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How should the applicant/patentee determine the date of filing for various documents mailed to the State Intellectual Property Office by EMS?
Release Time：
2020-05-19
Source: State Intellectual Property Office Published: 2020-05-19
Q: How should the applicant/patentee determine the delivery date for various documents sent to the State Intellectual Property Office by EMS? How to determine the delivery date for ordinary express delivery?
A: EMS is the English abbreviation of "Express Mail Service", which is a kind of express service provided by China Postal Express & Logistics Company, a wholly-owned subsidiary of China Post Group Corporation. Therefore, EMS is a form of mailing. The Administrative Reconsideration Decision No. 0057 and 0058 of the State Intellectual Property Office of the People's Republic of China held that, according to the provisions of Article 4(1) of the Rules for the Implementation of the Patent Law of the People's Republic of China, the applicant/patentee shall take the postmark date of the documents sent to the State Intellectual Property Office by EMS as the date of filing; if the postmark date is missing or unclear, the State Intellectual Property Office shall take the date of receipt of the documents as the date of filing unless the party concerned is able to provide proof. If the postmark is missing or unclear, unless the party concerned can prove it, the date of receipt by the State Intellectual Property Office shall be the date of submission.
For patent applications submitted to the State Intellectual Property Office through other courier companies, the date of receipt by the State Intellectual Property Office shall be taken as the filing date according to Part V, Chapter 3, Section 2.3.1 of the Patent Examination Guidelines. For other documents submitted to the State Intellectual Property Office through other courier companies, the date of receipt by the State Intellectual Property Office shall be the date of filing with reference to the provisions of Part V, Chapter 3, Section 2.3.1 of the Patent Examination Guidelines.
Relevant cases: State Intellectual Property Office [2020] No. 0057 and 0058.
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