LAWS AND REGULATIONS

(Revised and approved by The State Council on December 12, 1992, promulgated by the Patent Office of China on December 21, 1992)

Chapter I General rules

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 "Invention" as used in the Patent Law means a new technical solution to a product, process or improvement thereof.

"Utility model" as mentioned in the Patent Law means a new technical scheme suitable for practical use which relates to the shape, structure or combination of the product.

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. The scientific and technological terms stipulated by the State shall be standardized. 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 the 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, when it deems it necessary, require the parties to attach a Chinese translation within a specified time limit; If it has not been attached at the expiration of the time limit, it shall be deemed that the certificate and supporting documents have not been submitted.

Article 5 For all documents mailed to the Patent Office, the date of postmarking shall be the date of submission. If the date of the postmark on the envelope is not clear, the date of receipt by the Patent Office shall be the date of filing, unless the parties can prove it.

The various documents of the Patent Office may be served on the parties by post, by direct delivery or by public notice. Where a party entrusts a patent agency, the documents shall be sent to the patent agency; Where no patent agency is appointed, the document shall be sent to the first signatory or representative in the request. If a party refuses to receive a document, the document shall be deemed to have been served.

Any document mailed by the Patent Office shall be presumed to be the date of receipt of the document by the party after the expiration of 15 days from the date of issuance of the document.

For documents that should be delivered directly according to the provisions of the Patent Office, the date of delivery shall be the date of service.

If the address of the document is not clear and cannot be mailed, it may be served on the party by way of public announcement. The document shall be deemed to have been served one month after the date of the announcement.

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, due to force majeure, a party delays the time limit prescribed by the Patent Law or these Rules or the time limit designated by the Patent Office, thereby causing the loss of his rights, he may, within two months from the date of removal of the obstacle, but not later than two years from the date of expiration of the time limit, explain to the Patent Office the reasons and attach relevant supporting documents, and request the restoration of his rights.

Where, due to legitimate reasons, a party delays the time limit prescribed by the Patent Law or these Rules or the time limit designated by the Patent Office, thereby causing the loss of his rights, he may, within two months from the date of receipt of the notification from the Patent Office, explain his reasons to the Patent Office and request the restoration of his rights.

Where a party requests the extension of the time limit designated by the Patent Office, it shall, before the expiration of the time limit, explain to the Patent Office its reasons and go through the relevant formalities.

The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limit provided for in Articles 24, 29, 41, 45 and 61 of the Patent Law.

The provisions of paragraph 2 of this Article shall not apply to the time limit provided for in Article 88 of these Rules.

Article 8 Where any unit of the national defense system applies for a patent for invention, and state secrets relating to national defense need to be kept secret, the patent application shall be accepted by the Patent Office established by the competent department of science and technology for national defense under The State Council. Where an application for a patent for invention involving state secrets relating to national defense needs to be kept secret, the Patent Office shall transfer it to the Patent Office established by the competent department for science and technology for national defense under The State Council for examination, and the Patent Office shall make a decision on the basis of the examination opinions of the Patent Office.

In addition to the provisions of the preceding paragraph, after accepting an application for a patent for invention, the Patent Office shall transmit the application for which confidentiality examination is required to the relevant competent department under The State Council for examination; The competent department concerned shall, within four months from the date of receipt of the application, notify the Patent Office of the result of the examination; Where confidentiality is required, the Patent Office shall handle the application in accordance with a confidential patent application and notify the applicant.

Article 9 Except as provided in Articles 28 and 45 of the Patent Law, the date of application referred to in the Patent Law, where there is a priority, refers to the priority date.

The date of filing mentioned in these Rules refers to the date on which the patent application is filed with the Patent Office.

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 in the performance of tasks other than those assigned 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 the task assigned by the original unit.

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

Article 11 An inventor or designer as mentioned in the Patent Law means a person who has made a creative contribution to the substantive features of an 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 Only one patent may be granted for the same invention-creation.

Where two or more applicants as provided in Article 9 of the Patent Law apply for a patent for the same invention-creation on the same day, they shall, upon receipt of the notification from the Patent Office, determine the applicants through consultation.

Article 13 A patent licensing contract concluded between the patentee and another person shall be filed with the Patent Office within three months from the effective date of the contract.

Article 14 The patent agency provided for in Article 19, paragraph 1 and Article 20 of the Patent Law shall be appointed by the Patent Office authorized by The State Council.

Article 15. Where a dispute arises over the right to apply for a patent for an invention-creation or over the granted patent right, the parties may request the patent administration authority to settle it, or may directly bring a suit before a people's court.

Where a party has a dispute arising out of the right to apply for a patent or the patent right and has requested the patent administration authority to handle it or has brought a lawsuit before a people's court, it may request the Patent Office to suspend the relevant procedures.

Where a request for suspension of the relevant procedures is made in accordance with the provisions of the preceding paragraph, a written request shall be submitted to the Patent Office, together with the relevant acceptance documents of the patent administration authority or the people's court.

Chapter II Application for Patent

Article 16 Anyone who applies for a patent shall submit the application documents in duplicate to the Patent Office.

Where an applicant entrusts a patent agency to apply for a patent and to handle other patent affairs with the Patent Office, it shall simultaneously submit a power of attorney indicating the authority of entrustment.

Article 17 The term "other matters in the request" mentioned in paragraph 2 of Article 26 of the Patent Law means:

(1) The nationality of the applicant;

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

(3) Where the applicant appoints a patent agency, the relevant matters that should be indicated;

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

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

(6) List of application documents;

(7) List of additional documents;

(8) Other relevant matters that need to be noted.

Where there are two or more applicants and no patent agency is appointed, one person shall be appointed as the representative.

Article 18 The description of an application for a patent for invention or utility model shall be written in the following manner and order:

(1) The name of the invention or utility model, which shall be the same as the name in the request;

(2) The technical field to which the invention or utility model belongs;

(3) State, to the knowledge of the applicant, the background technologies useful for the understanding, retrieval and examination of the invention or utility model, and cite documents reflecting these background technologies;

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

(5) Specify the technical scheme of the invention or utility model for which protection is claimed, so that the person skilled in the technical field to which the invention or utility model belongs can understand it and the purpose of the invention or utility model can be achieved;

(6) The beneficial effect of the invention or utility model compared with the background technology;

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

(8) Describe in detail the way in which the applicant considers the invention or utility model to be best realized and, where appropriate, give examples; If there are attached drawings, they shall be compared with the attached drawings.

The applicant for a patent for invention or utility model shall write a description in the manner and sequence prescribed in the preceding paragraph, unless the nature of the invention or utility model is characterized by writing it in another manner or sequence to save space and enable others to better understand the invention or utility model.

The description of the invention or utility model shall not use "if the rights require... Stated..." Quotations of the same category shall not use commercial propaganda terms.

Article 19 Several drawings attached to an invention or utility model may be drawn on a single drawing, and the drawings shall be drawn in accordance with "Figure 1, Figure 2,..." The sequence is numbered.

The size and clarity of the attached drawing should ensure that when the drawing is reduced to 2/3, the details in the drawing can still be clearly distinguished.

Drawings marks not mentioned in the text part of the specification of the invention or utility model may not appear in the drawings, and drawings marks not mentioned in the text part of the specification may not be mentioned. The drawing marks indicating the same component in the application documents shall be consistent.

The drawings should contain no other comments 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 sought.

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 the technical terms used in the specification, and may have chemical or mathematical formulas, but shall not have illustrations. Except where absolutely necessary, "as described in the instructions... As described in part "or" as shown in... The expression "as shown".

The technical features in the claims may refer to the corresponding marks in the drawings attached to the specification, which shall be placed after the corresponding technical features and placed in brackets to facilitate the understanding of the claims. The drawing marks shall not be construed as a limitation of the claims.

Article 21 A claim shall have independent claims and may also have subordinate claims.

The independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features to achieve the purpose of the invention or utility model.

Dependent claims should be further qualified by the additional technical features of the claim protection.

Article 22 An independent claim for an invention or utility model shall include a preamble part and a characteristic part and shall be prepared in accordance with the following provisions:

(1) The preamble part: indicating the name of the subject matter for which the invention or utility model requires protection and the necessary technical features common to the subject matter of the invention or utility model and the prior art;

(2) Features: Use "characterized by..." Or similar terms indicating the technical features of the invention or utility model that distinguish it from the prior art. These features, together with the features stated in the preceding part, define the scope of protection claimed by the invention or utility model.

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

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

Article 23 A subordinate claim for an invention or utility model shall include a part of citation and a part of qualification, and shall be prepared in accordance with the following provisions:

(1) The quoting part: indicating the number of the quoted claim and the name of its subject;

(2) The limited part: indicating the additional technical features of the invention or utility model.

A subordinate claim that refers to one or more claims can only refer to the preceding claim. A multiple dependent claim referring to more than two claims shall not be the basis for another multiple dependent claim.

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. Where an application for a patent is accompanied by drawings, the applicant shall designate and provide an accompanying drawing that best illustrates the technical features of the invention or utility model. The size and clarity of the attached drawing should ensure that the details in the drawing can be clearly distinguished when the drawing is reduced to 4 cm x 6 cm. The text of the abstract should not exceed 200 words. Commercial promotional language may not be used in the abstract.

Article 25 Where the invention for which a patent is applied relates to a new microorganism, a microbiological method or a product thereof, and the microorganism used is not available to the public, except that the application shall comply with the relevant provisions of the Patent Law and these Rules, the applicant shall also go through the following procedures:

(1) Before the filing date or at the latest on the filing date, submit the microbial strain to the depositary unit designated by the Patent Office for storage, and submit the certificate of preservation and proof of survival issued by the depositary unit at the time of filing or at the latest within three months from the filing date; If the certificate is not submitted at the expiration of the time limit, the strain shall be deemed not to have been submitted for storage;

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

(3) An application for a patent involving the preservation of a microbial strain shall indicate in the request and specification the classification and naming of the microbial strain (indicating the Latin name), the name, address, date of storage and storage number of the unit storing the microbial strain; If it is not stated in the application, it shall be corrected within three months from the date of application; If no correction is made at the expiration of the time limit, the strain shall be deemed not to have been submitted for storage.

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 and state the following:

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

(2) A guarantee not to 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 15 cm x 22 cm.

Where an application for a design patent for which color protection is sought at the same time, one color and one black and white picture or photograph shall be submitted.

The applicant shall submit relevant views or photographs of the contents of each design product that need to be protected, so as to clearly show the object of protection requested.

Article 28 Where an application for a patent for design is filed, a brief description of the design shall be stated when necessary.

The brief description of the design shall indicate the main creative part of the product using the design, the requested color protection, the omission of the view, etc. The brief description shall not use commercial advertising terms, nor shall it be used to describe the performance and use of the product.

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 shall not be submitted as samples or models.

Article 30 The term "existing technology" as mentioned in paragraph 3 of Article 22 of the Patent Law refers to the technology that has been publicly published in publications at home and abroad, publicly used in the country or made known to the public by other means before the date of application, that is, prior art.

Article 31 The academic or technical conference mentioned 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.

Where an application for a patent falls under the circumstances listed in subparagraph 1 or subparagraph 2 of Article 24 of the Patent Law, the applicant shall make a declaration at the time of filing the patent application, and submit, within two months from the date of filing, documents 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 listed in paragraph 3 of Article 24 of the Patent Law, the Patent Office may, when it deems necessary, request the applicant to submit supporting documents.

Article 32 Where an applicant goes through the procedures for claiming priority in accordance with the provisions of Article 30 of the Patent Law, it shall specify in a written declaration the filing date, application number and the country in which the application was first filed (hereinafter referred to as the earlier application); If the written declaration does not indicate the date of filing of the earlier application and the country in which the application was accepted, the declaration shall be deemed not to have been made.

Where a foreign priority is claimed, the copy of the prior application documents submitted by the applicant shall be certified by the accepting authority of the country; Where national priority is claimed, copies of the earlier application documents submitted by the applicant shall be made by the Patent Office.

Article 33. In an application for a patent, an applicant may claim one or more priorities; Where multiple priorities are claimed, the priority period of the application shall be counted from the earliest priority date.

Where the applicant claims national priority, if the earlier application is an application for a patent for invention, it may file an application for a patent for invention or utility model on the same subject matter; If the earlier application is a utility model patent application, an application for a utility model or invention patent may be filed on the same subject matter. However, when a later claim is made, any of the following circumstances in the earlier application may not be used as a basis for claiming national priority:

(1) Having claimed foreign or domestic priority;

(2) Where the patent right has been approved for grant;

(3) It is a sub-case application filed in accordance with the provisions.

Where the applicant claims national priority, the earlier application shall be deemed withdrawn as of the date on which the later application was filed.

Article 34 Where an applicant has no habitual residence or business establishment in China applies for a patent or claims foreign priority, the Patent Office may, when it deems it necessary, require him to provide the following documents:

(1) Nationality certificate;

(2) If the applicant is an enterprise or other organization, the certificate of the location of its business office or headquarters;

(3) Documents certifying that the country to which the foreigner, foreign enterprise or other foreign organization belongs recognizes that Chinese citizens and units may enjoy patent rights, priority 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, two or more inventions or utility models that may be submitted as part of a single patent application and belong to a single general invention idea shall be technically interrelated and contain one or more identical or corresponding specific technical features. The specific technical characteristics refer to the technical characteristics that each invention or utility model contributes to the existing technology when considered as a whole. The claims for two or more patent applications for invention that conform to the provisions of the preceding paragraph may be one of the following:

(1) independent claims of the same kind for two or more products or methods that cannot be included in one claim;

(b) 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;

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

(e) independent claims of the product, the method specifically used to manufacture the product and the equipment specifically designed to carry out the method;

(f) independent claims of the method and equipment specifically designed for the implementation of the method.

A claim for two or more utility model patent applications that comply with the provisions of paragraph 1 of this Article may be an independent claim for two or more products that cannot be included in one claim.

Article 36 The term "same class" as mentioned in paragraph 2 of Article 31 of the Patent Law means that the product belongs to the same subclass in the classification table; Sale or use in sets means that all products have the same design idea and are traditionally sold and used at the same time.

Where two or more designs are filed as one application in accordance with the provisions of Article 31, paragraph 2, of the Patent Law, the sequential number of each design shall be marked before the name of the view 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 In any of the following circumstances, the personnel conducting the examination and hearing in the proceedings of preliminary examination, substantive examination, review, revocation or invalidation shall withdraw themselves, and the parties or other interested parties may request them to withdraw:

(1) he is a near relative of the party concerned or his agent;

(2) having an interest in the patent application or patent right;

(3) having other relationships with the parties or their agents, which may affect the impartial examination and hearing.

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.

The withdrawal of the examining and hearing personnel shall be decided by the Patent Office.

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 a patent application document contains any of the following circumstances, the Patent Office shall not accept it and shall notify the applicant:

(1) Where the application for a patent for invention or utility model lacks a request, description (without drawings attached to a utility model) and a claim, or the application for a patent for design lacks a request, pictures or photographs;

(2) Where the Chinese language is not used;

(3) Does not comply with the provisions of paragraph 1 of Article 94 of these Rules;

(4) The request lacks the name or address of the applicant;

(5) Manifestly inconsistent with the provisions of Article 18 or paragraph 1 of Article 19 of the Patent Law;

(6) Where the category of the patent application (invention, utility model or design) is unclear or unascertainable.

Article 41 Where a description of the appended drawings is written in the specification, but there is no or part of the appended drawings, the applicant shall, within the time limit designated by the Patent Office, submit a supplementary drawing or make a declaration to cancel the description of the appended drawings. 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 the attached drawing is deleted, the original application date shall be retained.

Article 42 Where an application for a patent includes two or more inventions, utility models or designs, the applicant may file a divisional application with the Patent Office before the Patent Office issues the notice of grant of the patent right.

Where the Patent Office considers that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Article 35 of these Rules, it shall notify the applicant to amend the application within a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to have been withdrawn.

A subdivision application shall not change the class of the original application.

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

A sub-case application shall go through various procedures in accordance with the provisions of the Patent Law and these Rules.

The application number and application date of the original application shall be clearly stated in the request for a division application. When submitting a division application, the applicant shall submit a copy of the original application documents; Where the original application enjoys the right of priority, a copy of the priority documents of the original application shall be submitted.

Article 44 The term "preliminary examination" as mentioned in Articles 34 and 40 of the Patent Law means examining whether an application for a patent contains the documents provided for in Articles 26 or 27 of the Patent Law and other necessary documents, and whether these documents are in the prescribed form; And include a review of the following:

(1) whether the application for a patent for invention clearly falls within the provisions of Articles 5 or 25 of the Patent Law, or is not in conformity with the provisions of Articles 18 or 19, paragraph 1, of the Patent Law, or Article 31, paragraph 1, or 33, of the Patent Law, or Article 2, paragraph 1, of these Rules;

(2) whether the application for a utility model patent clearly falls within the provisions of Articles 5 and 25 of the Patent Law, or does not comply with the provisions of Articles 18 and 19, paragraph 1, of the Patent Law, or clearly does not comply with the provisions of Article 31, paragraph 1, Article 33 of the Patent Law, Article 2, paragraph 1 of Article 12, and Articles 18 to 23 of these Rules, Or the patent right cannot be obtained in accordance with Article 9 of the Patent Law;

(3) whether the application for a patent for design clearly falls within the provisions of Article 5 of the Patent Law, or does not comply with the provisions of Article 18, paragraph 1 of Article 19 of the Patent Law, or clearly does not comply with the provisions of Article 31, paragraph 2, or Article 33 of the Patent Law, or Article 2, paragraph 3, or Article 12, paragraph 1 of these Rules, Or failing to obtain a patent right in accordance with Article 9 of the Patent Law.

The Patent Office shall notify the applicant of its examination opinions and require it to state its opinions or make corrections within a specified time limit. If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. Where, after the applicant has stated his comments or made corrections, the Patent Office still considers that the provisions set out in the preceding paragraph are not met, it shall reject them.

Article 45 In addition to the patent application documents, other documents submitted to the Patent Office by the applicant in connection with the patent application shall be deemed not to have been filed under any of the following circumstances:

(1) failing to use the prescribed form or filling in a form that does not conform to the provisions;

(2) failing to submit certification materials as required.

The Patent Office shall notify the applicant of the opinion deemed unsubmitted.

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 the application for a patent for invention to the date of the announcement of the grant of the patent right, any person may submit his opinions to the Patent Office and state the reasons for any patent application that does not conform to the provisions of the Patent Law.

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, when filing a request for substantive examination or making a reply to the opinion of the Patent Office on the first substantive examination, voluntarily propose amendment to the application for a patent for invention.

The applicant for a patent for utility model or design may, within three months from the date of filing, voluntarily propose to amend the application for a patent for utility model or design.

Article 52 The modified part of the description or claim of an application for a patent for invention or utility model, except for the modification or addition or deletion of individual words, shall be submitted with replacement pages in accordance with the prescribed format. Any modification of a picture or photograph of an application for a patent for design shall be submitted to a replacement page in accordance with the provisions.

Article 53 In accordance with the Patent Law and these Rules, the circumstances under which an application for a patent for invention shall be rejected upon examination of substance shall mean:

(1) The application does not comply with the provisions of paragraph 1 of Article 2 of these Rules;

(2) Where the application falls within the provisions of Article 5 or 25 of the Patent Law, or where the application is not in conformity with Article 22 of the Patent Law or the provisions of Article 12, paragraph 1, of these Rules, or where the patent right cannot be obtained in accordance with Article 9 of the Patent Law;

(3) The application does not comply with the provisions of the third or fourth paragraphs of Article 26 or the first paragraph of Article 31 of the Patent Law;

(4) The application for amendment or division of the case exceeds the scope of the original specification and claims.

Article 54. After the Patent Office has issued a notice granting the patent right, the applicant shall complete the registration formalities within two months from the date of receipt of the notice. Where the applicant has completed the registration formalities on time, the Patent Office shall grant the patent right, issue the patent certificate, and announce it. The patent right shall become effective as of the date of issuance of the patent certificate.

Where the registration formalities have not been completed at the expiration of the time limit, the right to obtain the patent right shall be deemed to have been abandoned.

Article 55. In accordance with Article 41 of the Patent Law, the reasons for revocation of a patent right announced by the Patent Office shall include:

(1) The invention or utility model for which a patent right is granted does not conform to Article 22 of the Patent Law;

(2) Where the design for which the patent right is granted does not conform to the provisions of Article 23 of the Patent Law.

Article 56 Where a person requests the Patent Office to revoke a patent right in accordance with the provisions of Article 41 of the Patent Law, he shall submit the request for revocation of the patent right and the relevant documents in duplicate, stating the facts and reasons on which the request is based.

Before the Patent Office makes a decision on the request for revocation of the patent right, the applicant for revocation of the patent right may withdraw his request.

Article 57. Upon receipt of the request for revocation of the patent right, the Patent Office shall examine it. Where the request for revocation of the patent right does not conform to the provisions, it shall notify the claimant for revocation of the patent right to make amends within a specified time limit; Where no rectification is made at the expiration of the time limit, the request for revocation of the patent right shall be deemed not to have been made.

Where the application for revocation of the patent right does not indicate the facts and reasons on which the patent right is revocation, or the reasons given are not in conformity with the provisions of Article 55 of these Rules, the Patent Office shall not accept the application.

The Patent Office shall send a copy of the request for revocation of the patent right and a copy of the relevant documents to the patentee and require him to state his opinions within a specified time limit. The patentee may amend the patent document, but shall not extend the scope of protection of the original patent. Where no reply has been made within the time limit, the examination by the Patent Office shall not be affected.

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

Article 59 Where a request for reexamination is made to the Patent Reexamination Board in accordance with the provisions of paragraph 1 of Article 43 of the Patent Law, a request for reexamination shall be submitted, stating the reasons and accompanied by relevant supporting documents. The request and supporting documents shall be made in duplicate.

The applicant or the patentee may, when requesting reexamination, amend the rejected patent application or the revoked patent document, but the amendment shall be limited to the part involved in the decision to reject the application or the decision to revoke the patent right.

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 at the expiration of the time limit, the request for review shall be deemed not to have been made.

Article 61 The Patent Reexamination Board shall transmit the application for reexamination it has received to the original examination department of the Patent Office for examination. Where, at the request of the applicant for reexamination, the original examination department agrees to revoke the original decision, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the applicant for reexamination.

Article 62 Where, after making a reexamination, the Patent Reexamination Board considers 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 no reply is given at the expiration of the time limit, the 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 before the Patent Reexamination Board makes a decision.

Article 64 The Patent Office may correct any obvious error in the name, abstract or request of an invention-creation in the patent application and notify the applicant thereof.

The Patent Office shall, upon discovery of any errors in the patent gazette or issued documents, promptly correct them.

Chapter IV Invalidation of patent right

Article 65 Where, in accordance with the provisions of Article 48 of the Patent Law, a request for invalidation or partial invalidation of the patent right is requested, the request for invalidation of the patent right and the relevant documents shall be submitted to the Patent Reexamination Board in duplicate, stating the facts and reasons on which it is based.

Before the Patent Reexamination Board makes a decision on the request for invalidation, the person making the request for invalidation may withdraw his request.

Article 66 Where the request for invalidation of the patent right does not conform to the prescribed format, the person requesting the invalidation shall make corrections within the time limit specified by the Patent Reexamination Board. If no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made.

The reason for the request for invalidation means that the invention-creation granted for which the patent right is granted does not comply with the provisions of Article 22, 23, the third, fourth or 33rd paragraphs of Article 26 of the Patent Law, or paragraph 1 of Article 2 or 12 of these Rules, or falls within the provisions of Article 5 or 25 of the Patent Law, Or failing to obtain a patent right in accordance with Article 9 of the Patent Law.

Where the facts and reasons on which the request for invalidation of the patent right is based are not stated in the request for invalidation or the reasons given are not in conformity with the provisions of paragraph 2 of this Article, or where the request for invalidation is requested before the decision on the request for invalidation has been made, or where the decision on the request for invalidation or the request for invalidation has been made on the same facts and reasons, The Patent Reexamination Board shall not accept it.

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. The patentee may amend the patent document, but may not extend the scope of the original patent protection. Where no reply has been made within the time limit, the examination by the Patent Reexamination Board shall not be affected.

Chapter V Compulsory license for Exploitation of patent

Article 68 After the expiration of three years from the date on which the patent right is granted, any entity may, in accordance with the provisions of Article 51 of the Patent Law, request the Patent Office to grant a compulsory license.

Where a compulsory license is requested, a request for a compulsory license shall be submitted to the Patent Office, stating the reasons and accompanied by the relevant supporting documents in duplicate.

The Patent Office shall send a copy of the request for compulsory license to the patentee, who shall state his or her views within the time limit specified by the Patent Office. Where no reply has been made within the time limit, the decision on compulsory licensing by the Patent Office shall not be affected.

In the event of a state of emergency or extraordinary circumstances, or in the case of non-commercial use for public purposes, the Patent Office may grant a compulsory license.

The decision made by the Patent Office to grant a compulsory license for exploitation shall specify the scope and time of exploitation on the basis of the reasons for the compulsory license, and limit the exploitation of the compulsory license mainly to supply the needs of the domestic market.

The decision made by the Patent Office granting a compulsory license for exploitation shall be notified to the patentee as soon as possible, and shall be registered and announced. When the grounds for a compulsory license are eliminated or no longer occur, the Patent Office may, at the request of the patentee, examine the situation and terminate the compulsory license.

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, accompanied by supporting documents showing that the two parties cannot reach an agreement. The Patent Office shall, within three months from the date of receipt of the request, make its decision and notify the party concerned.

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.

An enterprise unit may include the bonus paid to the inventor or designer in its costs, and an institution may deduct it from its operating expenses.

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, for 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 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 collected as remuneration to the inventor or designer.

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 the Patent Law and these Rules means the patent administration authority established by the relevant competent department under The State Council or the local people's government.

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 to deal with the matter or may directly bring an action before a people's court. When handling the matter, the patent administration authority shall have the right 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.

Where the inventor or creator and the entity to which he belongs dispute whether his invention-creation is a service invention-creation or whether he has filed a patent application, or the owner or holder of a patent right fails to pay the inventor or creator of a service invention-creation a bonus or remuneration according to law, The inventor or designer may request the competent authority at a higher level or the patent administration authority where the unit is located to handle the matter.

The limitation period for requesting the patent administration authority to settle a patent dispute shall be two years, counted from the date on which the patentee or an interested party becomes aware of or should become aware of the dispute.

Article 78 Where, in accordance with the provisions of paragraph 2 of Article 63 of the Patent Law, a non-patented product is passed off as a patented product or a non-patented process is passed off as a patented process, the patent administration authority may, depending on the circumstances, order the act of passing off as a patented product, eliminate the impact, and impose a fine ranging from 1,000 yuan to 50,000 yuan or one to three times the amount of the illegal income.

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 place 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 and inheritance of patent right;

(3) revocation or invalidation of the patent right;

(4) termination of the patent right;

(5) restoration of the patent right;

(6) compulsory license for exploitation of the patent;

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

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

(1) The description of the patent application;

(2) A summary of the description of the invention or utility model, pictures or photographs of the design and a brief description thereof;

(3) the request for substantive examination of an application for a patent for invention and the decision of the Patent Office to conduct its own substantive examination of the application for a patent for invention;

(4) Declassification of confidential patents;

(5) Rejection, withdrawal or deemed withdrawal of an application for a patent for invention after publication;

(6) Transfer and inheritance of the patent application right after the publication of the application for a patent for invention;

(7) Grant of patent right;

(8) Revocation or invalidation of the patent right;

(9) Termination of the patent right;

(10) Assignment and inheritance of patent right;

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

(12) Restoration of a patent application or patent right;

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

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

(15) Other relevant matters.

The specification of the invention or utility model and its accompanying drawings and claims 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:

(1) Application fee and application maintenance fee;

(2) Examination fees and review fees;

(3) Annual fees;

(4) Fees for changes in bibliocontents, fees for priority claims, fees for restoration of rights, fees for cancellation of claims, fees for invalidation claims, fees for compulsory license requests, fees for adjudication of compulsory license royalties, patent registration fees and prescribed surcharges.

The amounts of the fees listed in the preceding paragraph shall be separately prescribed by the relevant competent department under The State Council jointly with the Patent Office.

Article 83 The fees provided for in the Patent Law and these Detailed Rules may be paid directly to the Patent Office, or remitted by post office or bank, but no telegraphic transfer shall be used.

Where payment is made by post or bank, the application number or patent number, the name of the applicant or the patentee, the name of the fee and the name of the invention-creation shall be indicated.

If the payment is made by post office or bank, the date of remittance shall be the payment date. However, if more than 15 days have elapsed from the date of remittance to the date of receipt by the Patent Office, the date of receipt by the Patent Office shall be regarded as the payment date, unless a certificate is issued by a post office or bank.

Those who do not comply with the provisions of paragraph 2 of this article shall be deemed to have not gone through the payment procedures.

Where the patent fee is overpaid, repaid or wrongly paid, the party may file a request for refund with the Patent Office, but the request shall be made within one year from the date of payment.

Article 84 The applicant shall, after receiving the notice of acceptance, pay the application fee at the latest within two months from the date of 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.

Where an applicant claims the right of priority, it shall pay the right of priority claim fee along with the application fee; Where the payment has not been made or has not been made in full at the expiration of the time limit, the right of priority shall be deemed not to be claimed.

Article 85 Where a party requests substantive examination, restoration of rights or reexamination, or requests revocation of a patent right, it shall pay the fee within the relevant time limit prescribed in the Patent Law and these Rules. If the payment has not been made or has not been made in full at the expiration of the time limit, it shall be deemed that no request has been made.

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 When going through the registration formalities, the applicant shall pay the patent registration fee and the annual fee for the year in which the patent right is granted. Where the application maintenance fee has been paid in the year in which the patent right is granted, the annual fee for that year shall no longer be paid. Those who fail to pay the fees at the expiration of the time limit shall be deemed to have not gone through the registration formalities. 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 maintenance fee of the application or the annual fee after the year in which the patent right is granted, or the amount paid is insufficient, the Patent Office shall notify the applicant to pay the maintenance fee of the application or the annual fee within six months from the date on which the maintenance fee of the application or the annual fee should be paid, and the amount shall be a late fee of 25% of the maintenance fee of the application or the 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 Fees for changes in bibliography, fees for compulsory license requests, fees for adjudication of compulsory license royalties, and fees for invalidation requests shall be paid in accordance with relevant provisions within one month from the date of making the request; If the payment has not been made or has not been made in full at the expiration of the time limit, it shall be deemed that no request has been made.

Article 90 Any person who, in applying for a patent or going through other procedures, has difficulty in paying the fees provided for in Article 82 of these Rules may, in accordance with the relevant provisions, file a request to the Patent Office for reduction or suspension of the 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 reproduce the case file and patent register of a patent application that has been published or announced. Any person may request a copy of the patent register from the Patent Office.

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 two years from the date of the expiration of the patent application.

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

Article 92 An application document shall be submitted to the Patent Office or the various formalities shall be completed in a uniform form formulated by the Patent Office, and shall be signed or sealed by the applicant, the patentee, any other interested person or his representative. Where a patent agency is entrusted, it shall be sealed by the patent agency.

Where a request is made to change the name of the inventor, the name of the applicant for a patent or the name of the patentee, the nationality and address, the name of the patent agency and the name of the agent, the Patent Office shall go through the formalities for changing the particulars of the description and shall be accompanied by supporting materials for the reason for the change.

Article 93 Documents relating to an application or patent right shall be mailed to the Patent Office by registered mail, and parcels shall not be used.

The application number or patent number, the name of the invention-creation and the name of the applicant or the patentee shall be indicated when submitting various documents to the Patent Office and going through various formalities, except for the initial filing of the application documents.

One letter should contain only documents relating to the same application.

Article 94 Application documents of all kinds shall be typed or printed in black handwriting, neat and clear, and shall not be altered. Drawings shall be drawn with drawing tools and black ink, lines shall be uniform and clear, and shall not be altered.

Requests, specifications, claims, drawings and abstracts shall be numbered in Arabic numerals respectively.

The text of the application documents shall be written horizontally. Paper should be used on one side only.

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

Article 96 These Rules shall enter into force as of January 1, 1993.

Any patent application filed before the implementation of these Rules and any patent right granted pursuant to such application, Applicable basis Decision on Amending the Patent Law of the People's Republic of China adopted at the 27th Meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1992, the provisions of the Patent Law before the amendment and the corresponding provisions of the Implementation Rules of the Patent Law of the People's Republic of China approved by The State Council on January 19, 1985 and issued by the Patent Office of the People's Republic of China on January 19, 1985. However, where an application for a patent has not been published in accordance with the provisions of Articles 39 and 40 of the Patent Law before the amendment is made before the implementation of these Rules, the procedures for approval of the patent application and revocation or invalidation of the patent right shall apply to the provisions of Articles 39 to 44 and 48 of the revised Patent Law and the corresponding provisions of these Rules.