compulsory license for patent implementation;

(13) Changes in the name or title or address of the patentee;

(14) service of the document by public notice;

(15) corrections made by the administrative department for patent under the State Council;

(16) Other related matters.

Article 91 The administrative department for patent under the State Council shall provide the patent bulletin, the separate edition of the application for a patent for invention and the separate edition of the patent for invention, patent for utility model and patent for design for the public to consult free of charge.

Article 92 The administrative department for patent under the State Council shall be responsible for the exchange of patent documents with patent offices of other countries or regions or regional patent organizations in accordance with the principle of reciprocity.
 

Chapter IX Expenses

Article 93 The following fees shall be paid in applying for a patent and in going through other formalities with the administrative department for patent under the State Council:

(I) application fee, application surcharge, publication and printing fee, priority claim fee;

Substantive examination fees and reexamination fees for (II) invention patent applications;

(III) patent registration fee, announcement printing fee, annual fee;

(IV) fee for the request for restoration of rights and for the request for extension of time limit;

(V) description change fee, patent evaluation report request fee, invalidation request fee.

The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the price control department and the financial department under the State Council in conjunction with the patent administration department under the State Council.

Article 94 The fees provided for in the Patent Law and these Implementing Regulations may be paid directly to the administrative department for patent under the State Council, or by remittance through post or bank, or by other means prescribed by the administrative department for patent under the State Council.

In the case of remittance through the post office or bank, the correct application number or patent number and the name of the fee paid shall be indicated on the remittance slip sent to the administrative department for patent under the State Council. If it does not comply with the provisions of this paragraph, it shall be deemed that the payment formalities have not been completed.

If the fees are paid directly to the administrative department for patent under the State Council, the date of payment shall be the date of payment; if the fees are paid by post office remittance, the date of postmark remitted by the post office shall be the date of payment; if the fees are paid by bank remittance, the date of actual remittance by the bank shall be the date of payment.

If the patent fees are overpaid, re-paid or wrongly paid, the party concerned may, within 3 years from the date of payment, submit a request for refund to the administrative department for patent under the State Council, and the administrative department for patent under the State Council shall refund it.

Article 95 The applicant shall pay the application fee, publication and printing fee and necessary application surcharge within 2 months from the date of application or within 15 days from the date of receipt of the notice of acceptance; if the application is not paid or fully paid at the expiration of the time limit, its application shall be deemed to have been withdrawn.

If the applicant claims priority, he shall pay the priority claim fee at the same time as the application fee is paid; if the application fee is not paid or not paid in full at the expiration of the time limit, it shall be deemed that he has not claimed priority.

Article 96 Where a party requests substantive examination or reexamination, it shall pay the fee within the relevant time limit stipulated in the Patent Law and these Rules; if the fee is not paid or fully paid at the expiration of the time limit, it shall be deemed that the request has not been made.

Article 97 When the applicant goes through the registration procedures, he shall pay the patent registration fee, the announcement and printing fee and the annual fee for the year in which the patent right is granted; if the patent right has not been paid or fully paid at the expiration of the period, it shall be deemed that the registration procedures have not been completed.

Article 98 The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administrative department of the State Council shall notify the patentee to make up the payment within 6 months from the date of the expiration of the annual fee due, and pay the late fee at the same time; the amount of the late fee shall be calculated according to each time exceeding the prescribed payment time One month, 5% of the full annual fee for the current year; if the payment is not paid at the expiration, the patent right, the patent shall be terminated.

Article 99 The fee for a claim for restoration of rights shall be paid within the relevant time limit stipulated in these Rules; if it is not paid or fully paid at the expiration of the time limit, it shall be deemed that no request has been made.

The fee for the request for extension of the time limit shall be paid before the expiration of the corresponding time limit; if the fee is not paid or fully paid at the expiration of the time limit, it shall be deemed that the request has not been made.
The fee for the change of description, the fee for the request for the patent evaluation report and the fee for the request for invalidation shall be paid within one month from the date of the request; if the fee is not paid or fully paid at the expiration of the time limit, the request shall be deemed not to have been made.

Article 100 Where the applicant or the patentee has difficulty in paying the various fees provided for in these Rules, he or she may, in accordance with the provisions, request to the administrative department for patent under the State Council for a reduction or a deferment of payment. The measures for reducing or postponing payment shall be formulated by the financial department of the State Council in conjunction with the price administration department of the State Council and the patent administration department of the State Council.
 

Chapter X Special Provisions Concerning International Applications
 

Article 101 The administrative department for patent under the State Council shall, in accordance with the provisions of Article 20 of the Patent Law, accept international applications for patent filed in accordance with the Patent Cooperation Treaty.

The provisions of this chapter shall apply to the conditions and procedures for the entry of an international patent application filed in accordance with the Patent Cooperation Treaty and designated as China (hereinafter referred to as the international application) into the processing stage of the patent administration department of the State Council (hereinafter referred to as the entry into the Chinese national phase); if there are no provisions in this chapter, the relevant provisions of the Patent Law and other chapters of these Rules shall apply.

Article 102 An international application for which an international filing date has been fixed in accordance with the Patent Cooperation Treaty and China has been designated shall be deemed to be an application for patent filed with the administrative department for patent under the State Council, and the international filing date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.

Article 103 The applicant of an international application shall, within 30 months from the priority date referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this chapter), go through the formalities for entering the Chinese national phase with the administrative department for patent under the State Council; if the applicant fails to go through the formalities within the time limit, he may, after paying the grace fee, go through the formalities for entering the Chinese national phase within 32 months from the priority date.

Article 104 Where an applicant goes through the formalities for entering the National Phase in China in accordance with the provisions of Article 103 of these Rules, it shall meet the following requirements:

The (I) submits a written statement of entry into the National Phase in China in Chinese, stating the international application number and the type of patent rights requested;

(II) pay the application fee, publication and printing fee stipulated in the first paragraph of Article 93 of these Rules and, when necessary, the grace fee stipulated in Article 103 of these Rules;

If the (III) international application is filed in a foreign language, submit a Chinese translation of the specification and claims of the original international application;

The (IV) shall state the name of the invention-creation, the name or title of the applicant, the address and the name of the inventor in the written statement entering the national phase in China, which shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not stated in the international application, the name of the inventor shall be stated in the above statement;

If the (V) international application is filed in a foreign language, submit a Chinese translation of the abstract, and if there are drawings and drawings of the abstract, submit a copy of the drawings and a copy of the abstract drawings, and if there are words in the drawings, replace them with the corresponding Chinese words; if the international application is filed in Chinese, submit the abstract and a copy of the abstract drawings in the international publication document;

If the (VI) has gone through the formalities for the change of the applicant to the International Bureau in the international phase, it shall provide proof that the changed applicant has the right to apply;

The (VII) shall, when necessary, pay the application surcharge stipulated in the first paragraph of Article 93 of these Rules.

Where the requirements of Items (I) to (III) of Paragraph 1 of this Article are met, the administrative department for patent under the State Council shall give an application number, specify the date on which the international application enters the national phase in China (hereinafter referred to as the date of entry), and notify the applicant that its international application has entered the national phase in China.

Where an international application has entered the national phase in China, but does not meet the requirements of Items (IV) to (VII) of Paragraph 1 of this Article, the patent administration department under the State Council shall notify the applicant to make rectification within a specified time limit; where no rectification has been made at the expiration of the time limit, the application shall be deemed to have been withdrawn.

Article 105 The effectiveness of an international application in China shall be terminated under any of the following circumstances:

(I) in the international phase, the international application is withdrawn or deemed to be withdrawn, or the designation of China by the international application is withdrawn;

(II) the applicant fails to complete the formalities for entering the National Phase in China in accordance with Article 103 of these Rules within 32 months from the priority date;

(III) the applicant has gone through the formalities for entering the Chinese National Phase, but the requirements of Items (I) to (III) of Article 104 of these Rules still do not meet upon the expiration of the 32-month period from the date of priority.

Where the effect of an international application in China ceases in accordance with the provisions of Item (I) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; where the effect of an international application in China ceases in accordance with the provisions of Items (II) and (III) of the preceding paragraph, the provisions of Paragraph 2 of Article 6 of these Rules shall not apply.

Article 106 Where an international application has been amended in the international phase and the applicant requests examination on the basis of the amended application documents, he shall submit a Chinese translation of the amended part within two months from the date of entry. If the Chinese translation is not submitted within that period, the patent administration department under the State Council shall not consider the amendments proposed by the applicant in the international phase.

Article 107 Where an invention-creation involved in an international application falls under any of the circumstances listed in Item (I) or (II) of Article 24 of the Patent Law and has made a declaration when filing the international application, the applicant shall state it in a written statement entering the national phase in China and submit the relevant supporting documents specified in Paragraph 3 of Article 30 of these Rules within 2 months from the date of entry. Failure to explain or failure to submit the supporting documents at the expiration of the time limit, the application is not subject to the provisions of Article 24 of the Patent Law.

Article 108 Where the applicant has made an explanation of the deposit of samples of biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements of Item (III) of Article 24 of these Rules shall be deemed to have been met. The applicant shall specify in the declaration of entering the national phase in China the document recording the preservation of the sample of biological material and the specific location of the document.

If the applicant has recorded the preservation of the biological material sample in the specification of the originally submitted international application, but has not indicated it in the declaration of entering the national phase in China, it shall make a correction within 4 months from the date of entry. If no correction is made at the expiration of the time limit, the biological material shall be deemed not to have been submitted for preservation.

Where the applicant submits to the administrative department for patent under the State Council within four months from the date of entry, the certificate of preservation of the sample of biological material and the proof of survival shall be deemed to have been submitted within the time limit provided in Item (I) of Article 24 of these Rules.

Article 109 Where the invention-creation involved in an international application relies on genetic resources, the applicant shall explain it in a written statement that the international application enters the Chinese national phase, and fill in the form formulated by the patent administration department under the State Council.

Article 110 Where the applicant has claimed one or more priorities in the international phase, and the claim for priority continues to be valid when entering the Chinese national phase, it shall be deemed to have submitted a written statement in accordance with the provisions of Article 30 of the Patent Law.

The applicant shall pay the priority claim fee within 2 months from the date of entry; if the fee is not paid or paid in full at the expiration of the time limit, the priority shall be deemed not to be claimed.

If the applicant has already submitted a copy of the earlier application document in accordance with the provisions of the Patent Cooperation Treaty in the international phase, it is not necessary to submit a copy of the earlier application document to the patent administration department of the State Council when going through the formalities for entering the national phase in China. If the applicant fails to submit copies of the earlier application documents in the international phase, the administrative department for patent under the State Council may, if it deems it necessary, notify the applicant to submit them within a specified time limit; if the applicant fails to submit them within the time limit, his claim for priority shall be deemed not to have been made.

Article 111 Where, before the expiration of 30 months from the priority date, a request is made to the administrative department for patent under the State Council for handling and examining the international application in advance, the applicant shall, in addition to completing the formalities for entering the national phase in China, file a request in accordance with the provisions of paragraph 2 of Article 23 of the Patent Cooperation Treaty. Where the International Bureau has not transmitted the international application to the administrative department for patent under the State Council, the applicant shall submit a copy of the confirmed international application.

Article 112 For an international application for the patent right for utility model, the applicant may, within two months from the date of entry, amend the patent application documents on his own initiative.

The provisions of paragraph 1 of Article 51 of these Rules shall apply to an international application for the patent right for invention.

Article 113 If the applicant finds any error in the Chinese translation of the words in the specification, claims or drawings submitted, he may, within the following time limits, make corrections in accordance with the text of the original international application:

(I) before the administrative department for patent under the State Council has completed the preparatory work for the publication of the application for a patent for invention or the announcement of the patent right for utility model;

The (II) shall, within three months from the date of receipt of the notification issued by the administrative department for patent under the State Council that the application for a patent for invention has entered the stage of substantive examination.

If the applicant corrects the translation errors, it shall submit a written request and pay the prescribed translation correction fee.

If the applicant corrects the translation in accordance with the requirements of the notice issued by the administrative department for patent under the State Council, it shall complete the formalities provided for in paragraph 2 of this Article within the specified time limit; if the prescribed formalities are not completed at the expiration of the time limit, the application shall be deemed to have been withdrawn.

Article 114 Where an international application for the patent right for invention is found by the administrative department for patent under the State Council to be in conformity with the relevant provisions of the Patent Law and these Rules after preliminary examination, it shall publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.

Where an international application for a patent for an invention is internationally published by the International Bureau in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; where the international application is published by the International Bureau in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of publication by the patent administration department of the State Council.

In the case of an international application, the publication mentioned in Articles 21 and 22 of the Patent Law means the publication specified in Paragraph 1 of this Article.

Article 115 Where an international application contains two or more inventions or utility models, the applicant may, from the date of entry, file a divisive application in accordance with the provisions of paragraph 1 of Article 42 of these Rules.

In the international phase, when the international search authority or the international preliminary examination authority considers that the international application does not meet the requirements of unity stipulated in the Patent Cooperation Treaty, the applicant fails to pay the surcharge as stipulated, resulting in some parts of the international application without international search or without international preliminary examination. When entering the Chinese national phase, the applicant requires that the said parts be used as the basis for examination, if the administrative department for patent under the State Council considers that the judgment of the unicity of the invention by the international search entity or the international preliminary examination entity is correct, it shall notify the applicant to pay the unicity restoration fee within the specified time limit. If the payment has not been made or the full amount has not been paid at the expiration of the period, the part of the international application that has not been searched or has not been subject to international preliminary examination shall be deemed to have been withdrawn.

Article 116 Where an international application is refused an international filing date or declared withdrawn by the relevant international entity in the international phase, the applicant may, within two months from the date of receipt of the notification, request the International Bureau to transmit a copy of any document in the international application file to the patent administration department under the State Council and, within that time limit, go through the formalities provided for in Article 103 of these Rules with the patent administration department under the State Council, the patent administration department under the State Council shall, after receiving the documents transmitted by the International Bureau, review the correctness of the decision made by the international unit.

Article 117 Based on the patent right granted by an international application, if the scope of protection determined in accordance with Article 59 of the Patent Law exceeds the scope expressed in the original text of the international application due to an error in translation, the scope of protection limited according to the original text shall prevail; If the scope of protection is less than the scope expressed in the original text of the international application, the scope of protection at the time of authorization shall prevail.
 

Chapter XI Supplementary Provisions

Article 118 With the consent of the administrative department for patent under the State Council, any person may consult or copy the file of the published or announced patent application and the Patent Register, and may request the administrative department for patent under the State Council to issue a copy of the Patent Register.

The file of a patent application that has been deemed to be withdrawn, rejected or voluntarily withdrawn shall not be preserved after the expiration of two years from the date of the expiration of the patent application.

The file of a patent right that has been abandoned, invalidated or terminated shall not be preserved after the expiration of three years from the date of the expiration of the patent right.

Article 119 The submission of application documents to the administrative department for patent under the State Council or the handling of various formalities shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives; if a patent agency is entrusted, the patent agency shall seal it.
If a request is made to change the name of the inventor, the name, nationality and address of the patent applicant and patentee, the name, address and agent name of the patent agency, the applicant shall go through the formalities for changing the description with the administrative department for patent under the State Council, and attach the supporting materials with the reasons for the change.

Article 120 Any document concerning an application or patent right shall be mailed to the administrative department for patent under the State Council by registered letter, not by parcel.

In addition to the patent application documents submitted for the first time, those who submit various documents to the patent administration department under the State Council and go through various formalities shall indicate the application number or patent number, the name of the invention-creation and the name or name of the applicant or patentee.

A letter should contain only the documents of the same application.

Article 121 All types of application documents shall be typed or printed, the handwriting shall be black, neat and clear, and shall not be altered. The drawings shall be drawn with a drafting tool and black ink, and the lines shall be uniform and clear and shall not be altered.

The request, description, claims, drawings and abstract shall be numbered sequentially in Arabic numerals.

The written part of the application documents shall be written horizontally. Paper is limited to single-sided use.

Article 122 The Patent Administration Department under the State Council shall formulate Guidelines for Patent Examination in accordance with the Patent Law and these Implementing Regulations.

Article 123 These Rules shall come into effect as of July 1, 2001. The Detailed Rules for the Implementation of the Patent Law of the People's Republic of China approved and amended by the State Council on December 12, 1992 and promulgated by the Patent Office of the People's Republic of China on December 21, 1992 shall be repealed simultaneously.