The State Council has decided to make the following amendments to the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC):
First, delete Article 2.
2. Article 7 is renumbered as Article 6, and one paragraph is added as the third paragraph: "If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and go through the corresponding procedures that should be handled before losing the rights; Those who request the restoration of rights in accordance with the provisions of the second paragraph of this article shall also pay the request fee for the restoration of rights. "
3. Article 8 is renumbered as Article 7 and amended as: "Where a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and examined by the national defense patent institution; Where the patent application accepted by the patent administrative department of the State Council involves national defense interests and needs to be kept confidential, it shall be handed over to the national defense patent institution for examination in time. If the national defense patent agency finds no reasons for rejection after examination, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
"Where the administrative department for patent in the State Council considers that the accepted application for a patent for invention or utility model involves vital interests other than national security or national defense interests and needs to be kept confidential, it shall promptly make a decision on handling it according to the confidential patent application and notify the applicant. The special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be formulated by the patent administration department of the State Council. "
One article is added as Article 8: "The invention or utility model completed in China as mentioned in Article 20 of the Patent Law refers to the invention or utility model completed in China with substantial contents of the technical scheme.
"Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall request the patent administration department of the State Council to conduct a confidentiality review in one of the following ways:
"(a) to apply for a patent directly to a foreign country or to submit an international application for a patent to a relevant foreign institution, it shall make a request to the patent administration department of the State Council in advance and explain its technical scheme in detail;
"(2) Where, after applying for a patent to the patent administration department in the State Council, it intends to apply for a patent in a foreign country or submit an international application for a patent to a foreign institution, it shall make a request to the patent administration department in the State Council before applying for a patent in a foreign country or submitting an international application for a patent to a foreign institution.
Where an international patent application is submitted to the patent administration department of the State Council, it shall be deemed that a request for confidentiality review has been made at the same time.
5. One article is added as Article 9: "After receiving the request submitted in accordance with Article 8 of these Rules, the patent administration department in the State Council considers that the invention or utility model may involve national security or vital interests and needs to be kept confidential, it shall promptly issue a notice of confidentiality review to the applicant; If the applicant fails to receive the notice of confidentiality review within 4 months from the date of submission of his request, he may apply for a patent for invention or utility model abroad, or submit an international patent application to the relevant foreign institutions.
"Where the patent administrative department of the State Council notifies the confidentiality review in accordance with the provisions of the preceding paragraph, it shall make a decision on whether it is necessary to keep it confidential in time and notify the applicant. If the applicant has not received the decision to request confidentiality within 6 months from the date of filing the request, he may apply for the invention or utility model patent abroad or file an international patent application with the relevant foreign institutions. "
6. Article 11 is renumbered as Article 12, and item (3) of the first paragraph is amended as: "Inventions and creations related to the work undertaken by myself in the original unit or the tasks assigned by the original unit within 1 year after retirement, transfer from the original unit or termination of labor and personnel relations."
Seven, thirteenth to forty-first, amended as: "two or more applicants on the same day (refers to the date of application; Where there is priority, it refers to the priority date), where an application for a patent for the same invention-creation is filed, the applicant shall be determined through consultation after receiving the notice from the patent administration department of the State Council.
"Where the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day (referring to the date of application), it shall be clearly stated at the time of application that another patent has been applied for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation.
"The patent administrative department of the State Council shall announce that the applicant has applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
"After examination, the application for a patent for invention found no reason for rejection, the administrative department for patent in the State Council shall notify the applicant to give up the patent right for utility model within the prescribed time limit. If the applicant gives up, the patent administration department in the State Council shall make a decision to grant the patent right for invention, and announce the statement of the applicant giving up the patent right for utility model together with the announcement of granting the patent right for invention. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the application for a patent for invention; If the applicant fails to reply within the time limit, it shall be deemed to have withdrawn the application for a patent for invention.
"The patent right for utility model shall be terminated as of the date of announcement of the patent right for invention."
Eight, delete fourteenth.
9. Article 15 is renumbered as Article 14, and one paragraph is added as the third paragraph: "Where the patent right is pledged, the pledgor and pledgee shall register the pledge with the patent administration department of the State Council."
10. Article 17 is changed to Article 16 and amended as: "The request for an application for a patent for invention, utility model or design shall specify the following items:
"(1) the name of the invention, utility model or design;
"(two) the applicant is a unit or individual in China, its name, address, postal code, organization code or identity card number; If the applicant is a foreigner, foreign enterprise or other foreign organization, its name, nationality or registered country or region;
"(3) the name of the inventor or designer;
"(4) Where the applicant entrusts a patent agency, the name and agency code of the entrusted agency and the name, practice license number and contact telephone number of the patent agent designated by the agency;
"(5) Where priority is claimed, the filing date, application number and the name of the original accepting authority of the first patent application filed by the applicant (hereinafter referred to as the earlier application);
"(6) The signature or seal of the applicant or patent agency;
"(7) List of application documents;
"(8) List of additional documents;
"(9) Other relevant matters that need to be stipulated."
1 1. Article 18 is renumbered as Article 17, and one paragraph is added as paragraph 5: "The description of an application for a patent for utility model shall be accompanied by drawings showing the shape, structure or combination of the product to be protected."
12. One article is added as Article 26: "The term" genetic resources "as mentioned in the Patent Law refers to substances such as human body, animals, plants or microorganisms that contain genetic functional units and have actual or potential value; The invention-creation completed by relying on genetic resources as mentioned in the Patent Law refers to the invention-creation completed by using the genetic function of genetic resources.
Where an applicant applies for a patent for an invention-creation completed by relying on genetic resources, it shall explain it in the request and fill in the form formulated by the patent administration department of the State Council.
Thirteen, delete the first paragraph of article twenty-seventh.
Fourteen Article 28 is amended as: "The design specification shall specify the name and purpose of the designed product, the design points of the design, and the pictures or photographs that best represent the design points. If the view is omitted or color protection is required, it should be explained in the brief description.
"To apply for a design patent for a number of similar designs of the same product, one of them shall be designated as the basic design in the brief description.
The brief description shall not use commercial advertising language, nor shall it be used to explain the performance of the product.
Fifteen, delete thirtieth.
16. article 31 is renumbered as article 30, and one paragraph is added as the first paragraph: "the international exhibition recognized by the government of China as mentioned in item (1) of article 24 of the patent law refers to the international exhibition registered or recognized by the international exhibition bureau as stipulated in the convention on international exhibitions."
Article 32 is renumbered as Article 31 and amended as: "Where an applicant claims foreign priority in accordance with Article 30 of the Patent Law, the copy of the earlier application documents submitted by him shall be certified by the original accepting institution. According to the agreement signed between the patent administrative department of the State Council and the accepting institution, if the patent administrative department of the State Council obtains a copy of the earlier application documents through electronic exchange, it shall be deemed that the applicant has submitted a copy of the earlier application documents certified by the accepting institution. Where domestic priority is claimed, if the application date and application number of the earlier application are stated in the request, it shall be deemed that the applicant has submitted a copy of the earlier application documents.
"Where priority is claimed, but one or two contents of the application date, application number and the name of the original accepting institution of the earlier application are omitted or incorrectly stated in the request, the patent administration department of the State Council shall notify the applicant to make corrections within the specified time limit; If no correction is made within the time limit, it shall be deemed that priority has not been claimed.
"Where the name of the applicant claiming priority is inconsistent with the name of the applicant recorded in the copy of the earlier application documents, a certificate of priority transfer shall be submitted. If the certificate is not submitted, it shall be deemed that the priority has not been claimed.
Where the applicant for an application for a patent for design claims foreign priority, the prior application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with the provisions of Article 28 of these Rules does not exceed the scope shown in the pictures or photographs in the prior application documents, it shall not affect its priority.
18. Article 36 is changed to Article 35 and amended as: "In accordance with the provisions of Paragraph 2 of Article 31 of the Patent Law, where multiple similar designs of the same product are filed as one application, the other designs of the product shall be similar to the basic design in the brief description. The number of similar designs in an application for a patent for design shall not exceed 10.
"The term" two or more designs of products of the same category sold or used in complete sets "as mentioned in the second paragraph of Article 31 of the Patent Law means that all products belong to the same category in the classification table and are customarily sold or used at the same time, and the designs of all products have the same design concept.
Where two or more designs are filed as one application, the serial number of each design shall be indicated before the name of each picture or photograph of each design product.
19. Paragraph 1 of Article 44 is amended as: "The term" preliminary examination "as mentioned in Articles 34 and 40 of the Patent Law refers to examining whether the patent application has the documents and other necessary documents specified in Article 26 or 27 of the Patent Law and whether these documents conform to the prescribed format, and examining the following matters:
"(1) Whether the application for a patent for invention clearly falls under the circumstances specified in Articles 5 and 25 of the Patent Law, and whether it does not conform to the provisions of Articles 18, 19, paragraph 1, and 20 of the Patent Law or Article 2, paragraph 2, Article 26, paragraph 5, Article 31, paragraph 1, Article 33 or Articles 17 to 21 of these Rules;
"(2) Whether the application for a patent for utility model obviously falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, whether it does not conform to the provisions of Articles 18, 19, paragraph 1 and 20 of the Patent Law or Articles 16 to 19 and 21 to 23 of these Rules, and whether it obviously does not conform to the provisions of Article 2, paragraph 3, Article 22, paragraph 4 and Article 26, paragraph 3 and paragraph 4 of the Patent Law.
"(3) whether the application for a patent for design obviously falls under the circumstances specified in Article 5 and Item (6) of Paragraph 1 of Article 25 of the Patent Law, whether it does not conform to the provisions of Article 18 and Paragraph 1 of Article 19 of the Patent Law or Articles 16, 27 and 28 of these Detailed Rules, and whether it obviously does not conform to Paragraph 4 of Article 2, Paragraph 1 of Article 23, Paragraph 2 of Article 27, Paragraph 2 of Article 31 and Article 33 of the Patent Law.
(four) whether the application documents comply with the provisions of the first paragraph of Article 2 and Article 3 of these Rules.
20. One article is added as Article 55: "If the application for a confidential patent is not found to be rejected after examination, the patent administration department of the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate and register the relevant matters of the confidential patent right."
Article 55 is renumbered as Article 56 and amended as: "After the announcement of the decision to grant the patent right for utility model or design, the patentee or interested party specified in Article 60 of the Patent Law may request the patent administration department of the State Council to make a patent evaluation report.
"Where a patent evaluation report is requested, a request for a patent evaluation report shall be submitted, and the patent number shall be indicated. Each request shall be limited to one patent right.
"If the request for patent evaluation report is not in conformity with the provisions, the administrative department for patent in the State Council shall notify the claimant to make corrections within the specified time limit; If the requester fails to make corrections within the time limit, it shall be deemed that he has not made a request. "
Twenty-two, Article 56 is changed to Article 57 and amended as: "The patent administrative department of the State Council shall make a patent evaluation report within 2 months after receiving the request for patent evaluation report. For the same utility model or design patent right, if multiple obligees request to make a patent evaluation report, the patent administrative department of the State Council will only make a patent evaluation report. Any unit or individual can consult or copy the patent evaluation report. "
23. Article 59 is renumbered as Article 60, and one paragraph is added as the second paragraph: "If the request for reexamination does not conform to the provisions of Article 19, paragraph 1, or Article 41, paragraph 1 of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the petitioner in writing and explain the reasons."
Article 71 is renumbered as Article 72, and the second paragraph is amended as: "Before the Patent Reexamination Board makes a decision, if the applicant for invalidation withdraws his request or his request for invalidation is deemed to have been withdrawn, the procedure for examining the request for invalidation shall be terminated. However, if the Patent Reexamination Board considers that it can make a decision to declare the patent right invalid or partially invalid according to the examination work already carried out, the examination procedure will not be terminated. "
25. One article is added as Article 73: "The term" under-exploitation of the patent "as mentioned in Item (1) of Article 48 of the Patent Law means that the patentee and its licensee cannot exploit the patent in a way or scale that meets the domestic demand for patented products or patented methods.
"The patented drugs mentioned in Article 50 of the Patent Law refer to patented products in the medical field needed to solve public health problems or products directly obtained by patented methods, including patented active ingredients needed for manufacturing the products and diagnostic products needed for using the products."
Article 72 is renumbered as Article 74 and amended as: "Anyone who requests a compulsory license shall submit a written request for compulsory license to the patent administration department of the State Council, explaining the reasons and attaching relevant supporting documents.
"The patent administrative department of the State Council shall send a copy of the compulsory license request to the patentee, and the patentee shall state his opinions within the time limit specified by the patent administrative department of the State Council; Failure to reply at the expiration of the time limit shall not affect the decision made by the patent administration department of the State Council.
"Before making a decision to reject the request for compulsory license or grant a compulsory license, the patent administration department in the State Council shall notify the requester and the patentee of the proposed decision and reasons.
The decision made by the patent administration department in the State Council to grant compulsory license in accordance with Article 50 of the Patent Law shall also comply with the provisions of relevant international treaties concluded or acceded to by China on granting compulsory license to solve public health problems, except that China has made reservations.
27. One article is added as Article 76: "The entity that has been granted a patent right may agree with the inventor or designer, or in the rules and regulations formulated according to law, the way and amount of rewards and remuneration stipulated in Article 16 of the Patent Law.
The rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the provisions of the relevant state financial and accounting systems.
Article 74 is renumbered as Article 77 and amended as: "Where there is no agreement between the entity granted the patent right and the inventor or designer, and the rules and regulations formulated according to law do not specify the reward method and amount stipulated in Article 16 of the Patent Law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right. The bonus for an invention patent is at least 3,000 yuan; The minimum bonus for utility model patent or design patent shall not be less than 1000 yuan.
Where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the entity, the entity that has been granted the patent right shall reward it from the superior entity.
29. Article 75 and Article 76 are merged into Article 78, which is amended as: "Where the unit granted a patent right has not agreed with its inventor or designer or the remuneration method and amount stipulated in Article 16 of the Patent Law has not been agreed in its rules and regulations formulated according to law, after the invention-creation patent is implemented within the validity period of the patent right, not less than 2% or not less than 0.2% of the commercial profit from the implementation of the invention or utility model patent shall be extracted as a reward for the inventor or designer every year, or given with reference to the above ratio. If a unit that has been granted a patent right permits other units or individuals to exploit its patent, it shall extract not less than 65,438+00% of the collected royalties as remuneration and pay it to the inventor or designer. "
Thirty, delete seventy-seventh.
Thirty-one paragraphs are added to Article 83 as the second paragraph: "Where the patent mark does not conform to the provisions of the preceding paragraph, the administrative department for patent affairs shall order it to make corrections."
Article 84 and Article 85 are merged into Article 84, which is amended as: "The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
"(1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;
"(2) selling the products mentioned in item (1);
"(3) calling a technology or design that has not been granted a patent right as a patented technology or design in the product specification and other materials, calling a patent application as a patent, or using someone else's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design;
"(4) Forging or altering patent certificates, patent documents or patent application documents;
"(five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right as a patented technology or design.
"Before the termination of the patent right, the patented product, the product directly obtained by the patented method or its packaging is marked with a patent mark according to law, and after the termination of the patent right, it is not an act of counterfeiting patents.
"If you sell a product that you don't know is a counterfeit patent and can prove the legal source of the product, the department in charge of patent affairs shall order you to stop selling it, but you can be exempted from fines."
Article 87 is amended as: "If the people's court decides to take preservation measures for the right to apply for a patent or the patent right in the trial of a civil case, the patent administration department in the State Council shall suspend the relevant procedures for the preserved right to apply for a patent or the patent right on the day of receiving the ruling indicating the application number or patent number and the notice of assistance in execution. If the preservation period expires and the people's court fails to decide to continue to take preservation measures, the patent administration department of the State Council will resume the relevant procedures on its own. "
34. One article is added as Article 88: "The suspension of relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of preliminary examination procedures, substantive examination procedures, review procedures, patent granting procedures and patent invalidation procedures; Procedures for waiver, alteration and transfer of patent right or patent application right, procedures for pledge of patent right and suspension of procedures for termination before the expiration of patent right period. "
Thirty-five, the first paragraph of Article 89 is changed to Article 90, which is amended as: "The patent administration department of the State Council regularly issues patent bulletins, and publishes or announces the following contents:
"(a) the description and specification of the application for a patent for invention;
"(two) the request for substantive examination of the application for a patent for invention and the decision of the patent administration department of the State Council to conduct substantive examination of the application for a patent for invention on its own;
"(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, resumption and transfer of an application for a patent for invention after its publication;
"(4) the grant of the patent right and the description of the patent right;
"(five) the abstract of the description of the patent for invention or utility model and the pictures or photographs of the patent for design;
"(6) Decryption of national defense patents and confidential patents;
"(7) invalidation of the patent right;
"(8) Termination and restoration of the patent right;
"(9) Transfer of patent right;
"(10) Filing of patent licensing contracts;
"(eleven) the pledge, preservation and termination of the patent right;
"(12) granting a compulsory license for patent exploitation;
"(thirteen) the change of the name or address of the patentee;
"(14) service of announcement documents;
"(fifteen) corrections made by the patent administration department of the State Council;
"(16) Other relevant matters."
36. Paragraph 2 of Article 89 is changed to Article 91 and amended as: "The patent administration department in the State Council shall provide patent bulletins, application specifications for invention patents, invention patents, utility model patents and design patents for public access free of charge."
One article is added as Article 92: "The patent administration department of the State Council is responsible for exchanging patent documents with the patent authorities of other countries and regions or regional patent organizations on the principle of reciprocity."
Article 90 is renumbered as Article 93 and amended as: "To apply for a patent and go through other formalities with the patent administration department of the State Council, the following fees shall be paid:
"(1) Application fee, application surcharge, publication and printing fee and priority claim fee;
"(2) the examination fee and reexamination fee for an application for a patent for invention;
"(3) Patent registration fee, announcement printing fee and annual fee;
"(four) the right to recover the request fee and the extension of the request fee;
"(five) the fee for the change of specifications, the fee for the request for patent evaluation report and the fee for the request for invalidation.
The payment standards of the fees listed in the preceding paragraph shall be stipulated by the price management department of the State Council and the financial department in conjunction with the patent administration department of the State Council.
Article 92 is renumbered as Article 95, and the first paragraph is amended as: "The applicant shall pay the application fee, publication and printing fee and necessary application surcharge within 2 months from the date of application or within 05 days from the date of receiving the acceptance notice; If it is not paid or not paid in full, its application shall be deemed to be withdrawn. "
Forty, delete ninety-fourth.
Forty-one, change Article 97 to Article 99, and amend it to read: "The fee for the request for restoration of rights shall be paid within the relevant time limit stipulated in these Rules; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request.
"The extension request fee shall be paid before the expiration of the corresponding period; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request.
"The fee for the change of specifications, the fee for the request for patent evaluation report and the fee for the request for invalidation shall be paid within 0 months from the date of making the request; If it is not paid or not paid at the expiration of the period, it shall be deemed that no request has been made. "
42. Article 98 is renumbered as Article 100 and amended as: "Where the applicant or patentee has difficulty in paying the fees specified in these Rules, he may request the the State Council Patent Administration Department to reduce or postpone the payment according to the regulations. The measures for reducing or postponing payment shall be formulated by the financial department of the State Council in conjunction with the price management department of the State Council and the patent administration department of the State Council. "
43. Part of the contents of Article 101, Article 103 and Paragraph 1 of Article 105 are merged into Article 103, which is amended as: "The applicant for an international application shall, within 30 months from the priority date mentioned in Article 2 of the Patent Cooperation Treaty (this chapter is referred to as the priority date), go through the formalities for entering the national phase of China with the patent administration department of the State Council; If the applicant fails to do so within the time limit, he can go through the formalities of entering the national phase of China within 32 months from the priority date after paying the grace period fee. "
44. Part of the contents of Article 101, Article 103 and Article 105, paragraph 1, are merged into Article 104, which is amended as: "An applicant who goes through the formalities for entering the national phase in China in accordance with Article 103 of these Rules shall meet the following conditions:
"(a) to submit a written statement in Chinese to enter the national phase of China, indicating the international application number and the type of patent right required;
"(2) to pay the application fee and publication and printing fee stipulated in the first paragraph of Article 93 of these Rules, and pay the grace fee stipulated in Article 103 of these Rules when necessary;
"(3) If the international application is filed in a foreign language, the Chinese translation of the description and the claims of the original international application shall be submitted;
"(4) The name of the invention-creation, the name of the applicant, the address and the name of the inventor shall be stated in the written statement of entering the national phase in China, and the above contents shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); If the inventor is not specified in the international application, the name of the inventor shall be specified in the above statement;
"(5) if the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted, and if there are drawings and abstract drawings, the copies of the drawings and abstract drawings shall be submitted, and if there are words in the drawings, the corresponding Chinese characters shall be used instead; If the international application is filed in Chinese, the abstract in the international publication document and the attached copy of the abstract shall be submitted;
"(6) If the applicant has gone through the formalities of change at the international stage, provide the certification materials that the applicant after the change enjoys the right to apply;
"(seven) when necessary, pay the application surcharge stipulated in the first paragraph of article ninety-third of these rules.
"In line with the requirements in Items (1) to (3) of the first paragraph of this article, the patent administration department in the State Council shall give the application number, indicate the date when the international application entered the national phase in China (hereinafter referred to as the entry date), and notify the applicant that the international application has entered the national phase in China.
"Where the international application has entered the national phase in China, but it does not meet the requirements in Items (4) to (7) of the first paragraph of this article, the patent administration department in the State Council shall notify the applicant to make corrections within the specified time limit; If it is not corrected at the expiration of the period, its application shall be deemed to have been withdrawn. "
45. Paragraph 2 of Article 100 is merged with Article 102 as Article 105 and amended as: "An international application shall be terminated in China under any of the following circumstances:
"(a) in the international phase, the international application has been withdrawn or deemed to have been withdrawn, or the designation of China in the international application has been withdrawn;
"(two) the applicant fails to go through the formalities for entering the national phase of China in accordance with the provisions of Article 103 of these Rules within 32 months from the priority date;
"(three) the applicant has gone through the formalities for entering the national phase in China, but it still does not meet the requirements of items (1) to (3) of Article 104 of these Rules after 32 months from the priority date.
"In accordance with the provisions of Item (1) of the preceding paragraph, the validity of the international application in China shall be terminated, and the provisions of Article 6 of these Rules shall not apply; In accordance with the provisions of items (2) and (3) of the preceding paragraph, the international application shall be terminated in China, and the provisions of paragraph 2 of Article 6 of these Rules shall not apply. "
46. Article 104 is renumbered as Article 106 and amended as: "If the international application has been amended in the international phase and the applicant requests to examine it on the basis of the amended application documents, it shall submit a Chinese translation of the amended part within two months from the date of filing. If the Chinese translation is not submitted within this time limit, the the State Council Patent Administration Department will not consider the amendments proposed by the applicant in the international stage. "
47. Article 105 is renumbered as Article 107 and amended as: "Where the invention-creation involved in the international application is under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law and has been declared when the international application is filed, the applicant shall explain it in the written statement of entering the national phase in China, and submit the relevant supporting documents specified in Paragraph 3 of Article 30 of these Rules within two months from the date of entry; If the reasons are not explained or the supporting documents are not submitted within the time limit, the provisions of Article 24 of the Patent Law shall not apply to the application. "
48. One article is added as Article 109: "Where the invention-creation involved in the international application depends on genetic resources, the applicant shall explain it in the written statement of the international application entering the national phase in China, and fill in the form formulated by the patent administration department in the State Council."
Article 107 is renumbered as Article 110, and the second paragraph is amended as: "The applicant shall pay the priority claim fee within 2 months from the date of application; If it is not paid or not paid in full at the expiration of the period, it shall be deemed that priority has not been claimed. "
Delete the fourth paragraph.
50. Article 109 is renumbered as Article 112, and the first paragraph is amended as follows: "For an international application for the patent right for utility model, the applicant may voluntarily propose to amend the patent application documents within two months from the date of application."
5 1. Delete Articles 113th and 114th.
In addition, according to the Decision of the NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC), which was deliberated and adopted by No.65438 on February 27th, 2008, the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) quoted the provisions of the Patent Law of People's Republic of China (PRC), and adjusted the order and words of some articles accordingly.
This decision shall come into force as of February 1 day, 1965.
The Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall be revised according to this decision and re-promulgated.