Notice of the State Intellectual Property Office on Adjusting the Handling Methods of Certain Patent Businesses from January 11, 2023-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice of the State Intellectual Property Office on Adjusting the Handling Methods of Certain Patent Businesses from January 11, 2023

Release Time：

2022-12-07

1. Regarding the circumstances when it is clear that an agency should be entrusted. Starting from January 11, 2023, there will be no regular...

In order to further improve the quality and efficiency of patent examination and provide the public with efficient and convenient examination services, the State Intellectual Property Office has decided to make adjustments to some patent business handling methods and examination rules, as follows:

1. Regarding the circumstances when it is clear that an agency should be entrusted

Starting from January 11, 2023，foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in mainland China must entrust a patent agency to apply for a patent alone, or to apply for a patent as a representative. Applications without entrustment will not be accepted.

Individuals, enterprises or other organizations in Hong Kong, Macao or Taiwan that do not have a habitual residence or business office in mainland China should entrust a patent agency to apply for a patent alone, or to apply for a patent as a representative. Applications without a patent agency will not be accepted.

2. Regarding the submission method for administrative reconsideration of patent business

Starting from January 11, 2023，parties (including administrative review applicants and third parties) can submit administrative review applications and various documents in electronic form. Administrative reconsideration applicants can submit administrative reconsideration applications through the "Procedure Processing" module of the patent business processing system. Administrative reconsideration applicants and third parties can submit opinion statements (about administrative reconsideration) and other documents.

3. Regarding the submission method of citing the declaration of accession when the PCT international application enters the national phase in China

Starting from January 11, 2023，if the PCT international application contains items or parts incorporated by reference in the international phase, the applicant shall submit comments when submitting the declaration of entering the national phase of the international application in China when electronically completing the procedures for entering the national phase in China. statement. The statement of opinion should state:

(1) Whether the submitted Chinese translation contains quoted items or parts;

(2) If there is an item or part incorporated by reference, and the request is to amend the filing date relative to China, it should be stated: the item or part incorporated by reference is in the description (page), claims (number), drawings (number) page), and the time when the international phase was filed citing accession.

If the applicant does not request to modify the filing date relative to China when going through the procedures for entering the national phase, the item or part of the application by reference shall not be retained by requesting to modify the filing date relative to China in subsequent procedures.

4. About online payment methods

Starting from January 26, 2023, when parties make online payments, they can use bank cards, WeChat, Alipay or public accounts to pay fees without paying handling fees.

5. Regarding the seal of notifications and decisions in the form of electronic documents

Starting from January 26, 2023, the notices and decisions issued by the State Intellectual Property Office in the form of electronic documents carry electronic seals, and electronic signature services will no longer be provided.

Notice is hereby given.

State Intellectual Property Office

December 7, 2022

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