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How should the receipt date of various notices, decisions or other documents issued by the State Intellectual Property Office to the applicant/patentee in the form of electronic documents be determined?
Release Time：
2020-05-19
Source: State Intellectual Property Administration Release time: 2020-05-19
Question: For electronic patent applications, how should the receipt date of various notices, decisions or other documents issued by the State Intellectual Property Office to the applicant/patentee in the form of electronic documents be determined?
Answer: According to the provisions of Article 9, Paragraph 2 of the "Regulations on Electronic Patent Applications" (Office Order No. 57), for electronic patent applications, the State Intellectual Property Office issues an electronic document to the applicant/patentee Various notifications, decisions or other documents, 15 days from the date of issuance of the document, are presumed to be the date when the applicant/patentee receives the document.
According to Articles 3 and 7 of the "Patent Electronic Application System User Registration Agreement", the issuance records of electronic documents shall be subject to those recorded in the database of the State Intellectual Property Office. If the actual download date of the electronic file is later than the issuance date, it will not affect the State Intellectual Property Office's determination of the issuance date and presumed receipt date of the electronic file. The Guozhi Fuzhuan [2021] Administrative Review Decision No. 0003 holds that if the applicant/patentee fails to use the patent electronic application system in accordance with this agreement, resulting in the inability to correctly and completely receive electronic documents issued by the State Intellectual Property Office, the The applicant/patentee bears the responsibility. If the applicant/patentee claims that the responsibility for his failure to receive the electronic file correctly and completely lies with the State Intellectual Property Office, the applicant/patentee shall bear the burden of proof, explain the reasons to the State Intellectual Property Office, and attach the corresponding Evidence.
Related case: Guozhi Fuzhuan [2021] No. 0003.
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