Several Provisions on Regulating the Conduct of Patent Application (2017)(Decree No. 75)
Release Time：
2017-03-06
Order of the State Intellectual Property Office
seventy-fifth
The Decision of the State Intellectual Property Office on Amending the Provisions on Regulating the Conduct of Patent Application has been examined and adopted by the Executive Meeting of the State Intellectual Property Office and is hereby promulgated and shall come into force as of April 1, 2017.
Secretary Shin Changyu
February 28, 2017
Decision of the State Intellectual Property Office on amending the Provisions on Regulating Acts of Patent Application
The State Intellectual Property Office decided to make the following amendments to the Provisions on Regulating the Conduct of Patent Application:
1.Amendments to Article 3
Delete "or instil others to submit multiple patent applications with apparently identical contents" in paragraph 1;
Delete "or instil others to submit multiple patent applications that clearly copy prior art or prior design" in item 2;
Add one item as the third item:
"(3) The same entity or individual submits multiple patent applications for simple substitution or patchwork of different materials, components, proportions, components, etc.;"
Add one item as the fourth item:
"(4) The same entity or individual submits multiple patent applications for which experimental data or technical effects are clearly fabricated;"
Add one item as the fifth item:
"(5) The same entity or individual has submitted multiple patent applications for randomly generating the shape, pattern or color of a product by means of computer technology;"
Replace the third item with the sixth item and amend it as follows:
"(6) Helping others to file or patent agencies to file patent applications of the types mentioned in subparagraphs 1 to 5 of this article."
2. Amendment of Article 4
Delete "State Intellectual Property Office" in "Acts of State Intellectual Property Office against improper patent application";
Modify the first item as:
"(1) Not reducing patent fees; If the payment has been reduced, the reduced fee shall be required to be paid back; If the circumstances are serious, the patent fee shall not be reduced within five years from the current year."
Add "and incorporate into the national credit information sharing platform" in the second item;
Amend the fourth item as:
"The intellectual property offices at all levels shall not provide subsidies or awards; If subsidies or awards have been given, they shall be returned in whole or in part; If the circumstances are serious, no subsidies or awards shall be granted within five years from the current year."
Delete the two "recommendations" in item 5.
3. Amendment of Article 5
Amend this article to read:
"Before taking the treatment measures listed in Article 4 of these Provisions, the parties shall be given an opportunity to state their views when necessary."
4. Amendments to Article 6
The "administrative departments for patent work of the local people's governments" is amended to "intellectual property offices at all levels".
This decision shall take effect as of April 1, 2017.
Relevant Content
Stamp Law of the People's Republic of China
2022-06-02
Patent Agency Regulations (2018)
2018-11-20
Defense Patent Regulations (1990)
2015-09-08
National Defense Patent Regulations (2004)
2015-09-08
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