Implementing Regulations of the Patent Law (2023 Revision)

On December 21, 2023, China's State Council released the Amended Implementing Regulations of the Patent Law.  The Implementing Regulations explain how several provisions of China's amended Patent Law of 2021 will be implemented. The Regulations become effective January 20, 2024.

Chapter One

General Provisions

Article 1

The Implementation Regulations (IMR) are formulated in accordance with the Patent Law of the People’s Republic of China (hereinafter referred to as the ‘Patent Law’).
Article 2

All procedures stipulated by the Patent Law and IMR shall be conducted in written form or in other forms prescribed by the Patent Administration Department of the State Council. Data messages that can manifest the content in a tangible form and can be retrieved for inspection and use at any time, such as those exchanged electronically (hereinafter collectively referred to as ‘electronic form’), shall be deemed as written form.
Article 3

Documents submitted in accordance with the provisions of the Patent Law and IMR shall be in Chinese; standardized terms shall be used for scientific and technical terms that have been uniformly regulated by the state; where there is no uniform Chinese translation for foreign personal names, place names and scientific and technical terms, the original text shall be indicated.

Where documents, certificates, and certifying documents submitted in accordance with the provisions of the Patent Law and IMR are in a foreign language, the Patent Administration Department of the State Council may, if deemed necessary, require the party to provide a Chinese translation within a specified deadline; failure to provide the translation by the deadline shall be deemed as if the documents and certifying documents were not submitted.
Article 4

Documents sent by mail to the Patent Administration Department of the State Council shall be deemed to have been submitted on the date of the postmark; if the postmark date is unclear, and unless the party can provide evidence to the contrary, the date the documents are received by the Patent Administration Department of the State Council shall be deemed as the submission date.

Documents submitted electronically to the Patent Administration Department of the State Council shall be deemed to have been submitted on the date they enter the specific electronic system designated by the Patent Administration Department of the State Council.

Documents of the Patent Administration Department of the State Council may be served to the parties through electronic form, mail, direct delivery, or other methods. If the party has appointed a patent agency, the documents shall be delivered to the agency; if no patent agency is appointed, the documents shall be delivered to the contact person specified in the request.

Documents mailed by the Patent Administration Department of the State Council are presumed to be received by the party 15 days after the date of dispatch. If the party can provide evidence of the actual date of receipt, that date shall prevail.

Documents that are required by the Patent Administration Department of the State Council to be directly delivered shall be deemed served on the date of delivery.

If the address for document delivery is unclear and the documents cannot be mailed, they may be served by way of public announcement. One month after the date of the announcement, the document is deemed to have been served.

Documents served electronically by the Patent Administration Department of the State Council shall be deemed served on the date they enter the electronic system recognized by the party.
Article 5

For periods stipulated by the Patent Law and IMR, the day on which the period begins shall not be included in the period; the count shall start from the following day. For periods 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 falls on a statutory holiday, the next working day shall be the expiration date.
Article 6

In instances wherein a party has been delayed in adhering to the deadlines stipulated by the Patent Law or the provisions of IMR, or the deadlines designated by Patent Administration Department of State Council due to force majeure, resulting in the loss of their rights, they may request the reinstatement of said rights from Patent Administration Department of State Council within two months from the date the obstacle was removed, provided that the request is made within two years from the expiration of the initial deadline.

Beyond the circumstances outlined in the preceding paragraph, should a party be delayed in meeting the deadlines established by the Patent Law or IMR, or those set by Patent Administration Department of State Council for other legitimate reasons, resulting in the forfeiture of their rights, they may request the reinstatement of said rights from Patent Administration Department of State Council within two months of receiving notification. However, in cases of delay in requesting a review of the decision, the request for reinstatement must be made within two months from the expiration of the review request period.

When a party requests the reinstatement of rights in accordance with the first or second paragraph of this article, they must submit a written request for reinstatement of rights, provide an explanation of the reasons, attach the necessary supporting documents if required, and complete the corresponding procedures that should have been completed before the rights were lost. Furthermore, when requesting reinstatement of rights as stipulated in the second paragraph, the party must also pay the fee associated with the reinstatement request.

Parties wishing to extend a deadline designated by Patent Administration Department of State Council must submit a written request for an extension prior to the expiration of the deadline, provide the reasons for the extension, and complete the relevant procedures.

The provisions of the first and second paragraphs of this article do not apply to the deadlines specified in Articles 24, 29, 42, and 74 of the Patent Law.
Article 7

If a patent application pertains to national defense interests and requires confidentiality, it shall be accepted and examined by the national defense patent agency. Should Patent Administration Department of State Council accept a patent application that involves national defense interests requiring confidentiality, it must promptly transfer the application to the national defense patent agency for examination. If the national defense patent agency, upon examination, finds no grounds for rejection, the decision to grant the defense patent right will be made by Patent Administration Department of State Council.

Should Patent Administration Department of State Council deem an invention or utility model patent application, which it has accepted, to involve interests beyond national defense and necessitate confidentiality for reasons of national security or significant national interests, it shall promptly decide to handle the application as a confidential patent application and notify the applicant. The special procedures for the examination, review, and declaration of invalidity of confidential patent rights shall be stipulated by Patent Administration Department of State Council.
Article 8

An invention or utility model ‘completed in China,’ as referred to in Article 19 of the Patent Law, refers to an invention or utility model where the substantive content of the technical solution is completed within the territory of China.

Any entity or individual that applies for a patent in a foreign country for an invention or utility model completed in China must request a confidentiality review from Patent Administration Department of State Council in one of the following ways:

(i) If applying for a patent directly in a foreign country or submitting an international patent application to a relevant foreign organization, they must first submit a request to Patent Administration Department of State Council and provide a detailed explanation of their technical solution.

(ii) If intending to apply for a patent in a foreign country or submit an international patent application to a relevant foreign organization after applying for a patent with Patent Administration Department of State Council, they must submit a request to Patent Administration Department of State Council before applying abroad.

Filing an international patent application with Patent Administration Department of State Council is considered a concurrent request for a confidentiality review.
Article 9

Upon receiving a request submitted in accordance with Article 8 of IMR, if Patent Administration Department of State Council, after examination, considers that the invention or utility model might involve national security or significant national interests necessitating confidentiality, it shall issue a confidentiality review notification to the applicant within two months from the date the request was submitted. In complex cases, this period may be extended by an additional two months.

The patent administrative department of the State Council shall, in accordance with the provisions of the preceding paragraph, notify the applicant to undergo a confidentiality examination. A decision on whether the confidentiality review is necessary shall be made within four months from the date of the request for submission. If the situation is complex, this period may be extended by two months, and the applicant shall be notified accordingly.
Article 10

The term ‘inventions-creations in violation of the law’ as mentioned in Article 5 of the Patent Law does not include inventions-creations that are merely prohibited from being implemented by law.
Article 11

Applicants for patents shall adhere to the principle of honesty and good faith. All patent applications must be based on genuine inventive activities, and no fraudulent or deceptive practices shall be tolerated.
Article 12

Except for the circumstances provided for in Articles 28 and 42 of the Patent Law, the ‘date of application’ referred to in the Patent Law means the date of priority, where priority is claimed.

For the purposes of IMR, ‘date of application’ refers to the date of application as stipulated in Article 28 of the Patent Law, unless otherwise provided.
Article 13

The term ‘service inventions-creations’ as mentioned in Article 6 of the Patent Law refers to inventions-creations that are:

(i) made in the course of performing one’s duties;

(ii) made in the execution of tasks, other than one’s duties, assigned by one’s employer;

(iii) made within one year after retirement, transfer from the original employer, or termination of labor or personnel relations, and which are related to the duties performed at the original employer or tasks assigned by the said employer.

The term ‘the entity to which a person belongs’ as mentioned in Article 6 of the Patent Law includes temporary work units, and the term ‘material and technical conditions of the entity’ refers to the entity’s funds, equipment, spare parts, raw materials, or technical information and documents that are not publicly disclosed.
Article 14

The term ‘inventor or designer’ as referred to in the Patent Law denotes a person who has made a creative contribution to the substantive features of an invention-creation. Persons who only perform organizational work, facilitate the use of material and technical conditions, or engage in other auxiliary services during the completion of an invention-creation are not considered inventors or designers.
Article 15

Apart from the transfer of patent rights in accordance with Article 10 of the Patent Law, when patent rights are transferred for other reasons, the parties concerned shall, with the relevant supporting documents or legal instruments, proceed with the transfer formalities for the patent rights at the patent administrative department of the State Council.

Patent exploitation license contracts concluded between the patentee and another party shall be recorded with the patent administrative department of the State Council within three months from the date of the contract’s effectiveness.

For the pledge of patent rights, both the pledgor and the pledgee shall jointly carry out the pledge registration with the patent administrative department of the State Council.
Article 16

Patent work shall carry out the strategic deployment of the Party and the state on intellectual property rights, enhance the levels of creation, application, protection, management, and services of patents in China, support comprehensive innovation, and promote the construction of an innovative country.

The Patent Administrative Department of the State Council shall improve the public service capacity of patent information, release patent information that is complete, accurate, and timely, provide basic patent data, and encourage the open sharing and interconnectivity of patent-related data resources.

Chapter Two 

Application for Patents

Article 17

To apply for a patent, application documents must be submitted to the patent administrative department of the State Council. The application documents must meet prescribed requirements.

If an applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administrative department of the State Council, a power of attorney shall also be submitted, specifying the extent of the agency’s authority.

In cases where there are two or more applicants and no patent agency is entrusted, unless otherwise declared in the request, the first applicant indicated in the request shall act as the representative.
Article 18

In accordance with the provisions of paragraph 1 of Article 18 of the Patent Law, when entrusting a patent agency to apply for a patent and handle other patent affairs in China, the applicant or patentee may personally handle the following matters:

(i) To apply for the claim of priority, a copy of the initial patent application documents (hereinafter referred to as the ‘priority application’) must be submitted;

(ii) Payment of the prescribed fees shall be made;

(iii) Compliance with other matters as stipulated by the Patent Administration Department of the State Council.
Article 19

The request for patent application for an invention, utility model, or design shall clearly state the following information:

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

(ii) If the applicant is a Chinese entity or individual, their name or full legal name, address, postal code, unified social credit code, or identification number; if the applicant is a foreign individual, enterprise, or other organization, their name or full legal name, nationality, or country or region of registration;

(iii) The name(s) of the inventor(s) or designer(s);

(iv) If the applicant has appointed a patent agency, the name and agency code of the entrusted agency, and the name, qualification certificate number, and contact telephone number of the designated patent agent;

(v) If priority is claimed, the filing date, application number, and the name of the original receiving authority of the priority application;

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

(vii) A list of application documents;

(viii) A list of supplementary documents;

(ix) Any other pertinent matters that need to be clearly stated.
Article 20

The specification of a patent application for an invention or utility model shall clearly state the name of the invention or utility model, which must be consistent with the name indicated in the request. The specification shall include the following contents:

(i) Technical Field: Clearly describe the technical field to which the proposed technical solution belongs;

(ii) Background Art: Describe the background technology that is helpful for understanding, searching, and examining the invention or utility model; where feasible, reference documents reflecting this background technology shall be cited;

(iii) Disclosure of Invention: Clearly state the technical problem to be solved by the invention or utility model, the technical solution adopted to solve this problem, and compared with the prior art, the beneficial effects of the invention or utility model;

(iv) Brief Description of Drawings: If the specification includes drawings, provide a brief description of each drawing;

(v) Detailed Description of Embodiments: Describe in detail the preferred embodiment(s) for carrying out the invention or utility model as contemplated by the applicant; if necessary, provide examples; for applications with drawings, refer to the drawings accordingly.

The applicant for a patent for an invention or utility model shall draft the specification in the manner and order prescribed in the preceding clause, with titles clearly indicated for each section of the specification, unless the nature of the invention or utility model can be explained more concisely and understood more accurately by others when written in a different manner or order.

The language of the specification for an invention or utility model shall be standardized and clear, and shall not use referential phrases such as ‘as described in the claims…’ nor shall it contain promotional language.

If a patent application for an invention includes one or more nucleotide or amino acid sequences, the specification must include a sequence table in accordance with regulations set forth by the Patent Administration Department of the State Council.

The specification for a utility model patent application shall include drawings that depict the shape, structure, or their combination, of the product for which protection is sought.
Article 21

Several drawings of an invention or utility model shall be numbered in sequence as ‘Drawing 1, Drawing 2, …’ and so forth.

Marks in the drawings that are not mentioned in the textual part of the specification of an invention or utility model shall not appear in the drawings, and marks that do not appear in the drawings shall not be mentioned in the textual part of the specification. The same component represented in different drawings should bear consistent marking throughout the application documents.

The drawings shall, except for necessary terms, contain no additional annotations.

Article 22

The claims shall set forth the technical features of the invention or utility model.

Where the claims include multiple claims, they shall be numbered consecutively with Arabic numerals.

The scientific and technical terms used in the claims shall be consistent with those used in the description, and may include chemical or mathematical formulas, but shall not contain illustrations. Language such as ‘as described in the specification…’ or ‘as shown in Drawing…’ shall not be used, except where absolutely necessary.

Technical features in the claims may refer to corresponding designations in the drawings of the description, which should be placed after the respective technical features in parentheses to facilitate the understanding of the claims. Such designations in the drawings shall not be construed as limiting the scope of the claims.

Article 23

The claims shall comprise both independent and dependent claims.

An independent claim shall reflect the technical solution of the invention or utility model as a whole, and shall set forth the necessary technical features to solve the technical problem.

A dependent claim shall further define the claim it references with additional technical features.
Article 24

The independent claims for an invention or utility model shall include a preamble and a characterizing portion, and shall be drafted according to the following provisions:

(i) Preamble: State the title of the subject matter of the invention or utility model and the necessary technical features shared with the closest prior art.

(ii) Characterizing portion: Use phrases such as ‘characterized in that…’ or similar language to indicate the technical features that distinguish the invention or utility model from the closest prior art. These features, in combination with those stated in the preamble, define the scope of protection sought for the invention or utility model.

If the nature of the invention or utility model is not conducive to expression in the aforementioned manner, the independent claims may be drafted in a different format.

There shall only be one independent claim for an invention or utility model, which shall precede any dependent claims for the same invention or utility model.
Article 25

The dependent claims of an invention or utility model shall include a reference part and a limiting part, and shall be drafted according to the following provisions:

(i) Reference part: Indicate the number and title of the claim being referenced.

(ii) Limiting part: State the additional technical features of the invention or utility model.

A dependent claim may only reference preceding claims. A multiple dependent claim that references more than two claims must refer to the preceding claims in the alternative, and cannot serve as a basis for another multiple dependent claim.
Article 26

The abstract of the description should summarize the content disclosed in the patent application for the invention or utility model, including the title and technical field, and should clearly reflect the technical problem to be solved, the key points of the technical solution for solving the problem, and the main use.

The abstract may include the chemical formula that best illustrates the invention; for patent applications with drawings, the applicant should designate a drawing from the description that best illustrates the technical features of the invention or utility model as the abstract drawing. The abstract shall not contain promotional language.
Article 27

If the invention for which a patent is sought involves a new biological material that cannot be obtained by the public and for which the description is insufficient to enable a person skilled in the relevant field to implement the invention, the applicant shall, in addition to complying with the relevant provisions of the Patent Law and IMR, complete the following procedures:

(1) Prior to, or at the latest, on the date of the application (or the priority date, if priority is claimed), deposit a sample of the biological material with a depository institution recognized by the Patent Administration Department of the State Council, and submit the deposit and viability proof issued by the depository institution within four months from the application date. Failure to submit the proof within the prescribed period shall result in the sample being considered as not deposited.

(2) Provide information relating to the characteristics of the biological material in the application documents.

(3) Patent applications involving the deposit of biological material samples must specify in the request and description the taxonomic designation (including the Latin name) of the biological material, the name and address of the depository institution, the date of deposit, and the deposit number. If not specified at the time of application, this information must be corrected within four months from the application date. Failure to correct within the prescribed period shall result in the deposit being considered as not submitted.
Article 28

Following the publication of an invention patent application for which a biological material sample has been deposited in accordance with the provisions of Article 27 of IMR, any entity or individual who needs to use the biological material involved in the patent application for experimental purposes must submit a request to the Patent Administration Department of the State Council and specify the following:

(1) The name and address of the requester;

(2) An undertaking not to provide the biological material to any third party;

(3) An assurance that the biological material will be used solely for experimental purposes prior to the grant of patent rights.
Article 29

Genetic resources as referred to in the Patent Law are materials taken from humans, animals, plants, or microorganisms containing genetic functional units with actual or potential value, and genetic information generated from the utilization of such materials. Inventions created dependent on genetic resources are those inventions accomplished by utilizing the genetic functions of genetic resources.

For patent applications based on inventions created dependent on genetic resources, the applicant shall explain this in the request and fill out the forms prescribed by the Patent Administration Department of the State Council.

Article 30

Applicants shall submit relevant images or photographs for each design product for which protection is sought.

For applications of partial design patents, overall product views must be submitted, delineating the protected portions with a combination of broken and solid lines or other methods.

Where color protection is sought by the applicant, color images or photographs must be submitted.
Article 31

A brief description of the design shall include the name and use of the design product, key points of the design, and a designation of the image or photograph that best illustrates these key points. Any omitted views or colors sought to be protected shall be stated in the brief description.

For multiple similar designs of the same product filed in one design patent application, one shall be designated as the basic design in the brief description.

For applications of partial design patents, the portion for which protection is sought shall be stated in the brief description, except where it has already been delineated in the overall product view using a combination of broken and solid lines.

The brief description shall not contain commercial promotional language, nor shall it describe the performance of the product.

Article 32

When deemed necessary by the Patent Administration Department of State Council, a design patent applicant may be required to submit a sample or model of the product using the design. The sample or model shall not exceed dimensions of 30 centimeters × 30 centimeters × 30 centimeters, and shall not weigh more than 15 kilograms. Perishable, fragile, or hazardous items shall not be submitted as samples or models.
Article 33

The term ‘international exhibitions recognized by the Chinese government’ as stated in Item 2 of Article 24 of the Patent Law refers to international exhibitions that are registered with or recognized by the Bureau of International Expositions pursuant to the Convention Relating to International Exhibitions.

The term ‘academic or technical conferences’ as stated in Item 3 of Article 24 of the Patent Law refers to academic or technical conferences organized by relevant competent departments of the State Council or national academic organizations, as well as academic or technical conferences convened by international organizations and recognized by the relevant competent departments of the State Council.

If the invention or creation for which a patent is applied has the circumstances listed in Item 2 or Item 3 of Article 24 of the Patent Law, the applicant shall declare such at the time of filing the patent application, and within two months from the date of application, submit supporting documentation proving the invention has been exhibited or published, as well as the date of such exhibition or publication.

If the invention or creation for which a patent is applied has the circumstances listed in Item 1 or Item 4 of Article 24 of the Patent Law, the Patent Administration Department of the State Council may, when deemed necessary, require the applicant to submit supporting documentation within a designated period.

If the applicant fails to declare and submit supporting documentation as stipulated in Paragraph 3 of this Article, or fails to submit the supporting documentation within the designated period as stipulated in Paragraph 4 of this Article, the application shall not be subject to the provisions of Article 24 of the Patent Law.

Article 34

Where an applicant claims foreign priority in accordance with Article 30 of the Patent Law, a copy of the prior application documents must be certified by the original receiving office. However, if the Patent Administration Department of the State Council obtains a copy of the prior application documents through electronic exchange or other means as agreed upon with the receiving office, it shall be deemed that the applicant has submitted a certified copy of the prior application documents. If claiming domestic priority, the applicant shall be deemed to have submitted a copy of the prior application documents if the application number and date of the prior application are indicated in the request.

If the request for priority omits or incorrectly states one or two elements among the prior application date, application number, and name of the original receiving office, the Patent Administration Department of the State Council shall notify the applicant to correct the omission or error within a specified period; if the correction is not made within the deadline, the request for priority shall be deemed not to have been made.

If the name or designation of the applicant claiming priority differs from that of the applicant indicated in the prior application documents, proof of the transfer of priority rights must be submitted. Failure to submit such proof shall be deemed as not having claimed priority.

For a design patent applicant claiming foreign priority, if the prior application does not include a brief description of the design, and the brief description submitted by the applicant according to the provisions of Article 31 of IMR does not exceed the scope represented by the pictures or photographs in the prior application documents, such discrepancy shall not affect their right to enjoy priority.
Article 35

An applicant may claim one or more priorities in a single patent application; when claiming multiple priorities, the priority period of the application shall be calculated from the earliest priority date.

An applicant for an invention or utility model patent claiming domestic priority, whose prior application is an invention patent application, may file an invention or utility model patent application on the same subject matter; if the prior application is a utility model patent application, they may file a utility model or invention patent application on the same subject matter. A design patent applicant claiming domestic priority, whose prior application is an invention or utility model patent application, may file a design patent application on the same subject matter as shown in the drawings; if the prior application is a design patent application, they may file a design patent application on the same subject matter. However, if the subject matter of the prior application falls within one of the following conditions when filing the subsequent application, it may not serve as a basis for claiming domestic priority:

(i) Those who have claimed foreign or domestic priority;

(ii) Those who have been granted a patent right;

(iii) Those that pertain to divisional applications filed in accordance with prescribed regulations.

When an applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of the subsequent application, except for design patent applicants claiming domestic priority based on an invention or utility model patent application.
Article 36

If an applicant exceeds the time limit prescribed by Article 29 of the Patent Law to file an invention or utility model patent application with the Patent Administration Department of the State Council on the same subject matter and has justifiable reasons for doing so, they may request the restoration of priority within two months from the expiry of the said time limit.

Article 37

An applicant for an invention or utility model patent who has claimed priority may, within 16 months from the date of priority or within 4 months from the date of application, request to add or correct the claim of priority in the request.
Article 38

When an applicant without a habitual residence or place of business in China files a patent application or claims foreign priority, the Patent Administration Department of the State Council may, if deemed necessary, require the provision of the following documents:

(i) Proof of nationality for individual applicants;

(ii) Proof of registration for applicant entities or organizations in their country or region of registration;

(iii) Proof from the applicant’s home country acknowledging that Chinese entities and individuals may enjoy patent rights, priority, and other patent-related rights on an equal footing with nationals of that country.
Article 39

Pursuant to the provisions of the first paragraph of Article 31 of the Patent Law, two or more inventions or utility models that belong to a single general inventive concept presented as one patent application must be technically interrelated and include one or more of the same or corresponding specific technical features. These specific technical features refer to those that, taken as a whole for each invention or utility model, contribute to the existing technology.
Article 40

According to paragraph 2 Article 31 of the Patent Law, when multiple similar designs of the same product are submitted as one application, the other designs of the product must be similar to the basic design specified in the brief description. A single design patent application may not contain more than 10 similar designs.

The ‘two or more designs of products of the same category and sold or used as a set’ referred to in paragraph 2 Article 31 of the Patent Law means that each product belongs to the same main category in the classification table, is customarily sold or used together, and the designs of each product share the same design concept.

When two or more designs are submitted as one application, each design should be sequentially numbered and the numbers should be marked before the name of each image or photograph of the design product.
Article 41

When an applicant withdraws a patent application, they must submit a statement to the Patent Administration Department of the State Council specifying the name of the invention or creation, application number, and date of application.

If the declaration of withdrawal of a patent application is submitted after the Patent Administration Department of the State Council has completed the printing preparations for the publication of the patent application documents, the application documents will still be published; however, the declaration of withdrawal shall be announced in a subsequent issue of the Patent Gazette.

Chapter Three

Examination and Approval of Patent Applications

Article 42

During the preliminary examination, substantive examination, reexamination, and invalidation procedures, examiners or adjudicators with any of the following circumstances shall recuse themselves, and the parties or other interested parties may request their recusal:

(i) Is a close relative of the party or their legal representative;

(ii) Has a direct interest in the patent application or patent right;

(iii) Has other relationships with the party or their legal representative that may affect the impartial examination and adjudication;

(iv) Was involved in the examination of the original application during the re-examination or invalidation proceedings.

Article 43

Upon receipt of the request form, specification (including drawings for utility models as mandatory), and claims of an invention or utility model patent application, or the request form, pictures or photographs, and a brief description of a design patent application, the Patent Administration Department of the State Council shall determine the filing date, assign an application number, and notify the applicant thereof.
Article 44

In the event that a patent application document exhibits any of the following conditions, the Patent Administration Department of the State Council shall not accept the application and shall inform the applicant:

(i) If the invention or utility model patent application lacks the request form, specification (drawings are mandatory for utility models), or claims, or if the design patent application lacks the request form, pictures, photographs, or brief description;

(ii) If it is not in Chinese;

(iii) If the format of the application documents does not comply with the prescribed standards;

(iv) If the request form lacks the applicant’s name or designation, or address;

(v) If it clearly does not conform to the provisions of Article 17 or Article 18, paragraph 1, of the Patent Law;

(vi) If the category of patent application (invention, utility model, or design) is unclear or difficult to ascertain.
Article 45

If an invention or utility model patent application lacks or incorrectly submits the claims, specification, or a part thereof, but the applicant has claimed priority on the filing date, the applicant may, within two months from the filing date or within a period specified by the Patent Administration Department of the State Council, submit the missing documents by referencing the earlier application. If the submitted documents comply with the relevant regulations, the date of the initial submission shall be considered the filing date.
Article 46

If the specification refers to drawings but the drawings are absent or partially absent, the applicant shall, within a period specified by the Patent Administration Department of the State Council, submit the missing drawings or declare the cancellation of the description of the drawings. If the applicant submits the drawings, the date of submission or mailing to the Patent Administration Department of the State Council shall be deemed the filing date; if the description of the drawings is cancelled, the original filing date shall be retained.
Article 47

If two or more applicants apply for a patent for the same invention on the same day (referring to the filing date; if priority is claimed, then the priority date), they shall determine the applicant through negotiation after receiving notification from the Patent Administration Department of the State Council.

If the same applicant applies for both a utility model and an invention patent for the same invention on the same day (referring to the filing date), they must specify at the time of application that another patent has been applied for the same invention; if no such specification is made, the application will be processed in accordance with the provisions of Article 9, paragraph 1, of the Patent Law, which states that only one patent may be granted for the same invention.

When the Patent Administration Department of the State Council announces the grant of a utility model patent right, it shall also announce that the applicant has applied for an invention patent for the same invention in accordance with the provisions of paragraph 2 of this article.

If no grounds for rejection are found upon examination of the invention patent application, the Patent Administration Department of the State Council shall notify the applicant to declare the abandonment of the utility model patent right within the prescribed period. If the applicant declares abandonment, the Patent Administration Department of the State Council shall decide to grant the invention patent right and announce the applicant’s abandonment of the utility model patent right when announcing the grant of the invention patent. If the applicant disagrees with the abandonment, the Patent Administration Department of the State Council shall reject the invention patent application; if the applicant does not respond upon expiry of the period, it shall be deemed that the invention patent application has been withdrawn.

The utility model patent right shall terminate from the date on which the invention patent right is granted and announced.
Article 48

If a patent application includes two or more inventions, utility models, or designs, the applicant may, before the expiration of the period specified in Article 60, Paragraph 1 of IMR, submit a request for division to the Patent Administration Department of the State Council; however, if the patent application has already been rejected, withdrawn, or deemed to have been withdrawn, no request for division may be submitted.

If the Patent Administration Department of the State Council deems that a patent application does not comply with the provisions of Article 31 of the Patent Law and Articles 39 or 40 of IMR, it shall notify the applicant to amend the application within a specified period; if the applicant fails to respond by the deadline, the application shall be deemed to have been withdrawn.

A divisional application must not alter the category of the original application.

Article 49

A division of application filed in accordance with Article 48 of IMR may retain the original filing date and, if enjoying priority, may retain the priority date, provided that it does not exceed the scope disclosed in the original application.

A division of application shall be processed in accordance with the provisions of the Patent Law and IMR.

The request for a division of application shall include the application number and filing date of the original application.
Article 50

The preliminary examination referred to in Articles 34 and 40 of the Patent Law entails reviewing whether the patent application includes the documents stipulated by Articles 26 or 27 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and examining the following items:

(i) Whether the invention patent application clearly falls under the circumstances set forth in Articles 5 and 25 of the Patent Law, whether it does not comply with the provisions of Article 17, Article 18 Paragraph 1, Article 19 Paragraph 1 of Patent Law and Article 11, 19, 29 Paragraph 2 of IMR, and whether it clearly does not comply with the provisions of Article 2 Paragraph 2, Article 26 Paragraph 5, Article 31 Paragraph 1, Article 33 of Patent Law or Article 20 to 24 of IMR;

(ii) Whether the utility model patent application clearly falls under the circumstances set forth in Articles 5 and 25 of the Patent Law, whether it does not comply with the provisions of Articles 17, Article 18 Paragraph 1, Article 19 Paragraph 1 of Patent Law or Article 11, 19 to 22, 24 to 26 of IMR, and whether it clearly does not comply with the provisions of Article 2 Paragraph 3, Articles 22, Article 26 Paragraphs 3 and 4, Article 31 Paragraph 1, Article 33 or Article23 of Patent Law, or Article 49 Paragraph 1 of IMR, and whether it cannot obtain a patent right in accordance with Article 9 of the Patent Law;

(iii) Whether the design patent application clearly falls under the circumstances set forth in Article 5 and Article 25 Paragraph 1 Item 6 of the Patent Law, whether it does not comply with the provisions of Articles 17, 18 Paragraph 1 of Patent Law or Articles 11, 19, 30, 31 of IMR, and whether it clearly does not comply with the provisions of Article 2 Paragraph 4, Articles 23 Paragraphs 1 and 2, Article 27 Paragraph 2, Article 31 Paragraph 2, Article 33 of Patent Law or Article 49 Paragraph 1 of IMR, and whether it cannot obtain a patent right in accordance with Article 9 of the Patent Law;

(iv) Whether the application documents comply with the provisions of Article 2 and Articles 3 Paragraph 1 of IMR.

The Patent Administration Department of the State Council shall notify the applicant of the examination opinions and request that they state their opinions or make corrections within a designated period; if the applicant fails to respond by the deadline, their application shall be deemed to have been withdrawn. If, after the applicant has stated their opinions or made corrections, the Patent Administration Department of the State Council still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall be rejected.
Article 51

Documents submitted by the applicant to the Patent Administration Department of the State Council, other than the patent application documents, shall be deemed as not submitted in any of the following circumstances:

(1) If they are not in the prescribed format or not filled out in accordance with the stipulations;

(2) If the required supporting documents are not submitted as stipulated.

The Patent Administration Department of the State Council shall notify the applicant of any documents deemed as not submitted.

Article 52

If an applicant requests early publication of their invention patent application, they shall make a declaration to the Patent Administration Department of the State Council. After conducting a preliminary examination of the application, except where it is rejected, the Department shall immediately publish the application.

Article 53

When specifying the product using a design and its classification, the applicant shall use the classification table for designs published by the Patent Administration Department of the State Council. If the category of the product using the design is not specified or if the specified category is not precise, the Department may supplement or amend it.
Article 54

From the date of publication of the invention patent application to the date of the announcement of the grant of the patent right, any person may submit observations concerning the patent application which does not comply with the stipulations of the Patent Law to the Patent Administration Department of the State Council and state the reasons.
Article 55

If an applicant for an invention patent is unable to submit the search documents or examination result documents as required by Article 36 of the Patent Law due to justifiable reasons, they shall make a declaration to the Patent Administration Department of the State Council and submit the relevant documents as soon as they are obtained.
Article 56

When the Patent Administration Department of the State Council conducts an examination of a patent application on its own initiative in accordance with Paragraph 2 of Article 35 of the Patent Law, it shall notify the applicant.

The applicant may request a delay in the examination of the patent application.
Article 57

An applicant for an invention patent may voluntarily propose amendments to the invention patent application when requesting substantive examination, as well as within three months from the date of receipt of the notification from the Patent Administration Department of the State Council that the invention patent application has entered the substantive examination phase.

Applicants for utility model or design patents may voluntarily propose amendments to their applications within two months from the date of application.

When amending patent application documents following receipt of a notification of examination opinions from the Patent Administration Department of the State Council, the applicant shall amend the documents to address the deficiencies identified in the notification.

The Patent Administration Department of the State Council may make amendments on its own initiative to correct obvious errors in the text and symbols in the patent application documents. The Department shall notify the applicant of any such amendments it makes.

Article 58

Amendments to the description or claims of an invention or utility model patent application, apart from individual text amendments or additions/deletions, shall be submitted in the prescribed format using replacement pages. Amendments to the drawings or photographs of a design patent application shall be submitted using replacement pages in accordance with the prescribed format.

Article 59

Pursuant to the stipulations of Article 38 of the Patent Law, the circumstances in which an invention patent application should be rejected after substantive examination are as follows:

(1) If the application falls under the situations provided for in Articles 5 and 25 of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law;

(2) If the application does not comply with the provisions of Article 2, Paragraph 2, Article 19, Paragraph 1, Articles 22, Article 26, Paragraphs 3, 4, 5, Article 31, Paragraph 1 of Patent Law, or the provisions of Article 11 and Article 23, Paragraph 2 of IMR.

(iii) The proposed amendments to the application do not comply with the provisions of Article 33 of the Patent Law, or the application for division does not meet the requirements set forth in Article 49 Paragraph 1of IMR.

Article 60

After the Patent Administration Department of the State Council issues a notification of the grant of a patent right, the applicant shall complete the registration formalities within two months from the date of receipt of the notification. If the applicant completes the registration formalities within the prescribed time limit, the Patent Administration Department of the State Council shall grant the patent right, issue the patent certificate, and make an announcement thereof.

Failure to complete the registration formalities upon the expiration of the time limit shall be deemed as a waiver of the right to obtain the patent right.
Article 61

For a confidential patent application that does not disclose any grounds for rejection upon examination, the Patent Administration Department of the State Council shall decide to grant the right to the confidential patent, issue the confidential patent certificate, and register the relevant matters of the confidential patent right.
Article 62

After the announcement of the decision to grant patent rights for utility models or designs, the patentee, interested parties, or alleged infringers as stipulated in Article 66 of the Patent Law may request the Patent Administration Department of the State Council to prepare a patent evaluation report. The applicant may request the Patent Administration Department of the State Council to prepare a patent evaluation report at the time of completing the patent right registration formalities.

A request for a patent evaluation report shall be submitted along with a written request specifying the patent application number or patent number. Each request should be limited to a single patent application or patent right.

If the patent evaluation report request does not meet the prescribed requirements, the Patent Administration Department of the State Council shall notify the requester to make corrections within a specified period; if the requester fails to make the corrections within the time limit, the request shall be considered as not having been made.
Article 63

The Patent Administration Department of the State Council shall prepare a patent evaluation report within two months after receiving the patent evaluation report request, except when the applicant requests the preparation of a patent evaluation report at the time of completing the patent right registration formalities, in which case the Patent Administration Department of the State Council shall prepare the patent evaluation report within two months from the date of the announcement of the grant of the patent right.

If there are multiple requesters for a patent evaluation report for the same utility model or design patent right, the Patent Administration Department of the State Council shall prepare only one patent evaluation report. Any unit or individual may consult or copy said patent evaluation report.

Article 64

The Patent Administration Department of the State Council shall promptly correct any errors that appear in the patent announcements or patent specifications as soon as they are discovered and shall make an announcement regarding the corrections.

Chapter Four

Re-examination of Patent Applications and Declaration of Patent Rights Invalid

Article 65

In accordance with the provisions of Article 41 of the Patent Law, a request for re-examination to the Patent Administration Department of the State Council shall be submitted with a written request that states the reasons, and, if necessary, should be accompanied by relevant evidence.

If the re-examination request does not comply with the provisions of Article 18 Paragraph 1, or Article 41 Paragraph 1 of the Patent Law, the Patent Administration Department of the State Council shall not accept it, shall notify the requester in writing, and shall provide reasons.

If the re-examination request does not conform to the prescribed format, the requester shall correct it within a period specified by the Patent Administration Department of the State Council; if not corrected within the time limit, the re-examination request shall be considered as not having been made.

Article 66

The requester may amend the patent application documents when submitting a re-examination request or in responding to the re-examination notification from the Patent Administration Department of the State Council; however, such amendments should be limited to rectifying the deficiencies identified in the rejection decision or re-examination notification.
Article 67

Upon conducting a re-examination, should the Patent Administration Department of State Council determine that the request for re-examination does not comply with the provisions of the Patent Law and IMR, or that the patent application contains other manifest violations of the Patent Law and IMR, it shall notify the requester of re-examination to submit their observations within a prescribed period. If no response is received upon expiration of the period, the re-examination request shall be deemed to have been withdrawn. If, following the submission of observations or amendments, the Patent Administration Department of State Council still finds non-compliance with the provisions of the Patent Law and IMR, it shall issue a decision maintaining the original rejection.

After re-examination, if the Patent Administration Department of State Council finds that the original rejection decision does not comply with the provisions of the Patent Law and IMR, or believes that the amended patent application documents have remedied the deficiencies noted in the original rejection decision and the notice of re-examination, it shall revoke the original rejection decision and continue with the examination procedures.
Article 68

The requester of re-examination may withdraw their request before the Patent Administration Department of State Council makes a decision.

If the re-examination request is withdrawn by the requester before a decision is made by the Patent Administration Department of State Council, the re-examination procedure shall be terminated.

Article 69

In accordance with the provisions of Article 45 of the Patent Law, those requesting the declaration of a patent right as invalid or partially invalid shall submit a request for the declaration of invalidity of the patent right and the necessary evidence in duplicate to the Patent Administration Department of State Council. The request for declaration of invalidity shall specify the grounds for the request, in detail, in conjunction with all the evidence provided, and shall identify the evidence supporting each ground.

The grounds for the request for declaration of invalidity referred to in the preceding paragraph include situations where the granted patent does not comply with the provisions of Article 2, Article 19 Paragraph 1, Article 22, Article 23, Article 26 Paragraph 3, Article 26 Paragraph 4, Article 27 Paragraph 2, Article 33 of the Patent Law, or Article 11, Article 23 Paragraph 2, Article 49 Paragraph 1 of IMR, or falls under the circumstances provided by Article 5, Article 25 of the Patent Law, or cannot obtain a patent right in accordance with the provisions of Article 9 of the Patent Law.

Article 70

If the request for the declaration of invalidity of a patent right does not comply with the provisions of Article 18(1) of the Patent Law or Article 69 of IMR, the Patent Administration Department of State Council shall not accept it.

If, after the Patent Administration Department of State Council has made a decision on the request for declaration of invalidity, the same grounds and evidence are presented in a subsequent request for declaration of invalidity, the Patent Administration Department of State Council shall not accept it.

If a request for the declaration of invalidity of a design patent right is based on non-compliance with the provisions of Article 23(3) of the Patent Law, but evidence to prove the conflict of rights is not submitted, the Patent Administration Department of State Council shall not accept it.

If the request for the declaration of invalidity of a patent right does not meet the prescribed format, the requester must correct it within a period specified by the Patent Administration Department of State Council. If the correction is not made within the prescribed period, the request for declaration of invalidity shall be deemed not to have been made.

Article 71

After the Patent Administration Department of State Council accepts a request for declaration of invalidity, the requester may add grounds or supplement evidence within one month from the date of the request. If additional grounds or supplementary evidence are submitted after the expiration of the period, the Patent Administration Department of State Council may disregard them.

Article 72

The Patent Administration Department of State Council shall send copies of the request for the declaration of invalidity of the patent right and related documents to the patentee, and require them to submit their observations within a designated period.

The patentee and the requester for the declaration of invalidity shall respond within the designated period to the notices of transferred documents or the notices of examination of the request for the declaration of invalidity issued by the Patent Administration Department of State Council; failure to respond within the period shall not affect the proceedings of the Patent Administration Department of State Council.

Article 73

During the process of examining a request for declaration of invalidity, the patentee of an invention or utility model patent may amend the claims, provided that such amendments do not broaden the scope of the original patent protection. The Patent Administration Department of the State Council, upon the basis of the amended claims, shall make a decision to maintain the validity of the patent right or to declare the patent right invalid in part, and shall publish the amended claims accordingly.

The patentee of an invention or utility model patent shall not amend the specification or drawings of the patent, and the patentee of a design patent shall not amend the photographs, pictures, or the brief description of the design.
Article 74

The Patent Administration Department of the State Council may, upon request of the parties involved or as necessitated by the facts of the case, decide to conduct an oral hearing for the declaration of invalidity.

When the Patent Administration Department of the State Council decides to conduct an oral hearing for the declaration of invalidity, it shall issue a notice of oral hearing to the parties concerned, informing them of the date and place of the hearing. The parties shall respond within the time limit specified in the notice.

If the requester for the declaration of invalidity fails to respond to the notice of oral hearing sent from the Patent Administration Department of the State Council within the specified time limit and does not attend the oral hearing, their request for declaration of invalidity shall be deemed to be withdrawn; if the patentee does not attend the oral hearing, the hearing may proceed in their absence.

Article 75

During the review process for a declaration of invalidity, the time limits set by the Patent Administration Department of the State Council shall not be extended.

Article 76

Prior to the decision by the Patent Administration Department of the State Council on the request for declaration of invalidity, the requester may withdraw their request.

If the requester for the declaration of invalidity withdraws their request or is deemed to have withdrawn their request before the Patent Administration Department of the State Council makes a decision, the review process for the declaration of invalidity shall terminate. However, if the Patent Administration Department of the State Council deems that a decision can be made to declare the patent right invalid or partially invalid based on the review conducted, the review process shall not be terminated.

Chapter 5

Compensation for Patent Term

Article 77

In accordance with the provisions of Article 42 Paragraph 2 of the Patent Law, a patentee requesting compensation for the patent term shall do so within three months from the date of the announcement of the grant of the patent right to the Patent Administration Department of the State Council.

Article 78

For compensation of the patent term provided in accordance with Article 42 Paragraph 2 of the Patent Law, the compensation period shall be calculated based on the actual number of days of unreasonable delay in the authorization process of the invention patent.

The actual number of days of unreasonable delay in the authorization process of the invention patent referred to in the preceding paragraph is the number of days from the date on which four years have elapsed since the filing date of the invention patent application and three years since the date of the request for substantive examination until the date of the announcement of the grant of the patent right, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.

The following circumstances are considered reasonable delays:

(i) Delay caused by the patent grant after amendment of the patent application documents in accordance with the provisions of Article 66 of IMR;

(ii) Delay caused by the circumstances stipulated in Articles 103 and 104 of IMR;

(iii) Delay caused by other reasonable circumstances.

For the same applicant who applies for both a utility model patent and an invention patent on the same day for the same invention-creation and is granted the invention patent right in accordance with the provisions of Paragraph 4 of Article 47 of IMR, the term of the invention patent right obtained shall not be subject to the provisions of Article 42, Paragraph 2 of the Patent Law.
Article 79

The unreasonable delays caused by the applicant as stipulated in Article 42 Paragraph 2 of the Patent Law include the following circumstances:

(i) Failure to respond within the specified time limit to the notifications issued by the Patent Administration Department of the State Council;

(ii) Application for a delayed examination;

(iii) Delay caused by the circumstances stipulated in Article 45 of IMR;

(iv) Other unreasonable delays caused by the applicant.
Article 80

The new drug-related invention patents referred to in Article 42 Paragraph 3 of the Patent Law are patents for new drug products, patents for preparation methods, and patents for medical use.
Article 81

In accordance with the provisions of Article 42 Paragraph 3 of the Patent Law, a request for patent term extension for inventions related to new pharmaceuticals shall meet the following requirements and shall be submitted to the Patent Administration Department of the State Council within three months from the date on which the new pharmaceutical obtains marketing authorization in China:

(1) Where multiple patents exist for the new pharmaceutical, the patentee may only request patent term extension for one of those patents;

(2) Where a single patent pertains to multiple new pharmaceuticals, a request for patent term extension may only be made for one pharmaceutical in relation to that patent;

(3) The patent must be within its valid term and must not have previously been granted an extension for inventions related to new pharmaceuticals.
Article 82

The duration of the patent term extension granted in accordance with Article 42 Paragraph 3 of the Patent Law shall be determined by subtracting five years from the number of days between the patent application date and the date on which the new pharmaceutical obtains marketing authorization in China, based on compliance with the stipulations of Article 42 Paragraph 3 of the Patent Law.

Article 83

During the period of patent term extension for inventions related to new pharmaceuticals, the scope of protection of the patent is limited to the new pharmaceutical and the approved indications related thereto; within this scope, the rights and obligations of the patentee remain the same as before the extension.
Article 84

After examining requests for patent term extension submitted in accordance with Article 42 Paragraphs 2 and 3 of the Patent Law, the Patent Administration Department of the State Council, if it determines that the conditions for the extension are met, shall decide to grant the extension, which will be registered and announced; if the conditions are not met, it shall decide not to grant the extension and inform the patentee who made the request.

Chapter Six

Special Licensing of Patent Implementation

Article 85

A patentee who voluntarily declares an open license for their patent shall submit it after the announcement of the grant of the patent rights.

The declaration of an open license shall specify the following:

(1) The patent number;

(2) The name or designation of the patentee;

(3) The method and standard for payment of patent licensing fees;

(4) The term of the patent license;

(5) Other matters that need to be clarified.

The content of the open license declaration must be accurate and clear, and shall not contain commercial promotional language.
Article 86

Under any of the following circumstances, the patentee shall not implement an open license for the patent:

(1) If the patent is within a period of exclusive or sole licensing;

(2) If the patent falls under the suspension circumstances stipulated in Articles 103 and 104 of IMR;

(3) If the patentee has not paid the annual fees as required;

(4) If the patent is pledged and the pledgee has not consented;

(5) Other situations that hinder the effective implementation of the patent rights.
Article 87

Upon reaching a license agreement through an open license, the patentee or licensee must file with the Patent Administration Department of the State Council with written documentation that can prove the licensing agreement has been reached.
Article 88

The patentee shall not make an open license declaration or obtain a reduction in annual patent fees during the period of implementing an open license by providing false information, concealing facts, or other such means.
Article 89

The term ‘insufficient exploitation of the patent’ referred to in Article 53, Item 1 of the Patent Law indicates a situation where the manner or scale of the patent implementation by the patentee and their licensees does not meet the domestic demand for the patented product or method.

The term ‘pharmaceutical obtaining patent rights’ referred to in Article 55 of the Patent Law denotes any patented product in the medical field necessary to address public health issues, or any product directly obtained using the patented method, including the active ingredients required for manufacturing said product and the diagnostic tools needed for its use.
Article 90

Parties seeking to obtain a compulsory license shall submit a request for a compulsory license to the Patent Administration Department of the State Council, providing the rationale and attaching relevant supporting documentation.

The Patent Administration Department of the State Council shall deliver a copy of the compulsory license request to the patentee, who must submit their response within the designated period set by the aforementioned department. Failure to respond within the period will not preclude the Patent Administration Department from making a decision.

Prior to rendering a decision to reject a compulsory license request or to grant a compulsory license, the Patent Administration Department of the State Council shall notify both the requesting party and the patentee of the proposed decision and its reasons.

Decisions to grant compulsory licenses made by the Patent Administration Department of the State Council pursuant to Article 55 of the Patent Law shall also conform to the provisions concerning compulsory licenses for public health issues set forth in international treaties to which China is a signatory or participant, except where reservations have been made by China.

Article 91

Parties requesting an adjudication on the amount of remuneration for the use of a patent as provided for under Article 62 of the Patent Law shall submit an adjudication request to the Patent Administration Department of the State Council, together with documents proving that the parties have failed to reach an agreement. The Patent Administration Department shall make a ruling within three months of receipt of the request and notify the parties involved.

Chapter Seven

Rewards and Remuneration for Inventors or Designers of Service Inventions

Article 92

Entities granted patent rights may agree with inventors or designers on the method and amount of rewards and remuneration stipulated in Article 15 of the Patent Law, or may specify these in their legally established rules and regulations. Entities are encouraged to implement property right incentives such as shares, stock options, and dividends to allow inventors or designers to reasonably share in the benefits of innovation.

Rewards and remuneration given to inventors or designers by enterprises and institutions shall be processed in accordance with relevant national financial and accounting systems.

Article 93

If an entity granted patent rights has not stipulated with the inventor or designer, nor in its legally established rules and regulations, the method and amount of rewards as provided for under Article 15 of the Patent Law, it must issue a bonus to the inventor or designer within three months from the date of patent grant announcement. The bonus for an invention patent shall not be less than 4,000 yuan; for a utility model or design patent, not less than 1,500 yuan.

Where an invention has been completed due to the adoption of the inventor or designer’s suggestions by the entity to which they belong, said entity shall prioritize the issue of a bonus.
Article 94

If an entity granted patent rights has not stipulated with the inventor or designer, nor in its legally established rules and regulations, the method and amount of remuneration as provided for under Article 15 of the Patent Law, it shall provide reasonable remuneration to the inventor or designer in accordance with the provisions of the ‘Promotion of Science and Technology Achievements Transformation Law of the People’s Republic of China.’

Chapter Eight

Protection of Patent Rights

Article 95

Departments managing patent affairs under the People’s Governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as those in prefectural-level cities, autonomous prefectures, leagues, districts, and districts of municipalities directly under the Central Government with a substantial volume of patent management work and the actual capacity to handle such matters, may handle and mediate patent disputes.
Article 96

The following situations are considered to constitute ‘patent infringement disputes with significant national impact’ as referred to in Article 70 of the Patent Law:

(1) Those involving significant public interest;

(2) Those with a significant impact on the development of an industry;

(iii) Significant cases that span across provinces, autonomous regions, or municipalities directly under the central government;

(iv) Other circumstances that the patent administration department of the State Council deems may have a significant impact;

If a patentee or an interested party requests the patent administration department of the State Council to handle a patent infringement dispute, and the related case does not fall under the category of patent infringement dispute with significant national impact, the patent administration department of the State Council may designate the appropriate local governmental department in charge of patent affairs to handle the matter.
Article 97

When a party requests the handling of a patent infringement dispute or mediation of a patent dispute, the department in charge of patent affairs at the location of the respondent or where the infringement occurred shall have jurisdiction.

In the case of patent disputes over which two or more departments in charge of patent affairs have jurisdiction, the party may submit a request to one of such departments; if the party submits the request to two or more departments with jurisdiction, the department that first accepts the request shall have jurisdiction.

If there is a dispute over jurisdiction between departments in charge of patent affairs, the department that is their common higher-level people’s government in charge of patent affairs shall designate the jurisdiction; if there is no such common higher-level department, the patent administration department of the State Council shall designate the jurisdiction.
Article 98

During the process of handling a patent infringement dispute, if the respondent files a request for declaration of invalidity accepted by the Patent Administration Department of the State Council, they may request the suspension of the proceedings by the department in charge of patent affairs.

If the department in charge of patent affairs deems that the reasons for suspension presented by the respondent are clearly untenable, it may decide not to suspend the proceedings.
Article 99

A patentee who marks the patent on their patented product or its packaging in accordance with Article 16 of the Patent Law shall do so in the manner prescribed by the patent administration department of the State Council.

If the patent marking does not comply with the stipulations mentioned above, the department responsible for patent enforcement at or above the county level shall order a correction to be made.

Article 100

If an applicant or a patentee violates the provisions of Article 11 or Article 88 of IMR, the department responsible for patent enforcement at or above the county level shall issue a warning and may impose a fine of up to RMB 100,000.
Article 101

The following acts are considered to be counterfeiting patents as stipulated by Article 68 of the Patent Law:

(i) Marking patent indications on products or their packaging that have not been granted patent rights, continuing to mark patent indications on products or their packaging after the patent right has been declared invalid or after it has terminated, or marking someone else’s patent number on products or product packaging without authorization;

(ii) Selling the products mentioned in item (i);

(iii) Referring to technology or designs that have not been granted patent rights as ‘patent technology’ or ‘patent design’ in product manuals or other materials, calling a patent application a ‘patent’, or using someone else’s patent number without authorization, causing the public to mistake the technology or design involved for patent technology or patent design;

(iv) Forging or altering patent certificates, patent documents, or patent application documents;

(v) Any other act that confuses the public into mistaking technology or designs that have not been granted patent rights for patent technology or patent design.

Marking patent indications on patent products, products directly obtained by the patented method, or their packaging in accordance with the law before the termination of the patent right, and promising to sell or selling said products after the termination of the patent right, shall not be considered as counterfeiting patents.

If a product sold is unknowingly counterfeit and the seller can prove the product has a lawful origin, the department responsible for patent enforcement at or above the county level shall order the cessation of sales.
Article 102

Apart from the provisions set forth in Article 65 of the Patent Law, the department administering patent affairs shall, upon request of the parties involved, mediate the following patent disputes:

(i) Disputes over the entitlement to patent application rights and patent rights;

(ii) Disputes concerning the qualification of inventors or designers;

(iii) Disputes over rewards and remuneration for inventors or designers of service inventions;

(iv) Disputes arising from the use of an invention after the publication of the patent application but before the grant of patent rights, without payment of appropriate fees;

(v) Other patent disputes.

With respect to disputes referred to in subparagraph (iv) above, a request for mediation by the department administering patent affairs shall be made after the grant of the patent rights.
Article 103

Where a party is involved in a dispute over the entitlement to patent application rights or patent rights and has requested mediation by the department administering patent affairs or has filed a lawsuit with the People’s Court, they may request the State Council’s patent administration to suspend the relevant procedures.

A request to suspend the relevant procedures pursuant to the preceding provision shall be submitted to Patent Administration Department of State Council, with the written request explaining reasons and accompanied by a copy of the acceptance document from the department administering patent affairs or the People’s Court that specifies the application number or patent number. If Patent Administration Department of State Council deems the reasons for suspension clearly untenable, it may decline to suspend the relevant procedures.

After the mediation agreement issued by the department administering patent affairs becomes effective, or a judgment made by the People’s Court comes into effect, the parties shall carry out the procedures to resume the suspended procedures with Patent Administration Department of State Council. If the dispute over the entitlement to patent application rights or patent rights is not settled within one year from the request for suspension and there is a need to continue the suspension of the relevant procedures, the requestor shall apply for an extension within that period. If no extension is requested upon expiration, Patent Administration Department of State Council shall resume the relevant procedures on its own initiative.
Article 104

When the People’s Court decides to take preservation measures for the patent application rights or patent rights during the trial of civil cases, Patent Administration Department of State Council shall suspend the relevant procedures for the patent application rights or patent rights under preservation upon receipt of a ruling and notice of assistance in execution that specifies the application number or patent number. If the period for preservation expires without a court ruling to continue the preservation measures, Patent Administration Department of State Council shall resume the relevant procedures on its own initiative.
Article 105

The suspension of relevant procedures by Patent Administration Department of State Council, pursuant to the provisions of Articles 103 and 104 of IMR, refers to the suspension of the preliminary examination, substantive examination, re-examination procedures for patent applications, procedures for the grant of patent rights, and procedures for declaring patent rights invalid; suspension of procedures for the relinquishment, alteration, transfer of patent rights or patent application rights, patent pledge procedures, and procedures for the termination of patent rights prior to the expiration of the patent term, among others.

Chapter 9

Patent Registration and Patent Gazette

Article 106

The patent administration department of the State Council shall establish a patent register to record the following matters related to patent applications and patent rights:

(i) The grant of patent rights;

(ii) The transfer of patent application rights and patent rights;

(iii) The pledge of patent rights, preservation and release thereof;

(iv) The recordal of patent licensing contracts;

(v) The declassification of national defense patents and confidential patents;

(vi) The declaration of patent rights as invalid;

(vii) The termination of patent rights;

(viii) The restoration of patent rights;

(ix) The compensation for the term of patent rights;

(x) The offering of open licenses for the implementation of patents;

(xi) The granting of compulsory licenses for the implementation of patents;

(xii) Changes in the name or designation, nationality, and address of the patentee.
Article 107

The Patent Administration Department of the State Council shall periodically publish a Patent Gazette, disclosing or announcing the following content:

(i) Bibliographic data and abstracts of invention patent applications;

(ii) Requests for substantive examination of invention patent applications and decisions made by the Patent Administration Department of the State Council to conduct substantive examination on invention patent applications suo motu;

(iii) Post-publication rejections, withdrawals, deemed withdrawals, deemed abandonments, restorations, and transfers of invention patent applications;

(iv) The grant of patent rights and the bibliographic data thereof;

(v) Abstracts of utility model patents and a drawing or photograph of design patents;

(vi) Declassification of patents related to national defense and confidential patents;

(vii) Declarations of patent invalidity;

(viii) Termination and restoration of patent rights;

(ix) Compensation for the term of patent rights;

(x) Transfer of patent rights;

(xi) Recordation of patent licensing contracts;

(xii) Pledges, preservation, and release thereof concerning patent rights;

(xiii) Open licensing of patent implementation;

(xiv) Granting of compulsory licenses for patent implementation;

(xv) Changes in the name or designation, nationality, and address of the patentee;

(xvi) Service of announcements by publication;

(xvii) Corrections made by the Patent Administration Department of the State Council;

(xviii) Other relevant matters.

Article 108

The Patent Administration Department of the State Council shall provide the Patent Gazette, separate volumes of invention patent applications, and separate volumes of invention patents, utility model patents, and design patents for public inspection free of charge.
Article 109

The Patent Administration Department of the State Council is responsible for the exchange of patent documentation with patent authorities of other countries or regions or regional patent organizations in accordance with the principle of reciprocity.

Chapter Ten

Fees

Article 110

The following fees shall be paid when applying for patents and conducting other procedures with the Patent Administration Department of the State Council:

(i) Application fees, additional application fees, publication printing fees, and priority claim fees;

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

(iii) Annual fees;

(iv) Fees for requests to restore rights and for extension of time limits;

(v) Fees for changes in bibliographic data, requests for patent evaluation reports, requests for declarations of invalidity, and fees for certified copies of patent documents.

The standards for the payment of the various fees listed in the preceding paragraph shall be stipulated by the relevant departments of the State Council in charge of development and reform and finance in conjunction with the Patent Administration Department of the State Council in accordance with their respective responsibilities. The finance and development and reform departments of the State Council may adjust the types and standards of fees to be paid for applying for patents and conducting other procedures in conjunction with the Patent Administration Department of the State Council based on actual circumstances.
Article 111

The various fees prescribed by the Patent Law and IMR shall be strictly paid in accordance with the stipulations.

Payment of fees directly to the Patent Administration Department of the State Council shall be on the date of payment; payments made through the postal remittance system shall be on the date of the postal stamp issued by the post office; and payments made through bank remittance shall be on the actual date of transfer by the bank.

In the event of overpayment, duplicate payment, or incorrect payment of patent fees, the party concerned may request a refund from the Patent Administration Department of the State Council within three years from the date of payment, and the Patent Administration Department of the State Council shall refund the amount.

Article 112

Applicants shall pay the application fee, the publication printing fee, and the necessary additional application fee within two months from the date of application, or within 15 days from the date of receipt of the acceptance notification; if not paid or not fully paid within the time limit, the application shall be deemed withdrawn.

Applicants claiming priority must pay the priority claim fee at the same time as the application fee; if not paid or not fully paid within the time limit, the priority claim shall be deemed not made.
Article 113

Parties requesting substantive examination or re-examination shall pay the fees within the time limits prescribed by the Patent Law and IMR; if the fees are not paid or are insufficiently paid upon expiration of the time limit, the request shall be deemed not to have been made.
Article 114

When an applicant goes through registration formalities, the annual fee for the year in which the patent right is granted shall be paid; if the fee is not paid or is insufficiently paid upon expiration of the time limit, the registration formalities shall be deemed not to have been completed.
Article 115

The annual fees for the years following 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 pays an insufficient amount, the Patent Administration Department of the State Council shall notify the patentee to make the payment within six months from the due date, along with a surcharge. The surcharge shall be calculated at 5% of the full annual fee for each month beyond the prescribed payment period; if the fee is not paid upon expiration of the time limit, the patent right shall terminate as of the due date for the annual fee.
Article 116

The fee for requesting the restoration of rights shall be paid within the time limits prescribed by IMR; if the fee is not paid or is insufficiently paid upon expiration of the time limit, the request shall be deemed not to have been made.

The fee for requesting an extension of time shall be paid before the expiration of the corresponding period; if the fee is not paid or is insufficiently paid upon expiration of the time limit, the request shall be deemed not to have been made.

The fees for changing bibliographic data, requesting a patent evaluation report, and requesting the declaration of invalidity shall be paid within one month from the date of the request; if the fee is not paid or is insufficiently paid upon expiration of the time limit, the request shall be deemed not to have been made.

Article 117

If an applicant or patentee has difficulties in paying the various fees prescribed by IMR, they may apply for a reduction of fees to the Patent Administration Department of the State Council according to regulations. The method of reduction shall be determined by the financial department under the State Council, in conjunction with the developmental and reform departments, and the Patent Administration Department of the State Council.

Chapter Eleven

Special Provisions Regarding International Applications for Inventions and Utility Models

Article 118

The Patent Administration Department of the State Council shall accept patent international applications filed according to Article 19 of the Patent Law, in accordance with the Patent Cooperation Treaty.

The conditions and procedures for the entry of patent international applications (hereinafter referred to as ‘international applications’) that are filed according to the Patent Cooperation Treaty and designate China into the processing phase by the Patent Administration Department of the State Council (hereinafter referred to as ‘entry into the Chinese National Phase’) shall be subject to the provisions of this Chapter; where this Chapter does not stipulate, the relevant provisions of other Chapters of the Patent Law and IMR shall apply.

Article 119

International applications that have been accorded an international filing date and designate China shall be deemed to have been filed with the Patent Administration Department of the State Council, and the international filing date shall be deemed to be the application date referred to in Article 28 of the Patent Law.
Article 120

The applicant of an international application shall, within 30 months from the priority date referred to in Article 2 of the Patent Cooperation Treaty (hereinafter referred to as ‘priority date’), complete the procedures for entry into the Chinese National Phase with the Patent Administration Department of the State Council; if the applicant fails to complete these procedures within the said time limit, they may do so within 32 months from the priority date, upon payment of a grace fee.
Article 121

An applicant who completes the procedures for entry into the Chinese National Phase pursuant to Article 120 of IMR must meet the following requirements:

(i) Submit a written declaration in Chinese for entering the Chinese National Phase, clearly stating the international application number and the type of patent right sought;

(ii) Pay the application fee and publication printing fee as stipulated in Article 110, Paragraph 1, of IMR and, if necessary, the grace fee stipulated in Article 120.

(iii) Where the international application is filed in a foreign language, a Chinese translation of the specification and claims of the original international application shall be submitted;

(iv) In the written declaration for entering the Chinese national phase, the title of the invention, the name or designation and address of the applicant, and the name of the inventor shall be stated, which should 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 indicated in the international application, their name shall be stated in the said declaration;

(v) Where the international application is filed in a foreign language, a Chinese translation of the abstract shall be submitted, and if there are drawings and abstract drawings, copies of the drawings shall be provided along with the designation of the abstract drawings; where there is text in the drawings, it shall be replaced with the corresponding Chinese text;

(vi) If a change of applicant has been processed with the International Bureau during the international phase, proof of the entitlement of the changed applicant to the right of application shall be provided when necessary;

(vii) When necessary, the additional fee prescribed in Article 110, paragraph 1 of IMR shall be paid.

If the requirements of items (i) to (iii) of the first paragraph of this Article are met, the Patent Administration Department of the State Council shall assign an application number, specify the date of entry of the international application into the Chinese national phase (hereinafter referred to as the ‘date of entry’), and notify the applicant that their international application has entered the Chinese national phase.

If the international application has entered the Chinese national phase but does not comply with the requirements of items (iv) through (vii) of the first paragraph of this Article, the Patent Administration Department of the State Council shall notify the applicant to correct the deficiencies within a specified deadline; if the deficiencies are not corrected upon the expiration of the deadline, the application shall be deemed to be withdrawn.
Article 122

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

(i) During the international phase, the international application is withdrawn, deemed to be withdrawn, or the designation of China is withdrawn;

(ii) The applicant fails to perform the procedures for entering the Chinese national phase within 32 months from the priority date in accordance with the provisions of Article 120 of IMR;

(iii) The applicant performs the procedures for entering the Chinese national phase, but still fails to comply with the requirements of items (i) through (iii) of Article 121 within the 32-month period from the priority date.

In accordance with item (i) of the preceding paragraph, if the effectiveness of the international application in China is terminated, the provisions of Article 6 of IMR shall not apply; in accordance with items (ii) and (iii) of the preceding paragraph, if the effectiveness of the international application in China is terminated, the provisions of paragraph 2 of Article 6 of IMR shall not apply.
Article 123

If the international application has been amended during the international phase and the applicant requests that the examination be based on the amended application documents, a Chinese translation of the amended parts must be submitted within two months from the date of entry. If the Chinese translation is not submitted within this period, the amendments proposed by the applicant during the international phase will not be considered by the Patent Administration Department of the State Council.
Article 124

If the invention or creation involved in the international application falls under one of the situations listed in items (ii) or (iii) of Article 24 of the Patent Law, and a declaration to this effect has been made at the time of filing the international application, the applicant shall explain this in the written declaration for entering the Chinese national phase, and submit the relevant proof documents prescribed in paragraph 3 of Article 33 of IMR within two months from the date of entry; if the explanation is not given or the proof documents are not submitted within the deadline, the provisions of Article 24 of the Patent Law shall not apply to their application.
Article 125

If the applicant has made a statement concerning the deposit of biological material samples in accordance with the provisions of the Patent Cooperation Treaty, it shall be deemed that the requirements of item (iii) of Article 27 of IMR have been satisfied. The applicant shall indicate in the declaration for entering the Chinese national phase the document in which the matter of the deposit of the biological material sample is recorded, as well as the specific location of such record in the document.

The applicant should have documented the preservation of biological material samples in the description of the original international application. However, if not specified in the declaration upon entering the Chinese national phase, the correction must be made within four months from the date of entry. If the correction is not made within this period, the biological material will be deemed not submitted.

If the applicant submits the preservation and viability proof of the biological material samples to the Patent Administration Department of the State Council within four months from the date of entry, it shall be considered as submitted within the deadline stipulated in Article 27, Paragraph (1) of IMR.

Article 126

Where the invention or creation involved in the international application is based on genetic resources, the applicant shall explain this in the written declaration when entering the Chinese national phase and complete the forms prescribed by the Patent Administration Department of the State Council.
Article 127

If the applicant has claimed one or more priorities during the international phase and such priority claim(s) remain valid upon entering the Chinese national phase, it shall be considered as having submitted a written declaration in accordance with Article 30 of the Patent Law.

The applicant shall pay the priority claim fee within two months from the date of entry; if the fee is not paid or is insufficiently paid by the expiration of the period, the priority claim will be deemed not to have been made.

If the applicant has already submitted a copy of the earlier application document in accordance with the provisions of the Patent Cooperation Treaty during the international phase, it is not required to submit a copy of the earlier application document to the Patent Administration Department of the State Council when completing the procedures for entering the Chinese national phase. If the applicant did not submit a copy of the earlier application document during the international phase and the Patent Administration Department of the State Council deems it necessary, the applicant may be notified to submit the document within a specified period; if the applicant fails to submit within the period, the priority claim will be considered as not having been made.
Article 128

If the filing date of the international application is within two months after the expiration of the priority period and the Receiving Office has approved the restoration of priority, it shall be deemed that a request for restoration of priority has been made in accordance with Article 36 of IMR; if the applicant did not request restoration of priority during the international phase, or the request was made but not approved by the Receiving Office, and there are legitimate reasons, the applicant may request the restoration of priority from the Patent Administration Department of the State Council within two months from the date of entry.
Article 129

If an applicant requests the Patent Administration Department of the State Council to expedite processing and examination of an international application before the expiration of 30 months from the priority date, in addition to completing the procedures for entering the Chinese national phase, the applicant shall also make a request in accordance with Article 23(2) of the Patent Cooperation Treaty. If the International Bureau has not yet transmitted the international application to the Patent Administration Department of the State Council, the applicant must submit a verified copy of the international application.
Article 130

For international applications seeking utility model patent rights, the applicant may proactively propose amendments to the patent application documents within two months from the date of entry.

For international applications seeking invention patent rights, the provisions of Article 57, Paragraph 1 of IMR shall apply.

Article 131

If the applicant discovers errors in the Chinese translation of the text in the submitted description, claims, or drawings, corrections can be made within the following prescribed periods based on the original international application text:

(1) Before the Patent Administration Department of the State Council completes preparations for publishing the invention patent application or announcing the utility model patent right;

(2) Within three months from the date of receiving the notification from the Patent Administration Department of the State Council that the invention patent application has entered the substantive examination phase.

When correcting errors in the translation, the applicant must submit a written request and pay the prescribed fee for correcting the translation.

Should the applicant amend the translation in accordance with the requirements set forth in the notification from the Patent Administration Department of the State Council, the applicant shall complete the procedures prescribed in the second paragraph of this Article within the designated time limit; failure to complete the prescribed procedures upon expiration of the time limit shall result in the application being deemed as withdrawn.

Article 132

For international applications seeking the grant of an invention patent, if the Patent Administration Department of the State Council preliminarily determines that the application complies with the Patent Law and the provisions of IMR, it shall be published in the Patent Gazette; if an international application is submitted in a language other than Chinese, the Chinese translation of the application documents shall be published.

International applications seeking the grant of an invention patent, which are published in Chinese by the International Bureau, shall be subject to the provisions of Article 13 of the Patent Law from the date of international publication or the date of publication by the Patent Administration Department of the State Council; those published by the International Bureau in a language other than Chinese shall be subject to the provisions of Article 13 of the Patent Law from the date of publication by the Patent Administration Department of the State Council.

With respect to international applications, the publication referred to in Articles 21 and 22 of the Patent Law shall mean the publication as prescribed in the first paragraph of this Article.
Article 133

Where an international application includes two or more inventions or utility models, the applicant may file a divisional application in accordance with the provisions of the first paragraph of Article 48 of IMR, starting from the entry date.

During the international phase, if the International Searching Authority or the International Preliminary Examining Authority finds that the international application does not meet the unity of invention requirement prescribed by the Patent Cooperation Treaty and the applicant has not paid the additional fees as required, resulting in some parts of the international application not being searched or preliminarily examined, and if upon entering the Chinese national phase, the applicant requests these parts to be used as the basis for examination and the Patent Administration Department of the State Council agrees with the assessment of unity of invention made by the International Searching Authority or the International Preliminary Examining Authority, the applicant shall be notified to pay the unity reinstatement fee within a specified period. If the fee is not paid, or not paid in full, upon expiration of the time limit, the parts of the international application that were not searched or not subject to international preliminary examination shall be deemed as withdrawn.
Article 134

If an international application is denied an international filing date or declared withdrawn by the relevant international authorities during the international phase, the applicant may, within two months from the date of receiving the notification, request the International Bureau to transfer any document copies from the international application file to the Patent Administration Department of the State Council and complete the procedures stipulated in Article 120 of IMR within the same period. The Patent Administration Department of the State Council shall, upon receipt of the documents transferred by the International Bureau, review the correctness of the decision made by the international authorities.

Article 135

For patents granted based on international applications, where errors in the translation result in a scope of protection determined according to Article 64 of the Patent Law that exceeds the scope expressed in the original text of the international application, the scope of protection shall be limited to that of the original text; 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 grant shall prevail.

Chapter Twelve

Special Provisions on International Applications for Industrial Designs

Article 136

The Patent Administration Department of the State Council shall process international design registration applications filed according to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (1999 text) (hereinafter referred to as the Hague Agreement), in accordance with the provisions of Article 19, paragraphs 2 and 3, of the Patent Law.

The conditions and procedures for the Patent Administration Department of the State Council to process international design registration applications filed in accordance with the Hague Agreement and designating China (hereinafter referred to as international design applications) are subject to the provisions of this Chapter; for matters not stipulated in this Chapter, the relevant provisions of other chapters of the Patent Law and IMR shall apply.
Article 137

An international application for an industrial design that has been internationally registered on an established date pursuant to the Hague Agreement and designates China shall be deemed to have been filed with the Patent Administration Department of the State Council as an application for a patent for industrial design. The international registration date shall be considered the filing date referred to in Article 28 of the Patent Law.
Article 138

Following the International Bureau’s publication of the international industrial design application, the Patent Administration Department of the State Council shall examine the application and notify the International Bureau of the results.
Article 139

If the international application for an industrial design published by the International Bureau includes one or more claims of priority, it shall be deemed that a written declaration has been made in accordance with the provisions of Article 30 of the Patent Law.

Applicants for an international industrial design application claiming priority must submit a copy of the prior application documents within three months from the date of publication of the international application.
Article 140

If the industrial design involved in the international application falls under the circumstances listed in Item (2) or (3) of Article 24 of the Patent Law, a declaration shall be made at the time of filing the international application, and relevant certification documents prescribed in Paragraph 3 of Article 33 of IMR must be submitted within two months from the date of publication of the application.
Article 141

If an international application for an industrial design includes more than two designs, the applicant may, within two months from the date of publication of the international application, submit a request for divisional application to the Patent Administration Department of the State Council and pay the required fees.
Article 142

If the international application for an industrial design published by the International Bureau includes a description of the design’s essential features, it shall be deemed that a brief description has been submitted in accordance with the provisions of Article 31 of IMR.
Article 143

If, after examination by the Patent Administration Department of the State Council, no grounds for rejection are found in the international application for an industrial design, the Department shall make a decision to grant protection and notify the International Bureau.

Once the Patent Administration Department of the State Council makes a decision to grant protection, it shall be announced, and the patent right for the industrial design shall come into effect from the date of the announcement.

Article 144

Where the right has been modified at the International Bureau, the applicant shall provide the Patent Administration Department of the State Council with the relevant proof of such changes.
 

Chapter Thirteen

Supplementary Provisions

Article 145

With the consent of the Patent Administration Department of the State Council, any person may inspect or copy the files of published or announced patent applications and the patent register, and may request a copy of the patent register from the Department.

Files for patent applications deemed withdrawn, rejected, or voluntarily withdrawn shall not be preserved two years after the date of invalidation of the application.

Files for patents that have been abandoned, declared entirely invalid, or terminated shall not be preserved three years after the date of invalidation of the patent right.
Article 146

Applications or procedures submitted to the Patent Administration Department of the State Council must be signed or stamped by the applicant, patentee, other interested parties, or their representatives; if entrusted to a patent agency, the agency must provide its stamp.

Requests for changes in the name of the inventor, the name or title of the patent applicant or patentee, nationality and address, the name and address of the patent agency, and the name of the patent agent must be processed as a change of record with the Patent Administration Department of the State Council, and when necessary, proof of reason for the change must be submitted.

Article 147

Documents related to the application or patent rights sent by mail to the Patent Administration Department of the State Council should be sent via registered letter and not by parcel.

Subsequent to the initial submission of patent application documents, any further documents submitted to Patent Administration Department of State Council or processes undertaken therein, shall prominently display the application number or patent number, title of the invention or creation, and the name of the applicant or the patentee.

A single piece of correspondence should contain only documents pertaining to the same patent application.
Article 148

The patent administration department of the State Council shall formulate patent examination guidelines in accordance with the Patent Law and IMR.
Article 149

IMR shall come into force on July 1, 2001. The ‘Implementation Regulations of the Patent Law of the People’s Republic of China,’ issued by the State Council on December 12, 1992, and promulgated by the Chinese Patent Administration Department on December 21, 1992, are hereby repealed concurrently.