NEWS

Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law

Article 1 Starting from June 1, 2021 (inclusive of this date, the same below), a patent applicant may submit a partial design of a product for protection in paper form or electronic form in accordance with Article 2, Paragraph 4 of the Patent Law. patent application.

When applying for a partial design patent, a view of the entire product should be submitted, and the content to be protected should be indicated by a combination of dotted and solid lines or other methods. If the part claimed to be protected contains a three-dimensional shape, the submitted view should include a view that can clearly show the part. Three-dimensional view; if the content to be protected is not indicated by a combination of dashed and solid lines in the view of the overall product, the part for which protection is requested should be stated in the brief description.

Article 2 From the date of implementation of these Measures, for patent applications with a filing date after June 1, 2021, if the applicant believes that the circumstances specified in Paragraph 1 of Article 24 of the Patent Law exist, he or she may file a patent application in paper form or electronically. Make a request in the form. The State Intellectual Property Office will review the above application after the implementation of the newly revised Patent Law Implementing Rules.

Article 3 For design patent applications with a filing date after June 1, 2021, the applicant may submit a written statement requesting domestic priority for the design patent in accordance with Paragraph 2 of Article 29 of the Patent Law.

Applicants for design patents claim priority in their home country. If the earlier application is a design patent application, they can file a design patent application for the same subject; if the previous application is an invention or utility model patent application, they can file a design patent application for the design shown in the drawings. Design patent application on the same subject.

If a design patent applicant claims domestic priority, his or her earlier application will be deemed to have been withdrawn from the date the later application is filed, except where the design patent applicant requires an invention or utility model patent application as the basis for domestic priority.

Article 4 For patent applications with a filing date after June 1, 2021, the applicant may submit a copy of the first patent application document in accordance with Article 30 of the Patent Law.

Article 5 For invention patents that have been announced and authorized since June 1, 2021, the patentee may, in accordance with Article 42, Paragraph 2 of the Patent Law, pass a paper document within three months from the date of announcement of patent authorization. Submit a request for patent term compensation in the form, and then pay the relevant fees in accordance with the payment notice issued by the State Intellectual Property Office. The State Intellectual Property Office will review the above request after the newly revised Implementing Rules of the Patent Law come into effect.

Article 6 Starting from June 1, 2021, the patentee may, in accordance with Article 42, Paragraph 3 of the Patent Law, file a patent application in paper form within three months from the date when the new drug marketing authorization request is approved. If you request compensation within the time limit, you will need to pay relevant fees in accordance with the payment notice issued by the State Intellectual Property Office. The State Intellectual Property Office will review the above request after the newly revised Implementing Rules of the Patent Law come into effect.

Article 7 From the date of implementation of these Measures, the patentee may, in accordance with Article 50, Paragraph 1 of the Patent Law, voluntarily declare in paper form or electronic form an open license for the implementation of its patent. The State Intellectual Property Office will review the above statements submitted after June 1, 2021 after the implementation of the newly revised Patent Law Implementing Rules.

Article 8 From the date of implementation of these Measures, the alleged infringer may request the State Intellectual Property Office to issue a patent right evaluation report in paper form or electronic form in accordance with Article 66 of the Patent Law.

Article 9 Starting from June 1, 2021, the State Intellectual Property Office shall conduct preliminary examination, substantive examination and reexamination in accordance with Article 20, Paragraph 1, and Article 25, Paragraph 1, Item (5) of the Patent Law. Patent applications in the process are reviewed.

Article 10 If an applicant is dissatisfied with the relevant decision made by the State Intellectual Property Office in accordance with these Measures, he may file an administrative reconsideration application, review request or initiate an administrative lawsuit in accordance with the law.

Article 11 The protection period for design patent rights with an application date before May 31, 2021 (inclusive) is ten years, starting from the application date.

Article 12 These Measures will come into effect on January 11, 2023. The "Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law" (State Intellectual Property Office Announcement No. 423) that came into effect on June 1, 2021 will be abolished at the same time.

Interim Measures for Handling Related Business After Joining the Hague Agreement

Article 1 Starting from May 5, 2022, Chinese entities or individuals may, in accordance with the provisions of Article 19, Paragraph 2 of the Patent Law, in accordance with the "Hague Agreement on the International Registration of Industrial Designs" (1999 text) (hereinafter referred to as " Hague Agreement), submit an application for international registration of an industrial design.

Applicants can submit applications for international registration of industrial designs directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau), or can forward applications for international registration of industrial designs submitted in English through the State Intellectual Property Office.

If an application for international registration of industrial designs is forwarded through the State Intellectual Property Office, relevant materials should be submitted in paper form or electronic form that complies with the Hague Agreement and the provisions of the State Intellectual Property Office.

The relevant fees stipulated in the Hague Agreement shall be paid directly by the applicant to the International Bureau.

Article 2 An application for international design registration that has determined the international registration date and designated China in accordance with the Hague Agreement (hereinafter referred to as the international design application) shall be deemed to be a design patent application submitted to the State Intellectual Property Office, and the international registration date shall be regarded as is the filing date referred to in Article 28 of the Patent Law.

Article 3 For international applications for designs, the State Intellectual Property Office shall handle them in accordance with the Patent Law, the Implementing Rules of the Patent Law, the Patent Examination Guidelines and these Measures.

From the date of implementation of these Measures, the State Intellectual Property Office will assign a national application number to an international design application, conduct an examination, and notify the International Bureau of the examination results.

If no reason for rejection is found after examination of the international design application, the State Intellectual Property Office will make a decision to grant protection and notify the International Bureau.

If an international design application is found to be inconsistent with the relevant provisions of the Patent Law and its Implementing Rules upon review, the State Intellectual Property Office will issue a rejection notice to the International Bureau.

Article 4 If the international design application published by the International Bureau includes a description containing the key points of the design, it shall be deemed that a brief description has been submitted in accordance with the regulations.

Article 5 For an international design application, the applicant shall submit statements in Chinese when responding, and English shall be used if the application text is modified.

Article 6 For international applications for industrial designs, the State Intellectual Property Office does not charge priority claiming fees.

If the applicant claims priority and fails to submit a copy of the prior application documents when filing an international design application, he shall submit a copy of the prior application documents to the State Intellectual Property Office within three months from the date of international publication of his application.

If the applicant recorded in the copy of the earlier application document is inconsistent with the applicant who applied later, the applicant shall submit relevant supporting documents to the State Intellectual Property Office within three months from the date of international publication of his or her application.

If the applicant fails to submit copies of the earlier application documents upon expiration of the deadline, or fails to submit relevant supporting documents, it will be deemed that the applicant has not claimed priority. If an international design application is deemed not to have claimed priority, the provisions of Article 6 of the Implementing Regulations of the Patent Law shall not apply.

Article 7 When an applicant for an international design application responds to a rejection notice, files a request for reexamination or handles other patent matters, the applicant shall comply with the provisions of Article 18, Paragraph 1 of the Patent Law, unless otherwise provided for in the Implementing Rules of the Patent Law.

Article 8 An applicant for an international design application may file a divisional application with the State Intellectual Property Office within two months from the date of international publication of the application.

If the applicant files a divisional application in accordance with the examination opinion, it should be submitted within two months from the domestic announcement date of the original application at the latest. After the expiration of the above period, or the original application has been rejected, or the original application is deemed to have been withdrawn and the rights have not been restored, no further divisional application is generally allowed.

Article 9 If the applicant believes that the design involved in the international design application falls under the circumstances listed in Item (2) or (3) of Article 24 of the Patent Law, he shall declare it when filing the international design application and make a Submit relevant supporting documents and explanations to the State Intellectual Property Office within two months from the date of application for international publication. If no declaration is made or no supporting documents are submitted, the provisions of Article 24 of the Patent Law shall not apply to the application.

Article 10 If the applicant pays the fees related to the international application for a design, it shall be paid in full with the national application number or international registration number in accordance with the regulations of the International Bureau and the State Intellectual Property Office. The payment standards for individual designation fees for international design applications are implemented in accordance with the "Announcement of the State Intellectual Property Office on Matters Concerning Annual Fees and Individual Designation Fees for Design Patents".

Article 11 If an applicant for an international design application or patentee requests a change of rights, in addition to completing relevant procedures with the International Bureau, he or she shall also submit supporting documents to the State Intellectual Property Office. If the certification document is in a foreign language, it should be accompanied by a translation of the Chinese bibliography. If no supporting documents are submitted or the supporting documents are unqualified, the State Intellectual Property Office will notify the International Bureau that the change of rights has not taken effect in China.

Article 12 After the announcement of the authorization of the international design application, the applicant of the international design application may request the State Intellectual Property Office to issue a copy of the patent register for the international design application as proof of protection in China.

Article 13 During the review procedure for requesting invalidation of an international design application, documents may be served by mail, fax, email, announcement, etc. to the patentee who does not have a domicile in mainland China. If it is served by announcement, it will be deemed to have been served one month from the date of announcement.

Article 14 If an applicant is dissatisfied with the relevant decision made by the State Intellectual Property Office in accordance with these Measures, he may file an administrative reconsideration application, review request or initiate an administrative lawsuit in accordance with the law.

Article 15 The applicant for an international design application shall make requests in accordance with the provisions of the Hague Agreement, the Patent Law and its Implementing Rules, and the Patent Examination Guidelines when handling other legal procedures and matters other than those stipulated in these Measures.

Article 16 These Measures will come into effect on January 11, 2023. The "Interim Measures for Handling Related Business After Joining the Hague Agreement" (State Intellectual Property Office Announcement No. 481) that came into effect on May 5, 2022 will be abolished at the same time.