Revised Interim Measures for Handling Relevant Examination Business of Patent Law
Article 1 As of June 1 20265438 (including that date, the same below), the patent applicant may file a patent application for part of the design of the product to be protected by paper application or off-line electronic application in accordance with the provisions of Paragraph 4 of Article 2 of the Revised Patent Law. China National Intellectual Property Administration will review the above application after the implementation of the newly revised patent law.
Article 2 For a patent application with the filing date of 202 1 and after 1, the applicant may file a request in paper form if he thinks that there are any circumstances stipulated in the first paragraph of Article 24 of the amended Patent Law. China National Intellectual Property Administration will review the above application after the implementation of the newly revised patent law.
Article 3 For an application for a patent for design with the filing date of June +0, 20265438, the applicant may submit a written statement requesting the priority of the patent for design in accordance with the second paragraph of Article 29 of the revised Patent Law. After the implementation of the newly revised Patent Law, China National Intellectual Property Administration will review the above-mentioned applications and earlier designs patent applications as the basis for claiming priority.
Article 4 For a patent application filed after June 1 20265438, the applicant may submit a copy of the first patent application document in accordance with Article 30 of the revised Patent Law.
Article 5 For the invention patent authorized by the announcement on June 1 20265438, the patentee may, in accordance with the provisions of Paragraph 2 of Article 42 of the Revised Patent Law, file a claim for compensation for the patent term in paper form within three months from the date of the announcement of patent authorization, and then pay the relevant fees according to the payment notice issued by China National Intellectual Property Administration. China National Intellectual Property Administration will review the above request after the implementation of the newly revised patent law.
Article 6 Since June 1 20265438, the patentee may, in accordance with the provisions of the third paragraph of Article 42 of the revised Patent Law, file a claim for compensation for the patent term in paper form within three months from the date of approval of the new drug marketing license request, and then pay the relevant fees according to the payment notice issued by China National Intellectual Property Administration. China National Intellectual Property Administration will review the above application after the implementation of the newly revised patent law.
Article 7 As of June 1 20265438, the patentee may voluntarily declare in writing that his patent will be licensed for publication in accordance with the provisions of the first paragraph of Article 50 of the revised Patent Law. China National Intellectual Property Administration will review the above statement after the implementation of the newly revised patent law.
Article 8 From June 1 20265438, the accused infringer may request China National Intellectual Property Administration to issue a paper-based patent evaluation report in accordance with Article 66 of the revised Patent Law.
Article 9 Since 1 June, 20265438, China National Intellectual Property Administration has examined patent applications in the procedures of preliminary examination, substantive examination and re-examination in accordance with the provisions of Paragraph 1 of Article 20 and Paragraph 1 (5) of Article 25 of the Revised Patent Law.
Article 10 The term of protection of the patent right for design before the date of application is 10 years, counting from the date of application.
Article 11 These Measures shall come into force as of June, 20265438 1 day.