LAWS AND REGULATIONS

(Approved by The State Council on January 19, 1985; promulgated by the Patent Office of the People's Republic of China on January 19, 1985; effective as of April 1)

Chapter I General provisions

Article 1 These Rules are formulated in accordance with Article 68 of the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).

Article 2 For the purposes of the Patent Law, "invention" means a new technical solution to a product, process or improvement thereof. 

For the purposes of the Patent Law, "utility model" means a new technical solution of the shape, structure or combination of the product that is suitable for practical use. 

The term "design" as used in the Patent Law refers to a new design of the shape, pattern, color or combination of the product that is aesthetically pleasing and suitable for industrial application. 

Article 3 The procedures prescribed in the Patent Law and these Rules shall be handled in writing.

Article 4 All documents submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese. For scientific and technological terms that have uniform provisions of the State, normative words shall be used. Where there is no unified Chinese translation of the names of foreigners, place names and scientific and technological terms, the original shall be indicated. 

Where certificates and supporting documents submitted in accordance with the provisions of the Patent Law and these Rules are in a foreign language, the Patent Office may require a Chinese translation to be attached within a specified period. 

Article 5 Where the place of service of any document mailed by the Patent Office is a city at or above the municipality under the jurisdiction of a province or autonomous region, seven days from the date of issuance of the document and 15 days from the date of issuance in other regions shall be presumed to be the date of receipt of the document by the addressee. 

Documents mailed to the Patent Office by the applicant shall be submitted on the date of mailing postmark. If the date of the postmark on the envelope is not clear, unless the applicant can provide proof, the date of receipt of the Patent Office shall be the date of submission. 

Article 6 The first day of any time limit prescribed in the Patent Law and these Rules shall not be counted as such. Where a time limit is calculated in years or months, the corresponding day of the last month shall be the day on which the time limit expires; If there is no corresponding day in that month, the time limit shall expire on the last day of that month. 

If a time limit expires on a statutory holiday, it shall expire on the first working day after the holiday.

Article 7 Where the applicant, the patentee or any other interested party delays the time limit prescribed by the Patent Law or these Rules or the time limit specified by the Patent Office due to irresistible causes or other legitimate reasons, he or she may, within one month after the obstacle is removed, state his or her reasons and request an extension of the time limit. However, the time limit specified in Articles 24, 29, the first sentence of Article 41, 45 and 61 of the Patent Law shall be excluded.

Where, before the expiration of the time limit designated by the Patent Office, the applicant requests an extension of the time limit for legitimate reasons, he shall make a request to the Patent Office, together with the relevant certificates. 

Article 8 Where an invention-creation applied for a patent by any unit of the national defense system involves state security and requires secrecy, the patent application shall be accepted by a Patent Office established by the competent department of science and technology for national defense, and the Patent Office shall make a decision on the basis of the examination opinions of the said office. 

Article 9 Except as provided for in the preceding article, after accepting an application for a patent, the Patent Office shall transmit the application for examination of confidentiality to the relevant competent department under The State Council for examination. The competent authorities concerned shall, within four months from the date of receipt, notify the Patent Office of the result of the examination; Where an invention-creation for which a patent is applied needs to be kept secret, the Patent Office shall treat it as a confidential patent application and notify the applicant.

Article 10 The term "service invention-creation" as mentioned in Article 6 of the Patent Law means: 

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

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

(3) Invention-creation made within one year after retirement, retirement or transfer of work, related to the work undertaken by the original unit or assigned tasks. 

The material conditions of an entity as mentioned in Article 6 of the Patent Law refer to its capital, equipment, parts and components, raw materials or technical data not disclosed to the public. 

Article 11 For the purposes of the Patent Law, an inventor or designer means a person who has made a creative contribution to the substantive features of the invention-creation. In the course of completing an invention-creation, a person who is solely responsible for organizing the work, facilitating the use of material conditions, or performing other auxiliary work shall not be deemed to be an inventor or designer. 

Article 12 Where two or more applicants mentioned in Article 9 of the Patent Law respectively apply for a patent for the same invention-creation on the same date, they shall, upon receipt of a notice from the Patent Office, determine the applicants through consultation. 

Article 13 The patentee shall, within three months after the contract becomes effective, file with the Patent Office the contract for licensing the exploitation of a patent entered into with another person. 

Article 14 The patent agency mentioned in Article 19, paragraph 1 and Article 20 of the Patent Law means the China Council for the Promotion of International Trade, Shanghai Patent Office, China Patent Agency Co., LTD., and other patent agency agencies designated by The State Council. 

Article 15 Where an applicant entrusts a patent agency to apply for a patent or to handle other patent matters with the Patent Office, it shall simultaneously submit a power of attorney indicating the authority of the agency. 

Chapter II Application for Patent 

Article 16 An application for a patent shall be submitted to the Patent Office in duplicate.

Article 17 Other matters in the request mentioned in paragraph 2 of Article 26 of the Patent Law refer to: 

(1) The nationality of the applicant; 

(2) Where the applicant is an enterprise or other organization, the country where its headquarters are located; 

(3) If the applicant entrusts a patent agency, the name and address of the patent agency and the name of the patent agent; 

(4) If the applicant is a unit, the name of the representative;

(5) Where the right of priority is claimed, the relevant matters that should be indicated;

(6) The signature or seal of the applicant; 

(7) List of application documents, 

(8) List of additional documents, the applicant has two or more and has not appointed a patent agency, shall appoint a representative; If no representative is designated, the first signatory shall be the representative. 

Where an application for a patent for design is filed, a brief description of the design shall also be stated when necessary.

Article 18 A description of an application for a patent for invention or use of a new type shall be written in the following order, except where the nature of the invention or use of a new type requires a description in any other manner or sequence: 

(1) A new name invented or used, the name shall be the same as the name in the request; 

(2) Inventing or using a new type of technical field to which it belongs; 

(3) To the knowledge of the applicant, indicate the prior art which is useful for reference in the understanding, retrieval and examination of the invention or utility model, and cite documents reflecting the technology;

(4) The purpose of the invention or utility model; 

(5) Clearly and completely state the contents of the invention or utility model, subject to the ability of ordinary technicians in the technical field to realize it; 

(6) The advantages or positive effects of the invention or utility model compared with the prior art;

(7) If any drawings are attached, they shall be illustrated; 

(8) Describe in detail what the applicant considers to be the best way to realize the invention or utility model, and the attached drawings shall be compared with the attached drawings. 

The description of the invention or utility model may contain chemical or mathematical formulas, but shall not contain commercial propaganda terms.

Article 19 Several drawings of an invention or utility model may be drawn on one drawing, and each drawing shall be numbered in Arabic numerals and arranged in order. 

The size and clarity of the attached drawing should ensure that when the drawing is reduced to two thirds, the ten details in the drawing can still be clearly distinguished. 

Drawings and marks used in the same application shall be consistent. Marks not mentioned in the specification of the invention or utility model shall not appear in the attached drawings. 

The drawings should contain no comments other than the necessary words. 

Article 20 The claims shall state the technical features of the invention or utility model and clearly and briefly state the scope of protection claimed. 

If the claims contain several claims, they shall be numbered in the order of Arabic numerals. 

The technical terms used in the claims shall be consistent with those used in the specification, and may have chemical or mathematical formulas, but shall not have illustrations. Unless absolutely necessary, no "if the instructions... As described in part "or" as shown in... The expression ". 

Article 21 Claims may include independent claims and subordinate claims.

The independent claim shall reflect the main technical content of the invention or utility model as a whole and record the necessary technical features constituting the invention or utility model. 

A subordinate claim that refers to one or more claims can only refer to the preceding claim. 

Article 22 Unless the nature of the invention or utility model needs to be expressed in other ways, independent claims shall be written in accordance with the following provisions: 

(1) The preamble part: a description of the technical field to which the invention or utility model belongs and the technical features in the prior art that are closely related to the subject matter of the invention or utility model; 

(2) The feature part: use "The invention (or utility model) is characterized by..." Or similar plain language indicating the technical features of the invention or utility model. These features, together with those described in the preceding section, constitute the technical features that require protection. 

An invention or utility model shall have only ten independent claims, which are written before the subordinate claims of the same invention or utility model. 

Article 23 Unless the nature of the invention or utility model requires expression in other ways, the subordinate claims shall be written in accordance with the following provisions: 

(1) Citation: indicate the number of the cited claim, and if possible write the number at the beginning of the sentence; 

(2) The characteristic part: specifies the additional technical features of the invention or utility model, and further limits the technical features of the cited part. 

A subordinate claim that refers to two or more other claims shall not refer to each other. 

Article 24 The abstract shall state the technical field to which the invention or utility model belongs, the technical problems to be solved, the main technical features and the uses. The abstract may contain the chemical formula that best illustrates the invention or an accompanying drawing that illustrates the invention or utility model. The full text should not exceed 200 words. 

Article 25 Where an invention for which a patent is applied relates to a new microbial method or product, and the microorganisms used are not available to the public, in addition to complying with the relevant provisions of the Patent Law and these Rules, the applicant shall also go through the following procedures:

(1) Before the date of filing, or at the latest on the date of filing, submit the microbial strain to the microbial strain depositary designated by the Patent Office for storage; 

(2) Provide information on microbial characteristics in the application documents; 

(3) Indicate in the request the classification and name of the microorganism (indicating the Latin name) and the name of the unit storing the microorganism strain, the date of submission and the storage number, and attach the certificate of the unit. 

Article 26 After the publication of the application for a patent for invention relating to microorganisms, any entity or individual that needs to use the microorganisms covered by the patent application for experimental purposes shall file a request with the Patent Office, stating the following: 

(1) The name and address of the person making the request; 

(2) A guarantee that the applicant will not provide the strain to any other person; 

(3) A guarantee that it will be used only for experimental purposes before the patent right is granted. 

Article 27 The drawing or photograph of a design submitted in accordance with Article 27 of the Patent Law shall not be smaller than 3 cm x 8 cm, nor larger than 19 cm x 27 cm. 

The applicant may submit pictures or photographs from different angles, different sides or different states for each design to clearly show the object of protection requested. For each picture or photograph, the Angle, side and state of the design shall be clearly stated, and the sequential number and the name or name of the applicant shall be marked on the left and upper right of the back of the picture or photograph respectively.

Article 28 Where an application for a patent for design for which protection of colour is requested, one copy of a colour and one copy of a black and white picture or photograph shall be submitted, and the colour of the protection requested shall be indicated on the black and white picture or photograph.

Article 29 The Patent Office may, when it deems it necessary, require the applicant for a patent for design to submit a sample or model of a product using the design. The volume of the sample or model shall not exceed 30 cm ×30 cm ×30 cm, and the weight shall not exceed 15 kg. Perishable, fragile or dangerous goods may not be submitted as samples or models.

Article 30 The academic or technical conference referred to in paragraph 2 of Article 24 of the Patent Law means the academic or technical conference organized by the relevant competent department of The State Council or a national academic organization.

Article 31 Where an application for a patent falls under the circumstances provided for in paragraph 1 or paragraph 2 of Article 24 of the Patent Law, the applicant shall, at the time of filing the patent application, make a declaration and, within two months from the date of filing, submit a document certifying that the invention-creation has been exhibited or published and the date of exhibition or publication issued by the organization of the relevant international exhibition, academic conference or technical conference.

Where an application for a patent falls under the circumstances provided for in paragraph 3 of Article 24 of the Patent Law, the Patent Office may, when necessary, require the applicant to submit supporting documents. 

Article 32. Where an applicant for a patent for invention claims the right of priority, it shall, within 15 months from the date when it first filed its application in a foreign country, submit the application number given by the State that accepted the application. 

Article 33 Where an applicant claims two or more priorities for a patent application, the priority period of the application shall be counted from the earliest priority date. 

Article 34 Where a foreigner, a foreign enterprise or any other foreign organization has no habitual residence or business establishment in China and applies for a patent, the Patent Office may, if it considers that there is any doubt, require it to provide the following documents: 

(1) Nationality certificate; 

(2) Documents certifying the location of the headquarters of the foreign enterprise or other foreign organization; 

(3) Documents certifying that the country to which the foreigner, foreign enterprise or other foreign organization belongs recognizes that Chinese citizens or units may enjoy patent rights and other patent-related rights in that country under the same conditions as nationals of that country. 

Article 35 In accordance with the provisions of Article 31, paragraph 1, of the Patent Law, the claims of an application for a patent for invention or utility model may be any of the following: 

(1) Two or more independent claims for similar products and methods that cannot be included in the ten claims; 

(2) Independent claims on the product and the process used specifically to manufacture the product; 

(3) Independent claims on the product and the use of the product; 

(4) the product, the method used specifically to manufacture the product and the use of the product independent claims; 

(5) Independent claims on the product, the special equipment dedicated to the process of manufacturing the product and the process; 

(6) Independent claims for the method and for special equipment specifically designed for the use of the method; 

(7) Independent claims of the method and of products manufactured directly using the method. 

Article 36 Where two or more designs are filed as one application in accordance with the provisions of Article 31, paragraph 2, of the Patent Law, each design shall be numbered sequentially, and the product using each design shall be indicated in the request. The sequence number of the design shall be marked on the lower left side of the back of the picture of each product using the design. 

Article 37 Where an applicant withdraws his application for a patent, he shall file a declaration with the Patent Office indicating the name of the invention-creation, the application number and the date of filing. 

The declaration of withdrawal of a patent application is made after the Patent Office has made the printing preparations for the publication of the patent application documents, which are still published. 

Chapter III Examination and approval of patent applications 

Article 38 Where an examiner or a member of the Patent Reexamination Board examining or reexamining an application for a patent falls under any of the following circumstances, he or she shall recuse himself or herself, and the applicant or any other interested party may also request him or her to recuse himself or herself: 

(1) is a near relative of the applicant or the patent agent; 

(2) having an interest in the patent application;

(3) having other relationships with the applicant or the patent agent that may affect the impartial examination of the patent application.

Where a member of the Patent Reexamination Board has participated in the examination of the original application, the provisions of the preceding paragraph shall apply.

Article 39 Upon receipt of the request, description and claims for an application for a patent for invention or utility model (utility model must include drawings), or the request for an application for a patent for design and the drawings or photographs of the design, the Patent Office shall specify the date of filing, give the application number and notify the applicant. 

Article 40 Where an application for a patent lacks a request, description or claim, or does not comply with the provisions of Article 27 of the Patent Law, the Patent Office shall not accept it and notify the applicant. 

Article 41 Where a "Description of the appended drawings" is written in the description of the invention but no drawings are attached, the applicant shall, within the time limit specified by the Patent Office, submit a supplementary drawing or declare that the "description of the appended drawings" shall be cancelled. Where the applicant submits supplementary drawings, the date on which the appended drawings are submitted or mailed to the Patent Office shall be the date of application; If the "Description of attached drawings" is deleted, the original application date shall be retained. 

Article 42 Where an application for a patent consists of two or more inventions, utility models or designs, the applicant may, at any time before the announcement in accordance with Article 39 or 40 of the Patent Law, or after the announcement, when the Patent Office considers that there are valid grounds for filing a division application, file a request with the Patent Office for division and, on its own initiative, divide its application into several applications. 

Where the Patent Office considers that the application for a patent does not comply with the provisions of Article 31 of the Patent Law or Article 35 of these Rules, it shall notify the applicant to subfile the application within a specified time limit. If the applicant fails to reply within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. 

Article 43 A division application filed in accordance with the provisions of Article 42 of these Rules may retain the original filing date, provided that it shall not exceed the scope of the original specification. 

Article 44 Where, after preliminary examination, the Patent Office considers that the application for a patent clearly falls within the provisions of Article 5 or 25 of the Patent Law, or is clearly not in conformity with the provisions of Article 18 or 19 of the Patent Law or Article 2 of these Rules, it shall notify the applicant and request it to state its views within the specified time limit. Where the applicant fails to reply without good reason at the time limit, the application shall be deemed withdrawn. 

Where, after the applicant has stated his views, the Patent Office still considers that the application for a patent is clearly not in conformity with the provisions of the preceding paragraph, it shall reject it. 

Article 45 Where an application for a patent falls under any of the following circumstances, the applicant shall make corrections within the time limit specified by the Patent Office: 

(1) the request does not use the prescribed format or does not meet the requirements; 

(2) the specification of the invention or utility model, the drawings attached thereto and the claims do not conform to the provisions; 

(3) where the application for a patent for invention or utility model lacks an abstract; 

(4) where the drawings or photographs applied for a patent for design do not conform to the provisions; 

(5) entrusting a patent agency without submitting a power of attorney;

(6) other matters that should be corrected. 

If the applicant fails to make a rectification within the time limit without justifiable reasons, his application shall be deemed to have been withdrawn. Where, after correction, an application for a patent still fails to comply with the relevant provisions of the Patent Law or these Rules, it shall be rejected. 

Article 46 Where an applicant requests early publication of his application for a patent for invention, he shall make a declaration to the Patent Office. After preliminary examination of the application, the Patent Office shall publish the application immediately, unless it is rejected. 

Article 47 Where, in accordance with the provisions of Article 27 of the Patent Law, the applicant specifies the product to which the design is used and the category to which it belongs, the applicant shall use the classification table of the design product published by the Patent Office. Where the category of the product to which the design is used is not specified or the category written is inaccurate, the Patent Office may supplement or amend it. 

Article 48. From the date of publication of an application for a patent for invention until the announcement of examination and approval, any person may submit his opinions to the Patent Office on an application that does not comply with the provisions of the Patent Law, and state the reasons. 

Article 49 Where an applicant for a patent for invention is unable to submit the information on search or the information on the results of examination as provided for in Article 36 of the Patent Law for legitimate reasons, he or she shall make a declaration to the Patent Office and submit the information after obtaining it.

Article 50 When the Patent Office conducts its own examination of an application for a patent in accordance with the provisions of Article 35, paragraph 2, of the Patent Law, it shall notify the applicant. 

Article 51. An applicant for a patent for invention may, within fifteen and ten months from the date of filing, when filing a request for substantive examination or replying to an objection, take the initiative to amend the specification or the claims of the application for a patent for invention. 

For the modified part of the specification or claim of an application for a patent for invention or utility model, except for the modification or addition or deletion of individual words, replacement pages shall be submitted in accordance with the prescribed format.

Article 52. An applicant for a patent for utility model or design may, from the date of filing until the announcement of the application, or when giving an answer to an opposition, initiate amendment of the application for a patent for utility model or design. Where an application for a patent for design is modified, the basic components of the design may not be altered.

Article 53 The circumstances under which an application for a patent shall be rejected in accordance with the provisions of the Patent Law refer to: 

(1) the application does not comply with Article 3 of the Patent Law or Article 2 of these Rules; 

(2) where the application falls within the provisions of Articles 5 or 25 of the Patent Law or does not comply with the provisions of Articles 22 or 23 of the Patent Law;

(3) where the applicant has no right to apply for a patent in accordance with articles 6, 8 or 18 of the Patent Law, or is unable to obtain a patent right in accordance with Article 9 of the Patent Law;

(4) the application does not comply with the provisions of Article 26, paragraph 3, paragraph 4 or Article 31 of the Patent Law; 

(5) the application for modification or subdivision exceeds the scope of the original specification.

Article 54 In accordance with Article 41 of the Patent Law, the circumstances under which an opposition may be raised to an application for a patent for invention or utility model published by the Patent Office refer to: 

(1) the invention for which a patent is applied does not conform to the provisions of Article 3 of the Patent Law and Article 2, paragraph 1, of these Rules, and the utility model for which a patent is applied does not conform to the provisions of Article 3 of the Patent Law and Article 2, paragraph 2, of these Rules; 

(2) where the application falls within the provisions of Articles 5 or 25 of the Patent Law or does not comply with the provisions of Article 22 of the Patent Law; 

(3) where the applicant has no right to apply for a patent in accordance with the provisions of Article 6, 8 or 18 of the Patent Law, or where the main content of the application is taken from a specification, drawings, models, equipment, etc., or from a method used by another person without his or her consent; 

(4) The application does not comply with the provisions of paragraph 3 or 4 of Article 26 of the Patent Law; 

(5) The application for modification or subdivision exceeds the scope of the original specification. 

Article 55 The circumstances under which an opposition may be raised to an application for a design patent published by the Patent Office in accordance with Article 41 of the Patent Law refer to: 

(1) the design for which a patent is applied does not conform to the provisions of Article 3 of the Patent Law or paragraph 3 of Article 2 of these Rules;

(2) where the design for which a patent is applied falls within the provisions of Article 5 of the Patent Law or does not conform to the provisions of Article 23; 

(3) where the applicant has no right to apply for a patent in accordance with the provisions of articles 6, 8 or 18 of the Patent Law, or is unable to obtain a patent right in accordance with the provisions of article 9 of the Patent Law, or where the essential components of the design for which the patent is applied are taken from a design, drawing, photograph, article or model of another person without his or her consent;

(4) the amendment to the application changes the basic components of the design. 

Article 56 Where any person raises an opposition in accordance with Article 41 of the Patent Law, he shall submit an opposition in duplicate to the Patent Office and state the reasons for the opposition. 

Article 57 The Patent Office shall, upon receipt of the objection, examine it. If the objection does not conform to the provisions, it shall notify the opponent to make corrections within a specified time limit; If the correction is not made within the specified time limit, it shall be deemed that no objection has been raised. 

Where the objection does not clearly state the reasons for opposing the grant of the patent right or the reasons put forward do not conform to the provisions of Article 54 or 55 of these Rules, it shall not be accepted. 

Article 58 The Patent Reexamination Board shall be composed of experienced technical and legal experts designated by the Patent Office, and its chairman shall be concurrently the Director of the Patent Office. 

Article 59 Where an applicant makes a request to the Patent Reexamination Board for reexamination in accordance with the provisions of paragraph 1 of Article 43 of the Patent Law, he shall submit a request for reexamination, stating the reasons and attaching the relevant supporting documents. The request and supporting documents shall be made in duplicate. 

When the applicant requests a review, he may amend the patent application, but the amendment shall be limited to the part involved in the decision to reject the application. 

Article 60 Where the written request for reexamination does not conform to the prescribed form, the person making the request for reexamination shall make corrections within the time limit designated by the Patent Reexamination Board. If no correction is made within the time limit, the request for review shall be deemed to have been withdrawn. 

Article 61 The Patent Reexamination Board shall transmit the request for reexamination it has received to the original examining department for comments. The Patent Reexamination Board shall make a decision and notify the applicant.

Article 62 Where, after making a reexamination, the Patent Reexamination Board finds that the request for reexamination is not in conformity with the provisions of the Patent Law, it shall notify the person making the request for reexamination and require him to state his opinions within a specified time limit. If the applicant fails to reply within the time limit without justifiable reasons, his request for review shall be deemed to have been withdrawn. 

Article 63 The person making the request for reexamination may withdraw his request for reexamination at any time before the Patent Reexamination Board makes a decision. 

Article 64. After the Patent Office has made a decision to grant a patent right, it shall notify the applicant to pay the patent certificate fee and obtain the patent certificate within two months. Where the applicant fails to pay the patent certificate fee within the time limit, it shall be deemed to have waived its right to obtain the patent right.

Chapter IV Invalidation of patent right

Article 65 Where, in accordance with the provisions of Article 48 of the Patent Law, a request is made for the invalidation or partial invalidation of the patent right, a written request shall be submitted to the Patent Reexamination Board, stating the reasons and, if necessary, the relevant documents shall be attached. The request for invalidation and the relevant documents shall be made in duplicate. 

Article 66 Where the request for invalidation of a personal patent right does not conform to the prescribed format, the person making the request shall rectify it within the time limit designated by the Patent Reexamination Board. If no correction is made within the time limit, the request for invalidation shall be deemed to have been withdrawn. 

The reasons for requesting invalidation shall be governed by the provisions of Articles 54 and 55 of these Rules. 

Where no reason is stated in the request for invalidation or the reasons given do not conform to the provisions of Articles 54 and 55 of these Rules, it shall not be accepted. 

Article 67 The Patent Reexamination Board shall send copies of the request for invalidation of the patent right and copies of the relevant documents to the patentee and request him to state his opinions within the specified time limit. If no reply is made at the expiration of the time limit without justifiable reasons, it shall be deemed to have no objection.

Chapter V Compulsory license for Exploitation of patent

Article 68 Where any entity, pursuant to the provisions of Article 52 of the Patent Law, or any patentee, pursuant to the provisions of Article 53, requests a compulsory license to exploit a patent for invention or utility model, the entity or patentee shall submit to the Patent Office a request for a compulsory license, accompanied by documents certificating the failure to conclude a license contract with the patentee on reasonable terms. Each in duplicate.

Where any entity requests a compulsory license to exploit a patent for invention or utility model in accordance with the provisions of Article 52 of the Patent Law, it shall also submit a document indicating that the entity has the conditions for exploitation in duplicate.

After accepting the application for compulsory license, the Patent Office shall notify the patentee concerned to state his or her views within a specified time limit; If no reply is made at the expiration of the time limit without justifiable reasons, it shall be deemed to have no objection.

After examining the request for a compulsory license and the views of the patentee concerned, the Patent Office shall make a decision and notify the applicant and the patentee concerned.

Article 69 Where, in accordance with the provisions of Article 57 of the Patent Law, the Patent Office is requested to make a ruling on the amount of the royalty, the parties shall submit a written request for the ruling, which shall be accompanied by supporting documents showing that the two parties cannot reach an agreement. The Patent Office shall, within three months after receipt of the request, make a decision and notify the parties.

Chapter VI Awards to inventors or designers of service invention-creations 

Article 70 The term "rewards" as mentioned in Article 16 of the Patent Law includes bonuses and remuneration paid to the inventor or designer.

Article 71 After the grant of the patent right, the entity holding the patent right shall pay a bonus to the inventor or designer. The bonus for a patent for invention shall not be less than 200 yuan; The bonus for a utility model patent or design patent shall not be less than 50 yuan.

Where an invention-creation is completed as a result of the proposal of the inventor or designer being adopted by the entity to which the inventor or designer belongs, after the patent right is granted, the entity holding the patent right shall pay a bonus in the preference.

The enterprise unit may include the aforesaid bonus in the cost, and the public institution may deduct it from the operation fee.

Article 72 During the term of validity of the patent right, after exploitation of the patent for invention-creation, the holder of a patent right shall, each year after exploitation of the patent for invention-creation, withdraw 0.5% to 2% after taxation of the profits derived from exploitation of the invention or utility model, or 0.05% to 0.2% after taxation of the profits derived from exploitation of the design, and pay it to the inventor or creator as remuneration. Or pay the inventor or designer a one-time reward in reference to the above proportion. 

Article 73 Where the holder of a patent right for invention-creation permits any other entity or individual to exploit its patent, it shall, after paying taxes, pay 5% to 10% of the royalties it obtains as remuneration to the inventor or creator. 

Article 74 The remuneration provided for in these Rules shall all be paid out of the profits obtained from the manufacture of patented products and the use of patented methods and the royalties collected, and shall not be included in the total bonus of the unit, and no bonus tax shall be calculated. However, the personal income of the inventor or designer shall be taxed according to law. 

Article 75 The provisions of this Chapter on bonuses and remuneration may be implemented by reference by collective-owned units and other enterprises. 

Chapter VII Patent Administration Organs 

Article 76 The patent administration authority mentioned in Article 60 of the Patent Law and these Rules means the patent administration authority established by the relevant competent department under The State Council and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones. 

Article 77 Where an entity or individual uses the invention after the publication of the application for a patent for invention or before the grant of the patent right without paying an appropriate fee, after the grant of the patent right, the patentee may request the patent administration authority for mediation or may directly bring a suit before the people's court. When the patent administration authority makes an adjustment, it shall have the power to decide that the unit or individual shall pay an appropriate fee within a specified time limit. Where any party is not satisfied with the decision of the patent administration authority, it may bring a suit in a people's court. 

The provisions of the preceding paragraph shall be applicable to applications for patents for utility models or designs.

Article 78 Where an inventor or creator and his subsidiary entity dispute whether his invention-creation is a service invention-creation or whether he has filed a patent application for a service invention-creation, the inventor or creator may request the competent authority at a higher level or the patent administration authority in the area where the entity is located to settle the dispute.

Article 79 Where a party requests the patent administration authority to handle a cross-departmental or cross-regional infringement dispute, it shall be handled by the patent administration authority in the area where the infringement occurred or by the patent administration authority of the superior competent department of the infringing entity. 

Chapter VIII Patent Registration and Patent Bulletin

Article 80 The Patent Office shall maintain a patent register to register the following matters relating to patent rights: 

(1) Grant of patent right; 

(2) Assignment of patent right;

(3) Renewal of the term of the patent right;

(4) Termination and invalidity of the patent right;

(5) Compulsory license for exploitation of a patent; 

(6) Change of the name, country loan and address of the patentee. 

Article 81 The Patent Office shall regularly publish a patent gazette and publish or announce the following: 

(1) The bibliography recorded in the patent application request; 

(2) An abstract of the description of the invention or utility model;

(3) The request for substantive examination of an application for a patent for invention and the Patent Office's examination of the application 

(4) Examination and approval of an application for a patent for invention and announcement of an application for a patent for utility model or design; 

(5) Rejection of a patent application; 

(6) Examination decisions on objections and amendment of patent applications; 

(7) Grant of patent right; 

(8) Termination of the patent right; 

(9) Invalidation of the patent right; 

(10) Assignment of patent right; 

(11) Granting of a compulsory license for exploitation of a patent; 

(12) Renewal of the term of the patent right; 

(13) Withdrawal of an application for a patent shall be deemed withdrawal or abandonment; 

(14) Changes in the name or address of the patentee; 

(15) Notification of an applicant whose address is unknown; 

(16) Other relevant matters. 

The description of the invention or utility model and the drawings attached thereto, the claims and the pictures or photographs of the patent application for design shall be published separately in full.

Chapter IX Expenses 

Article 82 When applying for a patent and going through other formalities with the Patent Office, the following fees shall be paid in accordance with the circumstances: 

(1) Application fees and application maintenance fees; 

(2) Examination fees, review fees and objection fees; 

(3) Annual fees; 

(4) Processing fees for other patent affairs: patent renewal fee, bibliography change fee, patent certificate fee, priority certificate fee, invalidation request fee, compulsory license request fee and compulsory license fee. 

The amounts of the above-mentioned fees shall be prescribed separately by the Patent Office. 

Article 83 The fees provided for in the Patent Law and these Detailed Rules may be remitted by post or bank, or paid directly to the Patent Office. 

Where payment is made by post or bank, the name of the fee, the name of the invention-creation, the application number or the patent number shall be indicated on the remittance form. Where there is no application number or patent number, the date of filing the application shall be indicated. 

If the fees are remitted by post or bank, the date of remitting the fees shall be the payment date. 

Article 84 Where the application fee for a patent is not paid on time or in full, the applicant may pay or pay in full within one month from the date of filing the application. Where the payment has not been made or has not been made in full at the expiration of the time limit, the application shall be deemed to have been withdrawn. 

Article 85 Where an applicant requests substantive examination or reexamination, and any person raises an objection or requests the invalidation of the patent right, and fails to pay the fee as prescribed, he may pay the fee within 15 days from the date of filing the request or objection, provided that the payment date shall not exceed the time limit for requesting substantive examination, reexamination or filing an objection as prescribed in the Patent Law. If the payment is not made at the expiration of the time limit, it shall be deemed that no request or objection has been filed. 

Article 86 Where an applicant for a patent for invention has not been granted a patent right two years after the date of filing, he or she shall pay an annual maintenance fee for the application starting from the third year. The first application for maintenance fee shall be paid within the first month of the third year, and the subsequent application for maintenance fee shall be paid in advance within one month before the expiration of the previous year. 

Article 87 The fee for the first and second year shall be paid at the time of obtaining the patent certificate. Where the maintenance fee for the application for the current year has been paid at the time the patent right is granted, the patentee shall pay the difference according to the amount of the annual fee for the current year. The subsequent annual fees shall be paid in advance within one month before the expiration of the preceding year. 

Article 88 Where the applicant or the patentee fails to pay the application maintenance fee or annual fee on time, or the amount of the application maintenance fee or annual fee paid is insufficient, the Patent Office shall notify the applicant to pay the application maintenance fee or annual fee within six months from the date on which the payment of the application maintenance fee or annual fee expires, and to pay a late fee amounting to 25% of the application maintenance fee or annual fee; Where the application maintenance fee or the annual fee should be paid has expired, the application shall be deemed to have been withdrawn or the patent right terminated. 

Article 89 Where, in accordance with the provisions of paragraph 2 of Article 45 of the Patent Law, an application is filed for the renewal of the patent right for utility model or design, the request shall be made within six months before the expiration of the patent right, and the renewal fee shall be paid. Failure to pay the renewal fee at the expiration of the time limit shall be deemed to have made no request. 

Article 90 An individual who applies for a patent or goes through other procedures and has difficulty in paying the fees provided for in Article 82 of these Detailed Rules may, in accordance with relevant provisions, file a request to the Patent Office for reduction or suspension of payment. 

Measures for reduction or suspension of payment shall be formulated separately by the Patent Office. 

Chapter X Supplementary Provisions 

Article 91 Any person may, with the consent of the Patent Office, consult or copy the published or published patent application file, patent register and the relevant supporting documents. 

Article 92 The documents submitted by the applicant to the Patent Office shall be in the uniform form formulated by the Patent Office, and shall be signed or sealed by the applicant or his patent agent. 

Article 93 When filing with the Patent Office any document or article relating to an application or patent right, the application number or patent number and the name of the invention-creation shall be indicated. Mail documents or articles must be registered. 

Article 94 All kinds of application documents shall be typed or printed. Writing shall be neat and clear, and shall not be altered. Paper should only be used on the front side. 

Drawings should be drawn with drawing tools and black ink, and the lines should be uniform and clear. 

Article 95 The Patent Office shall be responsible for the interpretation of these Rules. 

Article 96 These Rules shall go into effect as of April 1, 1985.