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Detailed Rules for the Implementation of the Patent Law of the People's Republic of China (2010 Revision)

Time：

2019-09-14 11:18

Chapter 1 General Provisions

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

Article 2 The various formalities prescribed in the Patent Law and these Detailed Rules shall be handled in written form or in other forms prescribed by the patent administration department under the State Council.

Article 3 The various documents submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; if the state has uniformly stipulated scientific and technological terms, the standardized words shall be used; if there is no uniform Chinese translation of foreigners' names, place names and scientific and technological terms, they shall be indicated original.

If the various certificates and supporting documents submitted in accordance with the Patent Law and these Rules are in foreign languages, the patent administration department under the State Council may require the parties to submit Chinese translations within the specified time limit when it deems necessary; and supporting documents.

Article 4 For various documents mailed to the patent administration department of the State Council, the date of the postmark is the date of submission; if the postmark date is unclear, the date of receipt by the patent administration department of the State Council shall be the date of submission unless the party concerned can provide proof.

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

For various documents mailed by the patent administration department under the State Council, 15 days have elapsed since the date of issuance of the documents, and it is presumed to be the date when the parties receive the documents.

For documents that should be delivered directly according to the provisions of the patent administration department under the State Council, the delivery date shall be the delivery date.

If the delivery address of the document is unclear and cannot be mailed, it may be served on the party concerned by public announcement. The document shall be deemed to have been served after one month has elapsed since the date of the announcement.

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

Article 6 If the party concerned delays the time limit stipulated in the Patent Law or these Detailed Rules or the time limit designated by the patent administration department of the State Council due to force majeure, resulting in the loss of its rights, it shall be within 2 months from the date when the obstacle is removed, and at the latest from the expiration of the time limit. Within 2 years from the date of the date, a request may be made to the patent administration department under the State Council for restoration of rights.

Except for the circumstances specified in the preceding paragraph, if the party concerned delays the time limit stipulated in the Patent Law or these Detailed Rules or the time limit designated by the patent administration department under the State Council due to other justifiable reasons, resulting in the loss of its rights, the party may, from the date of receipt of the notification from the patent administration department under the State Council, Request to the patent administration department under the State Council for restoration of rights within 2 months.

If a party requests restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, it shall submit a written request for restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and go through the corresponding formalities that should be completed before the loss of rights; In the case of a request for restoration of rights in accordance with the provisions of this paragraph, a fee for requesting restoration of rights shall also be paid.

Where a party requests an extension of the time limit designated by the patent administration department under the State Council, it shall explain the reasons to the patent administration department under the State Council and go through relevant formalities before the time limit expires.

The provisions of paragraphs 1 and 2 of this article do not apply to the time limits stipulated in Articles 24, 29, 42 and 68 of the Patent Law.

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

If the patent administration department under the State Council considers that the patent application for invention or utility model it accepts involves national security or major interests other than national defense interests and needs to be kept confidential, it shall promptly make a decision to handle the application as a confidential patent application, and notify the applicant. The special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be prescribed by the patent administration department under the State Council.

Article 8 The invention or utility model completed in China as mentioned in Article 20 of the Patent Law refers to the invention or utility model whose substantive content of the technical solution is completed within the territory of China.

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

(1) To apply for a patent directly in a foreign country or to submit an international patent application to a relevant foreign institution, a request shall be made to the patent administration department under the State Council in advance, and the technical solution shall be explained in detail;

(2) Those who intend to apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution after applying for a patent to the patent administration department of the State Council shall submit a request to the patent administration department of the State Council before applying for a patent in a foreign country or submitting an international patent application to the relevant foreign institution. .

If an international patent application is submitted to the patent administration department of the State Council, it is deemed that a request for confidentiality examination has been submitted at the same time.

Article 9 After receiving the request submitted in accordance with the provisions of Article 8 of these Rules, the patent administration department of the State Council, after examination, believes that the invention or utility model may involve national security or major interests and needs to be kept confidential, it shall promptly issue a confidentiality examination notice to the applicant; If the applicant has not received the notice of confidentiality examination within 4 months from the date of submitting the request, he may apply for a patent in a foreign country or submit an international patent application to the relevant foreign institution for the invention or utility model.

If the patent administration department of the State Council has notified the confidentiality examination in accordance with the provisions of the preceding paragraph, it shall promptly make a decision on whether confidentiality is required, and notify the applicant. If the applicant has not received the decision to keep confidentiality within 6 months from the date of submitting the request, he may apply for a patent in a foreign country or submit an international patent application to the relevant foreign institution for the invention or utility model.

Article 10 Inventions-creations that violate the law as mentioned in Article 5 of the Patent Law do not include inventions-creations whose implementation is only prohibited by law.

Article 11 Except for the cases specified in Articles 28 and 42 of the Patent Law, the filing date referred to in the Patent Law, if there is a right of priority, refers to the priority date.

Unless otherwise specified, the filing date mentioned in these Rules refers to the filing date specified in Article 28 of the Patent Law.

Article 12 The term "service invention-creation accomplished by performing the tasks of the entity" as mentioned in Article 6 of the Patent Law refers to:

(1) Inventions and creations made in their own work;

(2) Inventions and creations made by performing tasks other than the work assigned by the unit;

(3) Inventions and creations made after retirement, transfer from the original unit, or within one year after the termination of labor or personnel relations, related to the work undertaken by the original unit or the tasks assigned by the original unit.

The entity referred to in Article 6 of the Patent Law includes temporary work entities; the material and technical conditions of the entity referred to in Article 6 of the Patent Law refer to the entity's funds, equipment, parts, raw materials, or technical materials that are not disclosed to the public, etc. .

Article 13 The term "inventor or designer" as mentioned in the Patent Law refers to a person who makes creative contributions to the substantive features of an invention-creation. In the process of completing the invention-creation, the person who is only responsible for the organization, the person who facilitates the utilization of material and technical conditions, or the person who engages in other auxiliary work is not the inventor or designer.

Article 14 Except for the transfer of the patent right in accordance with the provisions of Article 10 of the Patent Law, if the patent right is transferred for other reasons, the party concerned shall go through the patent right transfer formalities with the patent administration department under the State Council on the strength of the relevant certification documents or legal documents.

A patent license contract concluded between a patentee and others shall be filed with the patent administration department under the State Council within 3 months from the date when the contract takes effect.

Where a patent right is pledged, the pledgor and the pledgee shall jointly handle the registration of the pledge with the patent administration department under the State Council.

Chapter II Patent Application

Article 15 Where a patent application is made in writing, the application documents shall be submitted in duplicate to the patent administration department under the State Council.

An application for a patent in other forms prescribed by the patent administration department of the State Council shall meet the prescribed requirements.

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

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

Article 16 An application for an invention, utility model or design patent application shall specify the following matters:

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

(2) If the applicant is a Chinese entity or individual, its name or name, address, postal code, organization code or resident identity card number; if the applicant is a foreigner, foreign enterprise or other foreign organization, its name or title, Nationality or country or region of registration;

(3) The name of the inventor or designer;

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

(5) Where the right of priority is claimed, the filing date, application number and the name of the original acceptance agency when the applicant first filed a patent application (hereinafter referred to as the earlier application);

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

(7) List of application documents;

(8) List of additional documents;

(9) Other relevant matters that need to be specified.

Article 17 The description of an application for a patent for invention or utility model shall indicate the name of the invention or utility model, which shall be consistent with the name in the request. The manual should include the following:

(1) Technical field: specify the technical field to which the claimed technical solution belongs;

(2) Background technology: state the background technology useful for understanding, searching and examining the invention or utility model; if possible, cite documents reflecting these background technologies;

(3) Contents of the invention: state the technical problems to be solved by the invention or utility model and the technical solutions adopted to solve the technical problems, and state the beneficial effects of the invention or utility model with reference to the prior art;

(4) Description of drawings: if the description has drawings, a brief description of each drawing shall be given;

(5) Specific implementation methods: specify in detail the preferred method that the applicant believes to realize the invention or utility model; if necessary, give examples; if there are drawings, refer to the drawings.

The applicant for a patent for invention or utility model shall write the description in the manner and sequence specified in the preceding paragraph, and write the title in front of each part of the specification, unless the nature of the invention or utility model is written in another manner or sequence that can save the length of the specification and make it easier to use. Others can accurately understand their invention or utility model.

The description of the invention or utility model shall use standardized words and clear sentences, and shall not use quotations such as "as described in the claims..." and shall not use commercial advertising terms.

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

The description of a utility model patent application shall contain drawings showing the shape, structure or combination of the product claimed.

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

The reference signs not mentioned in the text part of the description of the invention or utility model shall not appear in the drawings, and the reference signs not appearing in the drawings shall not be mentioned in the text part of the description. The reference numbers indicating the same component in the application documents shall be consistent.

Except for the necessary words, no other annotations should be included in the drawings.

Article 19 The claims shall record the technical features of the invention or utility model.

If there are several claims in the claims, they shall be numbered in Arabic numerals.

The scientific and technological terms used in the claims shall be consistent with the scientific and technological terms used in the description, and there may be chemical formulas or mathematical formulas, but no illustrations are allowed. Unless absolutely necessary, the phrases "as described in this part of the specification" or "as shown in the drawings" shall not be used.

The technical features in the claims may refer to the corresponding marks in the drawings in the description, and the marks should be placed after the corresponding technical features and placed in parentheses to facilitate the understanding of the claims. Reference signs shall not be construed as limiting the claims.

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

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

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

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

(1) Preamble: indicate the subject title of the claimed invention or the technical solution of the utility model and the necessary technical features common to the subject matter of the invention or utility model and the closest prior art;

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

Where the nature of the invention or utility model is not suitable to be expressed in the manner in the preceding paragraph, the independent claim may be formulated in other manners.

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

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

(1) Reference part: indicate the number of the cited claim and its subject title;

(2) Limited part: specify the additional technical features of the invention or utility model.

A dependent claim can only refer to the preceding claim. A multiple dependent claim citing more than two claims may only refer to the preceding claim in an alternative way and may not serve as the basis for another multiple dependent claim.

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

The abstract of the specification can contain the chemical formula that best illustrates the invention; a patent application with drawings should also provide a picture that best illustrates the technical features of the invention or utility model.

's attached drawing. The size and clarity of the attached drawing shall ensure that when the drawing is reduced to 4 cm x 6 cm, each detail in the drawing can still be clearly distinguished. The abstract text part should not exceed 300 words. No commercial promotional language is allowed in the abstract.

Article 24 Where the invention for which a patent is applied involves new biological materials, the biological materials are not available to the public, and the description of the biological materials is not sufficient to enable those skilled in the field to implement the invention, except that it shall comply with the Patent Law and these Detailed Rules In addition to the relevant regulations, the applicant should also go through the following procedures:

(1) Before the date of filing or at the latest (if there is priority, the priority date), submit a sample of the biological material to a depository recognized by the patent administration department under the State Council for preservation, and at the time of filing or at the latest from the filing date The preservation certificate and survival certificate issued by the preservation unit shall be submitted within 4 months from the date of filing; if the certificate is not submitted upon expiration, the sample shall be deemed to have not been submitted for preservation;

(2) In the application documents, provide information about the characteristics of the biological material;

(3) For a patent application involving the preservation of biological material samples, the request and description shall indicate the classification and designation of the biological material (indicate the Latin name), the name of the institution that deposited the biological material sample, the address, the date of deposit and the deposit number. ; if it is not specified at the time of application, it shall be supplemented and corrected within 4 months from the date of application;

Article 25 Where an applicant for a patent for invention preserves samples of biological materials in accordance with Article 24 of these Rules, after the application for a patent for invention is published, any unit or individual needs to use the biological material involved in the patent application for experimental purposes , a request shall be made to the patent administration department under the State Council, and the following items shall be specified:

(1) The name or title and address of the petitioner;

(2) Not to provide any guarantee of the biological material to any other person;

(3) Before granting the patent right, it is only used as a guarantee for experimental purposes.

Article 26 The term “genetic resources” as mentioned in the Patent Law refers to materials obtained from human body, animals, plants, or microorganisms and other units that contain genetic functions and have actual or potential value; the “creations and creations completed relying on genetic resources” as mentioned in the Patent Law are Refers to inventions and creations made by utilizing the genetic function of genetic resources.

To apply for a patent for an invention-creation completed by relying on genetic resources, the applicant shall make an explanation in the request letter and fill in the form formulated by the patent administration department under the State Council.

Article 27 Where an applicant requests color protection, he shall submit color pictures or photographs.

The applicant shall submit relevant pictures or photos of the content to be protected for each design product.

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

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

The brief description shall not use commercial promotional language, nor shall it be used to describe the performance of the product.

Article 29 When the patent administration department of the State Council deems necessary, it may require the design patent applicant to submit product samples or models using the design. The volume of the sample or model shall not exceed 30cm x 30cm x 30cm and the weight shall not exceed 15kg. Perishable, fragile or dangerous goods may not be submitted as samples or models.

Article 30 The term "international exhibition recognized by the Chinese government" as mentioned in Article 24(1) of the Patent Law refers to an international exhibition registered with or recognized by the Bureau of International Exhibitions stipulated in the Convention on International Exhibitions.

The term "academic conference or technical conference" as mentioned in Article 24(2) of the Patent Law refers to an academic conference or technical conference organized and convened by the relevant competent department of the State Council or a national academic organization.

If the invention-creation for which a patent is applied falls under the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall make a statement when filing the patent application, and submit relevant documents within 2 months from the filing date. Documents certifying that the invention-creation has been exhibited or published, and the date of exhibition or publication issued by the organization unit of the international exhibition, academic conference, or technical conference.

Where the invention-creation for which a patent is applied falls under the circumstances listed in Item (3) of Article 24 of the Patent Law, the patent administration department under the State Council may, when deemed necessary, require the applicant to submit supporting documents within a specified time limit.

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

Article 31 Where the applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original acceptance agency. According to the agreement signed between the patent administration department of the State Council and the acceptance agency, if the patent administration department of the State Council obtains copies of the earlier application documents through electronic exchange or other means, it shall be deemed that the applicant has submitted the copies of the earlier application documents certified by the acceptance agency. If the applicant claims domestic priority, if the applicant indicates the filing date and application number of the earlier application in the request, it is deemed that a copy of the earlier application documents has been submitted.

Where priority is claimed, but one or both of the filing date, application number and the name of the original accepting agency of the earlier application are omitted or incorrectly written in the request, the patent administration department under the State Council shall notify the applicant to make corrections within the specified time limit ; If no correction is made within the time limit, it shall be deemed that priority has not been claimed.

If the name or title of the applicant claiming the priority right is inconsistent with the applicant's name or title recorded in the copy of the earlier application documents, the priority transfer certification materials shall be submitted. If such certification materials are not submitted, it is deemed that the priority right has not been claimed.

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

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

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

(1) having claimed foreign priority or domestic priority;

(2) has been granted a patent right;

(3) It is a divisional application filed in accordance with the regulations.

If the applicant claims national priority, the earlier application shall be deemed to be withdrawn from the date of filing of the latter application.

Article 33 Where an applicant who does not have a habitual residence or business office in China applies for a patent or claims a foreign priority, the patent administration department under the State Council may request the applicant to provide the following documents when deemed necessary:

(1) The applicant is an individual, and his nationality certificate;

(2) If the applicant is an enterprise or other organization, the certification documents of the country or region where it is registered;

(3) Documents proving that the applicant's country of origin recognizes that Chinese entities and individuals can enjoy patent rights, priority rights and other rights related to patents in that country under the same conditions as nationals of that country.

Article 34 According to the provisions of paragraph 1 of Article 31 of the Patent Law, two or more inventions or utility models belonging to a general inventive concept that can be filed as a single patent application shall be technically related to each other, including One or more identical or corresponding specific technical features, wherein the specific technical features refer to the technical features that each invention or utility model as a whole contributes to the prior art.

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

Two or more designs of products of the same category that are sold or used in sets as mentioned in Paragraph 2 of Article 31 of the Patent Law means that the products belong to the same category in the classification table and are customarily sold or used at the same time, and each product belongs to the same category in the classification table. The appearance design of the product has the same design concept.

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

Article 36 Where an applicant withdraws a patent application, it shall submit a statement to the patent administration department under the State Council, stating the name of the invention-creation, the application number and the date of application.

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

Chapter III Examination and Approval of Patent Application

Article 37 In the preliminary examination, substantive examination, reexamination and invalidation procedures, if the person conducting the examination and trial falls under any of the following circumstances, he shall withdraw himself, and the parties or other interested parties may request him to withdraw:

(1) It is a close relative of the party concerned or its agent;

(2) Having an interest in a patent application or patent right;

(3) Having other relationships with the parties or their agents that may affect the impartial review and trial;

(4) The members of the Patent Reexamination Board have participated in the examination of the original application.

Article 38 The patent administration department of the State Council receives the request, description (a utility model must include drawings) and claims of an application for a patent for invention or utility model, or a request for an application for a patent for design, pictures or photographs of the design and a brief description, the date of application shall be specified, the application number shall be given, and the applicant shall be notified.

Article 39 Where the patent application documents fall under any of the following circumstances, the patent administration department under the State Council shall not accept it and notify the applicant:

(1) The application for a patent for invention or utility model lacks a written request, description (with no drawings for a utility model) or claims, or the application for a patent for design lacks a written request, pictures or photos, and a brief description;

(2) Those who do not use Chinese;

(3) Failure to comply with the provisions of Paragraph 1 of Article 121 of these Rules;

(4) The applicant's name or title or address is missing in the request;

(5) It obviously does not meet the provisions of Article 18 or Paragraph 1 of Article 19 of the Patent Law;

(6) The type of patent application (invention, utility model or design) is unclear or difficult to determine.

Article 40 Where an explanation of the drawings is written in the description but there are no drawings or some of the drawings are missing, the applicant shall supplement the drawings within the time limit specified by the patent administration department under the State Council or declare to cancel the explanation of the drawings. If the applicant submits additional drawings, the date of filing or mailing the drawings to the patent administration department under the State Council shall be the filing date; if the description of the drawings is cancelled, the original filing date shall be retained.

Article 41 If two or more applicants apply for patents for the same invention-creation on the same day (referring to the filing date; if they have priority, the priority date), they shall negotiate on their own after receiving the notification from the patent administration department under the State Council. Identify the applicant.

Where the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day (referring to the filing date), it shall respectively state that it has applied for another patent for the same invention-creation at the time of application; Article 9.1 of the Patent Law stipulates that only one patent right can be granted for the same invention-creation.

When the patent administration department of the State Council announces the grant of a utility model patent, it shall announce the statement that the applicant has simultaneously applied for an invention patent in accordance with the provisions of paragraph 2 of this article.

If no reason for rejection is found after examination of an application for a patent for invention, the patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. Where the applicant declares renunciation, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the applicant's declaration of renunciation of the patent right for utility model when it announces the grant of the patent right for invention. If the applicant does not agree to give up, the patent administration department under the State Council shall reject the application for a patent for invention; if the applicant fails to reply within the time limit, the application for a patent for invention shall be deemed to have been withdrawn.

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

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

If the patent administration department of the State Council considers that a patent application does not comply with the provisions of Article 31 of the Patent Law and Article 34 or Article 35 of these Rules, it shall notify the applicant to revise the application within the specified time limit; If the applicant fails to respond within the time limit, the application shall be deemed withdrawn.

A divisional application shall not change the category of the original application.

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

A divisional application shall go through relevant formalities in accordance with the provisions of the Patent Law and these Detailed Rules.

The application number and filing date of the original application shall be indicated in the request for a divisional application. When submitting a divisional application, the applicant shall submit a copy of the original application documents; if the original application enjoys priority, a copy of the priority document of the original application shall also be submitted.

Article 44 The term "preliminary examination" as mentioned in Articles 34 and 40 of the Patent Law refers to the examination of whether a patent application has the documents specified in Article 26 or 27 of the Patent Law and other necessary documents. , whether these documents conform to the prescribed format, and review the following:

(1) Whether the application for a patent for invention clearly falls under the circumstances specified in Article 5 and Article 25 of the Patent Law, and whether it does not comply with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 of the Patent Law or Whether the provisions of Article 16 and paragraph 2 of Article 26 of these Rules are obviously inconsistent with paragraph 2 of Article 2, paragraph 5 of Article 26, paragraph 1 of Article 31, and paragraph 2 of Article 26 of the Patent Law. Article 33 or the provisions of Articles 17 to 21 of these Rules;

(2) Whether the application for a utility model patent obviously falls under the circumstances specified in Articles 5 and 25 of the Patent Law, and whether it does not comply with Articles 18, 19(1) and 20(1) of the Patent Law Or whether the provisions of Articles 16 to 19, and 21 to 23 of these Rules are obviously inconsistent with Article 2, paragraph 3, Article 22, paragraph 2, and Article 23 of the Patent Law. four,

Whether the provisions of Paragraph 3 and Paragraph 4 of Article 26, Paragraph 1 of Article 31, Article 33 or Article 20 and Paragraph 1 of Article 43 of these Rules are in accordance with the Patent Law Article 9 stipulates that patent rights cannot be obtained;

(3) Whether the design patent application obviously falls under the circumstances specified in Article 5 and Article 25, paragraph 1 (6) of the Patent Law, and whether it does not comply with Article 18 and Article 19, paragraph 1 of the Patent Law Or whether the provisions of Articles 16, 27, and 28 of these Rules are obviously inconsistent with Article 2, paragraph 4, Article 23, paragraph 1, and Article 27, paragraph 1 of the Patent Law. Whether the provisions of Paragraph 2, Paragraph 2 of Article 31, Article 33 or Paragraph 1 of Article 43 of these Rules, whether the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law;

(4) Whether the application documents comply with the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.

The patent administration department under the State Council shall notify the applicant of the examination opinion, requiring him to state his opinion or make corrections within the specified time limit; if the applicant fails to reply within the time limit, the application shall be deemed withdrawn. After the applicant has stated its opinions or made corrections, if the patent administration department under the State Council still believes that the provisions listed in the preceding paragraph are not met, it shall be rejected.

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

(1) Failing to use the prescribed format or filling in the form that does not meet the requirements;

(2) Failure to submit supporting materials as required.

The patent administration department under the State Council shall notify the applicant of the examination opinion deemed to have not been submitted.

Article 46 Where an applicant requests the early publication of his invention patent application, he shall make a statement to the patent administration department under the State Council. After the patent administration department under the State Council conducts a preliminary examination of the application, unless it is rejected, the application shall be published immediately.

Article 47 Where the applicant specifies the product using the design and the category to which it belongs, it shall use the design product classification table published by the patent administration department under the State Council. If the category of the product using the design is not specified or the category written is inaccurate, the patent administration department under the State Council may supplement or revise it.

Article 48 From the date of publication of an application for a patent for invention to the date of the announcement of the grant of the patent right, anyone may submit an opinion to the patent administration department under the State Council and explain the reasons for a patent application that does not comply with the provisions of the Patent Law.

Article 49 Where an applicant for a patent for invention is unable to submit the search materials or examination result materials specified in Article 36 of the Patent Law due to legitimate reasons, it shall make a statement to the patent administration department under the State Council, and submit it after obtaining the relevant materials.

Article 50 When the patent administration department under the State Council conducts its own examination of a patent application in accordance with the provisions of Paragraph 2 of Article 35 of the Patent Law, it shall notify the applicant.

Article 51 When an applicant for a patent for invention submits a request for substantive examination and within 3 months from the date of receipt of the notification that the application for a patent for invention has entered the stage of substantive examination issued by the patent administration department of the State Council, he may take the initiative to file an application for a patent for invention. Revise.

A utility model or design patent applicant may, within 2 months from the filing date, voluntarily propose amendments to the utility model or design patent application.

Where the applicant revises the patent application documents after receiving the notice of examination opinion issued by the patent administration department under the State Council, it shall revise the defects pointed out in the notice.

The patent administration department under the State Council may, at its own discretion, amend obvious errors in words and symbols in the patent application documents. If the patent administration department under the State Council makes amendments on its own, it shall notify the applicant.

Article 52 For the revised part of the description or claims of an application for an invention or utility model patent, except for the revision or addition or deletion of individual words, a replacement page shall be submitted in the prescribed format. For the modification of the pictures or photos of the design patent application, a replacement sheet shall be submitted in accordance with the regulations.

Article 53 According to the provisions of Article 38 of the Patent Law, the circumstances under which an application for a patent for invention should be rejected after substantive examination refer to:

(1) The application falls under the circumstances specified in Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law;

(2) The application does not conform to Article 2, paragraph 2, Article 20, paragraph 1, Article 22, Article 26, paragraph 3, 4, 5, or 31 of the Patent Law Paragraph 1 of Article 1 or Paragraph 2 of Article 20 of these Rules;

(3) The amendment of the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of the first paragraph of Article 43 of these Rules.

Article 54 After the patent administration department under the State Council issues a notice of granting a patent right, the applicant shall go through the registration formalities within 2 months from the date of receipt of the notice. If the applicant goes through the registration formalities on time, the patent administration department under the State Council shall grant the patent right, issue a patent certificate, and make an announcement.

If the registration formalities are not completed within the time limit, the right to obtain the patent right shall be deemed to have been waived.

Article 55 If the application for a confidential patent is examined and no reason for rejection is found, the patent administration department under the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate, and register the relevant matters of the confidential patent right.

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

To request a patent right evaluation report, a request for a patent right evaluation report shall be submitted, indicating the patent number. Each request shall be limited to one patent right.

If the request for a patent right evaluation report does not meet the requirements, the patent administration department under the State Council shall notify the petitioner to make corrections within the specified time limit; if the petitioner fails to make corrections within the time limit, it shall be deemed that no request has been made.

Article 57 The patent administration department of the State Council shall issue a patent right evaluation report within 2 months after receiving the request for a patent right evaluation report. For the same utility model or design patent, there are multiple petitioners requesting a patent right evaluation report, the patent administration department under the State Council shall only make one patent right evaluation report. Any unit or individual may consult or copy the patent right evaluation report.

Article 58 The patent administration department of the State Council shall, upon discovery of errors in patent announcements and patent leaflets, correct them in a timely manner, and announce the corrections made.

Chapter IV Reexamination of Patent Application and Invalidation of Patent Right

Article 59 The Patent Reexamination Board shall be composed of technical experts and legal experts designated by the patent administration department of the State Council, and the chairman of the board shall be concurrently held by the person in charge of the patent administration department of the State Council.

Article 60 Where a request for reexamination is made to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a written request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached when necessary.

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

If the reexamination request does not conform to the prescribed format, the reexamination petitioner shall make corrections within the time limit specified by the Patent Reexamination Board; if the reexamination request is not made within the time limit, the reexamination request shall be deemed to have not been submitted.

Article 61 The petitioner may revise the patent application documents when filing a request for reexamination or responding to the reexamination notice of the Patent Reexamination Board; however, the revision shall be limited to eliminating the defects indicated in the rejection decision or the reexamination notice.

The revised patent application documents shall be submitted in duplicate.

Article 62 The Patent Reexamination Board shall forward the accepted reexamination request to the original examination department of the patent administration department under the State Council for examination. If the original examination department agrees to revoke the original decision at the request of the reexamination petitioner, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination petitioner.

Article 63 After the Patent Reexamination Board conducts reexamination, if it believes that the reexamination request does not comply with the relevant provisions of the Patent Law and these Rules, it shall notify the reexamination petitioner and require him to state his opinion within the specified time limit. If no reply is made within the time limit, the request for reexamination shall be deemed withdrawn; if the Patent Reexamination Board considers that it still does not comply with the relevant provisions of the Patent Law and these Rules after stating its opinion or making amendments, it shall make a reexamination decision to uphold the original rejection decision.

After the Patent Reexamination Board conducts reexamination, if it believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Rules, or that the revised patent application documents have eliminated the defects pointed out in the original rejection decision, the original rejection decision shall be revoked, and the original examination department shall revoke the original rejection decision. Proceed with the review process.

Article 64 The petitioner for reexamination may withdraw his request for reexamination before the Patent Reexamination Board makes a decision.

If the reexamination petitioner withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated.

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

The grounds for the request for invalidation mentioned in the preceding paragraph refer to the fact that the patented invention-creation does not comply with Article 2, Paragraph 1 of Article 20, Article 22, Article 23, and Article 26 of the Patent Law. Article 3, 4, 27, 27, 33, or the provisions of Article 20, 2, and 43, 1 of these Rules, or the provisions of Article 43 of the Patent Law. The patent right cannot be obtained according to the provisions of Article 5, Article 25, or in accordance with the provisions of Article 9 of the Patent Law.

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

After the Patent Reexamination Board has made a decision on the request for invalidation, the Patent Reexamination Board shall not accept the request for invalidation with the same reasons and evidence.

The Patent Reexamination Board shall not accept a request for invalidation of the design patent right on the grounds that it does not comply with the provisions of Article 23, paragraph 3 of the Patent Law, but no evidence to prove the conflict of rights is submitted.

If the request for invalidation of the patent right does not conform to the prescribed format, the requester for invalidation shall make corrections within the time limit specified by the Patent Reexamination Board; if the request for invalidation is not made within the time limit, the request for invalidation shall be deemed to have not been filed.

Article 67 After the Patent Reexamination Board accepts the request for invalidation, the petitioner may add reasons or supplementary evidence within one month from the date of filing the request for invalidation. The Patent Reexamination Board may not consider any additional reasons or supplementary evidence overdue.

Article 68 The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, requesting him to state his opinion within a specified time limit.

The patentee and the petitioner for invalidation shall reply to the Notice of Transfer of Documents or the Notice of Request for Examination of Invalidation issued by the Patent Reexamination Board within the specified time limit; failure to reply within the time limit shall not affect the hearing of the Patent Reexamination Board.

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

The patentee of an invention or utility model patent shall not modify the patent specification and drawings, and the patentee of a design patent shall not modify the pictures, photos and brief description.

Article 70 The Patent Reexamination Board may, at the request of the parties or the circumstances of the case, decide to conduct an oral hearing on the request for invalidation.

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

If the petitioner for invalidation fails to respond to the notice of oral hearing issued by the Patent Reexamination Board within the specified time limit and does not participate in the oral hearing, his request for invalidation shall be deemed withdrawn; if the patentee does not participate in the oral hearing, he may be absent from the hearing.

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

Article 72 Before the Patent Reexamination Board makes a decision on the request for invalidation, the requester for invalidation may withdraw its request.

Before the Patent Reexamination Board makes a decision, if the invalidation requester withdraws its request or its invalidation request is deemed to be withdrawn, the invalidation request examination procedure shall be terminated. However, if the Patent Reexamination Board considers that a decision to declare the patent right invalid or partially invalid can be made based on the examination work that has been carried out, the examination procedure shall not be terminated.

Chapter V Compulsory License for Patent Exploitation

Article 73 The term “inadequate exploitation of its patent” as mentioned in Article 48(1) of the Patent Law means that the patentee and its licensees implement the patent in a manner or in a scale that cannot satisfy the domestic requirements for patented products or patents. method requirements.

The term “patented drugs” as mentioned in Article 50 of the Patent Law refers to any patented products in the field of medicine or products directly obtained by patented methods that are needed to solve public health problems, including the patented drugs needed to manufacture the products. Active ingredients and diagnostic supplies needed to use this product.

Article 74 Where a compulsory license is requested, a written request for compulsory license shall be submitted to the patent administration department under the State Council, explaining the reasons and attaching relevant supporting documents.

The patent administration department under the State Council shall send a copy of the request for compulsory license to the patentee, and the patentee shall state his opinion within the time limit designated by the patent administration department of the State Council; failure to reply within the time limit shall not affect the decision of the patent administration department of the State Council.

Before making a decision to reject a compulsory license request or to grant a compulsory license, the patent administration department under the State Council shall notify the applicant and the patentee of the proposed decision and its reasons.

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

Article 75 Where, in accordance with the provisions of Article 57 of the Patent Law, a request is made to the patent administration department under the State Council to adjudicate the amount of royalties, the party concerned shall submit a written request for adjudication, and attach the supporting documents that the two parties cannot reach an agreement. The patent administration department under the State Council shall make a ruling within 3 months from the date of receipt of the written request and notify the parties concerned.

Chapter VI Rewards and Remuneration to Inventors or Designers of Service Invention-Creations

Article 76 The unit that has been granted a patent right may agree with the inventor or designer or stipulate in the rules and regulations formulated by it in accordance with the law the methods and amounts of rewards and remunerations stipulated in Article 16 of the Patent Law.

The rewards and remunerations given to inventors or designers by enterprises and institutions shall be handled in accordance with the relevant provisions of the state on financial and accounting systems.

Article 77 The entity that has been granted the patent right has not agreed with the inventor or designer, nor has it stipulated in the rules and regulations formulated in accordance with Article 16 of the Patent Law.

If the method and amount of the award are determined, the award shall be awarded to the inventor or designer within 3 months from the date of the patent right announcement. The minimum bonus for an invention patent is not less than 3,000 yuan; the minimum bonus for a utility model patent or design patent is not less than 1,000 yuan.

For the invention-creation completed because the suggestion of the inventor or designer is adopted by the unit to which he belongs, the unit that has been granted the patent right shall preferentially distribute the bonus.

Article 78 If the entity that has been granted the patent right has not agreed with the inventor or designer, nor has it stipulated in the rules and regulations it has formulated according to law, the method and amount of the remuneration stipulated in Article 16 of the Patent Law, the patent right shall be valid for the period of validity. After the implementation of the invention-creation patent, no less than 2% of the operating profit from the implementation of the invention or utility model patent or no less than 0.2% of the operating profit from the implementation of the design patent shall be withdrawn as remuneration every year. Give the inventor or designer, or refer to the above ratio, give the inventor or designer a one-time remuneration; if the unit that has been granted the patent right permits other units or individuals to implement its patent, it shall withdraw not less than 10% of the royalties collected. %, as remuneration to the inventor or designer.

Chapter VII Protection of Patent Right

Article 79 The “departments for administration of patents” as mentioned in the Patent Law and these Rules refer to the administration of patents established by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as by the people’s governments of cities divided into districts that have a large workload in patent administration and have actual handling capacity. department of work.

Article 80 The patent administration department of the State Council shall provide professional guidance to the patent administration department in handling patent infringement disputes, investigating and punishing acts of patent counterfeiting, and mediating patent disputes.

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

For a patent dispute where two or more patent administration departments have jurisdiction, the party concerned may file a request with one of the patent administration departments; if a party makes a request to two or more patent administration departments with jurisdiction, the first one shall file a request. It shall be under the jurisdiction of the department responsible for the management of patent work.

Where a patent administration department has a dispute over the jurisdiction, it shall be designated to have jurisdiction by the patent administration department of the common higher-level people's government; if there is no common higher-level people's government administration patent administration department, the patent administration department of the State Council shall designate the jurisdiction.

Article 82 In the process of handling a patent infringement dispute, if the respondent files a request for invalidation and it is accepted by the Patent Reexamination Board, it may request the patent administration department to suspend the handling.

If the patent management department considers that the reason for suspension proposed by the respondent is obviously untenable, it may not suspend the processing.

Article 83 Where a patentee, in accordance with the provisions of Article 17 of the Patent Law, marks the patent logo on its patented product or on the packaging of the product, it shall mark it in the manner prescribed by the patent administration department under the State Council.

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

Article 84 The following acts belong to the acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:

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

(2) Selling the products mentioned in item (1);

(3) In the product description and other materials, the technology or design that has not been granted a patent right is called a patented technology or a patented design, and the patent application is called a patent, or the patent number of another person is used without permission, so that the public will know the involved technology or design. Technology or design is mistaken for patented technology or patented design;

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

(5) Other acts that confuse the public and mistake a technology or design for which no patent right has been granted as a patented technology or a patented design.

Before the patent right is terminated, the patent mark is legally marked on the patented product, the product directly obtained by the patented method, or its packaging, and the promise to sell or sell the product after the patent right is terminated is not an act of counterfeiting the patent.

Those who sell products that are not known to be counterfeit patents, and can prove the legitimate origin of the products, shall be ordered by the patent management department to stop selling, but shall be exempted from fines.

Article 85 Except as provided in Article 60 of the Patent Law, the administrative department of patent affairs may, upon the request of the parties, mediate the following patent disputes:

(1) Disputes over the right to apply for a patent and the ownership of the patent right;

(2) Disputes over the qualifications of inventors and designers;

(3) Disputes over rewards and remunerations for inventors and designers of service inventions-creations;

(4) Disputes over the use of the invention without payment of appropriate fees after the publication of the patent application for invention before the grant of the patent right;

(5) Other patent disputes.

For the disputes listed in item (4) of the preceding paragraph, if the parties request mediation by the department in charge of patent work, they shall submit it after the patent right is granted.

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

To request the suspension of relevant procedures in accordance with the provisions of the preceding paragraph, a written request shall be submitted to the patent administration department under the State Council, and a copy of the relevant acceptance document of the patent administration department or the people's court indicating the application number or patent number shall be attached.

After the mediation letter made by the patent administration department or the judgment made by the people's court takes effect, the party concerned shall go through the formalities for resuming the relevant procedures with the patent administration department under the State Council. Within one year from the date of the request for suspension, if the dispute over the right to apply for a patent or the ownership of the patent right has not been settled, and it is necessary to continue to suspend the relevant procedures, the petitioner shall request an extension of the suspension within the time limit. If no extension is requested after the expiration of the time limit, the patent administration department under the State Council shall resume the relevant procedures on its own.

Article 87 Where a people's court decides to take preservation measures for the right to apply for a patent or a patent right in the trial of a civil case, the patent administration department under the State Council shall, on the date of receipt of the ruling indicating the application number or patent number, and the notice of assistance in enforcement Procedures for suspending the preserved patent application right or patent right. If the preservation period expires and the people's court has not ruled to continue taking preservation measures, the patent administration department under the State Council shall resume the relevant procedures on its own.

Article 88 Suspension of relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Detailed Rules refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications, and the procedures for granting patent rights and patent rights. Invalidation procedures; suspension of procedures for abandoning, changing, transferring patent rights or patent application rights, procedures for pledge of patent rights, and procedures for terminating patent rights before the expiration of the term of patent rights, etc.

Chapter VIII Patent Registration and Patent Gazette

Article 89 The patent administration department of the State Council shall set up a patent register to register the following matters related to patent applications and patent rights:

(1) Grant of patent right;

(2) Transfer of patent application rights and patent rights;

(3) The pledge, preservation and cancellation of the patent right;

(4) The filing of the patent license contract;

(5) Invalidation of patent right;

(6) the termination of the patent right;

(7) Restoration of patent rights;

(8) Compulsory license for patent exploitation;

(9) Changes in the name, nationality and address of the patentee.

Article 90 The patent administration department under the State Council shall publish the Patent Gazette on a regular basis, and announce or announce the following contents:

(1) The bibliographic matters and the abstract of the description of the invention patent application;

(2) The request for substantive examination of the invention patent application and the decision of the patent administration department under the State Council to conduct the substantive examination of the invention patent application on its own;

(3) The refusal, withdrawal, deemed withdrawal, deemed abandonment, recovery and transfer after the publication of the invention patent application;

(4) The grant of the patent right and the bibliographic matters of the patent right;

(5) The abstract of the specification of the invention or utility model patent, and a picture or photograph of the design patent;

(6) Decryption of national defense patents and confidential patents;

(7) Invalidation of patent right;

(8) Termination and restoration of patent rights;

(9) transfer of patent rights;

(10) Filing of patent licensing contracts;

(11) Pledge, preservation and cancellation of patent rights;

(12) Grant of compulsory license for patent exploitation;

(13) Change of the name or title or address of the patentee;

(14) Announcement of delivery of documents;

(15) Corrections made by the patent administration department of the State Council;

(16) Other relevant matters.

Article 91 The patent administration department of the State Council shall provide patent gazettes, application sheets for invention patents, and sheets for invention patents, utility model patents, and design patents for free inspection by the public.

Article 92 The patent administration department of the State Council is responsible for exchanging patent documents with patent offices or regional patent organizations of other countries and regions in accordance with the principle of reciprocity.

Chapter IX Fees

Article 93 When applying for a patent and going through other formalities with the patent administration department under the State Council, the following fees shall be paid:

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

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

(3) Patent registration fee, announcement printing fee, and annual fee;

(4) Request fee for restoration of rights and request for extension of time limit;

(5) Fees for changes to bibliographic matters, fees for requesting patent rights evaluation reports, and fees for requesting invalidation.

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

Article 94 The various fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the patent administration department under the State Council, or by remittance through post offices or banks, or by other methods prescribed by the patent administration department under the State Council.

If the payment is made by post office or bank, the correct application number or patent number and the name of the fee to be paid shall be indicated on the remittance slip sent to the patent administration department under the State Council. Those who do not comply with the provisions of this paragraph shall be deemed to have not gone through the payment procedures.

If the fee is paid directly to the patent administration department under the State Council, the payment date shall be the day of payment; if the fee is paid by postal remittance, the postmark date of the remittance shall be the payment date; if the fee is paid by bank remittance, the actual bank remittance shall be used. The date of departure is the date of payment.

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

Article 95 The applicant shall pay the application fee, publication printing fee and necessary application surcharge within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice; , its application shall be deemed withdrawn.

If the applicant claims the right of priority, it shall pay the priority claim fee at the same time as the application fee;

Article 96 Where a party requests a substantive examination or reexamination, it shall pay the fees within the relevant time limit specified in the Patent Law and these Rules;

Article 97 When going through the registration formalities, the applicant shall pay the patent registration fee, the announcement printing fee and the annual fee for the year in which the patent right is granted; if the application fails to pay or has not paid in full upon the expiration of the time limit, it shall be deemed that the registration formalities have not been completed.

Article 98 The annual fee after the year in which the patent right was granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department under the State Council shall notify the patentee to make up the payment within 6 months from the date when the annual fee should be paid, and pay a late fee at the same time; 1 month, plus 5% of the full annual fee for the year; if the payment is not made at the expiration of the period, the patent right shall be terminated from the date when the annual fee should be paid.

Article 99 The fee for requesting restoration of rights shall be paid within the relevant time limit specified in these Detailed Rules; if the fee is not paid or not paid in full at the expiration of the time limit, it shall be deemed that the request has not been made.

The request fee for extension of time limit shall be paid before the expiry date of the corresponding time limit; if it is not paid or not paid in full at the expiry of the time limit, it shall be deemed that the request has not been made.

Bibliographic change fee, patent right evaluation report request fee, and invalidation request fee shall be paid within one month from the date of filing the request; if the fee is not paid or not fully paid within the time limit, it shall be deemed that the request has not been filed.

Article 100 If the applicant or patentee has difficulty in paying the various fees stipulated in these Detailed Rules, he may submit a request to the patent administration department under the State Council to reduce or postpone the payment in accordance with the regulations. The measures for reducing or delaying payment shall be formulated by the finance department of the State Council in conjunction with the price management department of the State Council and the patent administration department of the State Council.

Chapter 10 Special Provisions Regarding International Applications

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

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

Article 102 An international application whose international filing date has been determined and designated in China in accordance with the Patent Cooperation Treaty shall be deemed as a patent application filed with the patent administration department under the State Council, and the international filing date shall be deemed as a patent application under Article 28 of the Patent Law. date of application.

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

Article 104 An applicant who goes through the formalities for entering the Chinese national phase in accordance with the provisions of Article 103 of these Detailed Rules shall meet the following requirements:

(1) A written statement on entry into the Chinese national phase in Chinese, indicating the international application number and the type of patent right to be obtained;

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

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

(4) The name of the invention-creation, the name of the applicant, the address and the name of the inventor shall be indicated in the written declaration for entering the Chinese national phase, and the above contents shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau). Consistent; if the inventor is not specified in the international application, the surname of the inventor shall be specified in the above statement

name;

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

(6) If the applicant has gone through the procedures for changing the applicant during the international stage, provide the proof materials that the applicant after the change has the right to apply;

(7) If necessary, pay the application surcharge specified in the first paragraph of Article 93 of these Rules.

If the requirements of items (1) to (3) of the first paragraph of this article are met, the patent administration department under the State Council shall give an application number, specify the date on which the international application enters the Chinese national phase (hereinafter referred to as the entry date), and notify the applicant of its international application. The application has entered the Chinese national phase.

If the international application has entered the Chinese national phase, but does not meet the requirements of items (4) to (7) of the first paragraph of this article, the patent administration department under the State Council shall notify the applicant to make corrections within the specified time limit; The application is deemed withdrawn.

Article 105 If an international application falls under any of the following circumstances, its validity in China shall be terminated:

(1) During the international phase, the international application is withdrawn or deemed withdrawn, or the designation of China in the international application is withdrawn;

(2) The applicant fails to go through the formalities for entering the Chinese national phase in accordance with Article 103 of these Rules within 32 months from the priority date;

(3) The applicant has gone through the formalities for entering the Chinese national phase, but still does not meet the requirements of Items (1) to (3) of Article 104 of these Rules after the expiration of the 32-month period from the priority date.

According to the provisions of item (1) of the preceding paragraph, if the validity of the international application in China is terminated, the provisions of Article 6 of these Rules shall not apply; If the effect of China is terminated, the provisions of paragraph 2 of Article 6 of these Rules shall not apply.

Article 106 If the international application has been revised during the international phase, and the applicant requests to conduct the examination based on the revised application documents, the Chinese translation of the revised part shall be submitted within 2 months from the date of entry. If the Chinese translation is not submitted within this period, the patent administration department under the State Council shall not consider the amendments proposed by the applicant in the international phase.

Article 107 Where the invention-creation involved in the international application falls under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, and the applicant has made a declaration when filing the international application, the applicant shall Explain in the written statement of entering the Chinese national phase, and submit the relevant certification documents specified in Article 30, Paragraph 3 of these Rules within 2 months from the date of entry; The application does not apply the provisions of Article 24 of the Patent Law.

Article 108 Where the applicant has stated the deposit of the biological material sample in accordance with the provisions of the Patent Cooperation Treaty, it shall be deemed that the requirements of Article 24(3) of these Rules have been met. The applicant shall specify the document recording the preservation matters of biological material samples and the specific record location in the document in the declaration of entering the Chinese national phase.

If the applicant has recorded the preservation of biological material samples in the description of the originally submitted international application, but has not specified it in the declaration of entering the Chinese national phase, it shall be supplemented and corrected within 4 months from the date of entry. If no correction is made within the time limit, the biological material shall be deemed to have not been submitted for preservation.

If the applicant submits the preservation certificate and survival certificate of biological material samples to the patent administration department under the State Council within 4 months from the date of entry, it shall be deemed to have been submitted within the time limit specified in Item (1) of Article 24 of these Rules.

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

Article 110 If the applicant has claimed one or more priority rights in the international phase, and the priority claim continues to be valid when entering the Chinese national phase, it shall be deemed that a written request has been made in accordance with the provisions of Article 30 of the Patent Law. statement.

The applicant shall pay the priority claim fee within 2 months from the date of entry; if the fee is not paid or fully paid within the time limit, it shall be deemed that the priority right has not been claimed.

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

Article 111 If the patent administration department of the State Council is required to process and examine the international application in advance before the expiration of 30 months from the priority date, the applicant shall, in addition to going through the formalities for entering the Chinese national phase, shall also comply with Article 1 of the Patent Cooperation Treaty. The second paragraph of Article 23 provides for making a request. If the International Bureau has not yet transmitted the international application to the patent administration department under the State Council, the applicant shall submit a certified copy of the international application.

Article 112 For an international application for a utility model patent right, the applicant may voluntarily revise the patent application documents within 2 months from the date of entry.

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

Article 113 If the applicant finds that there are errors in the Chinese translation of the words in the submitted description, claims or drawings, he may file a correction according to the original text of the international application within the following prescribed time limit:

(1) Before the patent administration department under the State Council has made preparations for the publication of the patent application for invention or the publication of the patent right for utility model;

(2) Within 3 months from the date of receipt of the notification that the invention patent application has entered the substantive examination stage issued by the patent administration department of the State Council.

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

If the applicant corrects the translation in accordance with the requirements of the notice issued by the patent administration department under the State Council, it shall go through the formalities prescribed in the second paragraph of this article within the specified time limit; if the prescribed formalities are not completed within the time limit, the application shall be deemed withdrawn.

Article 114 For an international application for a patent for invention, if the patent administration department under the State Council finds it complies with the relevant provisions of the Patent Law and these Rules after preliminary examination, it shall be published in the Patent Gazette; the international application shall be published in a language other than Chinese. If submitted, the Chinese translation of the application documents shall be published.

Article 13 of the Patent Law shall apply from the date of international publication of an international application for an invention patent that is published by the International Bureau in Chinese; if it is published internationally by the International Bureau in a language other than Chinese, The provisions of Article 13 of the Patent Law shall apply from the date of publication by the administrative department.

For international applications, the publication referred to in Articles 21 and 22 of the Patent Law refers to the publication provided for in the first paragraph of this Article.

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

During the international phase, when the International Searching Authority or the International Preliminary Examining Authority considers that the international application does not meet the unity requirement stipulated in the Patent Cooperation Treaty, the applicant fails to pay the additional fee as required, resulting in that some parts of the international application have not been searched internationally or have not been internationally searched. Preliminary examination, when entering the Chinese national phase, the applicant requests the above-mentioned part as the basis for examination. If the patent administration department of the State Council believes that the international search authority or the international preliminary examination authority has made a correct judgment on the unity of the invention, it shall notify the applicant within the specified time limit. Pay the Unitary Restoration Fee. If the payment is not made within the time limit or the payment is not paid in full, the part of the international application that has not been searched or not subjected to international preliminary examination shall be deemed withdrawn.

Article 116 If the international application is refused to grant the international filing date or declared to be withdrawn by the relevant international authority during the international phase, the applicant may request the International Bureau to file the international application within 2 months from the date of receipt of the notification. The copy of any document in the State Council shall be forwarded to the patent administration department under the State Council, and the State Council patent administration department shall go through the formalities prescribed in Article 103 of these Rules within the time limit. Whether the decision made by the unit is correct is reviewed.

Article 117 For a patent right granted based on an international application, due to an error in the translation, the scope of protection determined in accordance with Article 59 of the Patent Law exceeds the scope expressed in the original text of the international application, and the scope of protection determined in accordance with the provisions of Article 59 of the Patent Law shall be limited according to the original text. The scope of protection shall prevail; if the scope of protection is smaller than that expressed in the original text of the international application, the scope of protection at the time of grant shall prevail.

Chapter XI Supplementary Provisions

Article 118 With the consent of the patent administration department under the State Council, anyone may consult or copy the case files and patent registers of patent applications that have been published or announced, and may request the patent administration department under the State Council to issue a copy of the patent register.

The case file of a patent application that has been deemed to be withdrawn, rejected or voluntarily withdrawn shall not be kept after the expiration of 2 years from the date of expiration of the patent application.

The case file of a patent right that has been abandoned, declared invalid and terminated shall not be kept after three years from the date of expiration of the patent right.

Article 119 Submitting application documents or going through various formalities to the patent administration department under the State Council shall be signed or sealed by the applicant, patentee, other interested parties or their representatives; Seal of the patent agency.

Those requesting to change the name of the inventor, the name, nationality and address of the patent applicant and the patentee, the name, address and name of the agent of the patent agency shall go through the formalities for the change of bibliographical matters with the patent administration department under the State Council, and attach an attachment. Evidence of the reason for the change.

Article 120 When mailing documents related to applications or patent rights to the patent administration department under the State Council, registered mail shall be used, and parcels shall not be used.

In addition to submitting the patent application documents for the first time, when submitting various documents and going through various formalities to the patent administration department under the State Council, the application number or patent number, the name of the invention-creation and the name of the applicant or patentee shall be indicated.

A single letter should contain only documents for the same application.

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

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

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

Article 122 The patent administration department under the State Council shall formulate guidelines for patent examination in accordance with the Patent Law and these Detailed Rules.

Article 123 These Detailed Rules shall come into force on July 1, 2001. On December 12, 1992, the State Council approved the revision, and on December 21, 1992, the Implementing Regulations of the Patent Law of the People's Republic of China promulgated by the Chinese Patent Office shall be repealed at the same time.

Tianjin Famous Trademark Recognition and Protection Measures

Measures for the Recognition and Protection of Famous Trademarks in Wuhan

Tianjin Famous Trademark Recognition and Protection Measures

Measures for the Recognition and Protection of Famous Trademarks in Wuhan