To apply for a patent in other forms prescribed by the administrative department for patent in the State Council, the prescribed conditions shall be met.
Where the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department of the State Council, it shall also submit a power of attorney, indicating the authorization authority.
If there are more than two applicants who have not entrusted a patent agency, unless otherwise stipulated in the request, the first applicant specified in the request shall be the representative.
Article 16 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;
(2) If the applicant is a unit or individual in China, its name, address, postal code, organization code or ID 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 institution 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 the patent agency;
(7) List of application documents;
(8) List of attached documents;
(nine) other related matters that need to be explained.
Article 17 The description of an application for a patent for invention or utility model shall indicate the name of the invention or utility model, which shall be consistent with the name in the request. The instructions shall include the following contents:
(1) Technical field: indicate the technical field to which the technical scheme to be protected belongs;
(2) Background technology: stating the background technology that is helpful for understanding, searching and examining the invention or utility model; Possibly, and cite the literature reflecting these background technologies;
(3) Content of the invention: state clearly the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and state clearly the beneficial effects of the invention or utility model relative to the existing technology;
(4) Description of drawings: If there are drawings in the specification, a brief description of each drawing shall be given;
(5) Specific mode of implementation: explain in detail the preferred mode of realizing the invention or utility model that the applicant thinks; If necessary, give examples; If there are drawings, refer to the drawings.
The applicant for a patent for invention or utility model shall write the specification in the manner and order specified in the preceding paragraph, and write the title at the front of each part of the specification, unless the nature of the invention or utility model can be written in other ways or order, so as to save the length of the specification and enable others to accurately understand the invention or utility model.
The description of an invention or utility model shall use standardized words and clear sentences, and shall not use quotations such as "as stated in the claims" or commercial propaganda terms.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the specification shall include a list of sequences conforming to the provisions of the patent administration department of the State Council. The applicant shall submit the sequence table as a separate part of the specification, and submit a computer-readable copy of the sequence table in accordance with the provisions of the patent administration department of the State Council.
The specification of an application for a patent for utility model shall have drawings showing the shape, structure or combination of the products to be protected.
Article 18 A plurality of drawings of an invention or utility model shall be numbered in the order of "drawings 1, drawings 2, ...".
Reference symbols not mentioned in the text of the description of the invention or utility model shall not appear in the attached drawings, and reference symbols not appearing in the attached drawings shall not appear in the text of the description. The reference numerals indicating the same parts in the application documents shall be consistent.
The appended drawings shall not contain other notes except necessary words.
Article 19 The patent claim shall record the technical features of the invention or utility model.
Where there are multiple claims in the claims, they shall be numbered with Arabic numerals.
The scientific and technological terms used in the claims shall be consistent with those used in the specification, and may have chemical formula or mathematical formula, but no illustrations. Unless absolutely necessary, the words "as described in the manual" or "as shown in the figure" shall not be used.
The technical features in the claim can refer to the corresponding marks in the drawings of the specification, and these marks should be placed in brackets after the corresponding technical features to facilitate the understanding of the claim. Reference signs shall not be construed as limiting the claims.
Article 20 A claim shall have an independent claim and a subordinate claim.
The independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features to solve the technical problems.
The dependent claims shall further define the cited claims with additional technical features.
Article 21 An independent claim of an invention or utility model shall include a preamble part and a characteristic part, and shall be written in accordance with the following provisions:
(1) Preface: indicate the subject name of the technical scheme of the invention or utility model for protection and the necessary technical features of the subject of the invention or utility model which is closest to the existing technology;
(2) Characteristic part: Use "characterized by" or similar words to indicate the technical characteristics of the invention or utility model that are different from the nearest existing technology. These features, together with the features of the preamble, define the scope of the invention or utility model.
Where the nature of the invention or utility model is not suitable to be expressed in the way listed in the preceding paragraph, the independent claim may be written in other ways.
An invention or utility model should have only one independent claim, which is written before the subordinate claim of the same invention or utility model.
Article 22 A dependent claim of an invention or utility model shall include a quoting part and a defining part, and shall be written in accordance with the following provisions:
(1) citation part: indicate the number of the cited claim and its subject name;
(2) Defined part: indicating the additional technical features of the invention or utility model.
Subordinate claims can only refer to previous claims. Multiple dependent claims that cite more than two claims can only cite the prior claim in one way, and shall not be used as the basis of another multiple dependent claims.
Article 23 The abstract of the specification shall indicate the summary of the contents of the patent application for invention or utility model, that is, the name of the invention or utility model and its technical field, and clearly reflect the technical problems to be solved, the main points of the technical scheme to solve the problems and the main uses.
The abstract of the specification can contain the chemical formula that best explains the invention; An application for a patent with drawings shall also provide a drawing that best illustrates the technical characteristics of the invention or utility model. The size and clarity of the attached drawings shall ensure that all the details in the drawings can still be clearly distinguished when the drawings are reduced to 4cm× 6cm. The abstract text shall not exceed 300 words. Commercial advertising language shall not be used in the abstract.
Article 24. Where the invention for which a patent is applied involves a new biological material, which is not available to the public, and the description of the biological material is not enough to enable technicians in the field to implement the invention, in addition to complying with the relevant provisions of the Patent Law and these Detailed Rules, the applicant shall also go through the following procedures:
(a) before or at the latest on the date of application (priority date if there is priority), submit the samples of biological materials to the preservation unit recognized by the patent administration department of the State Council for preservation, and submit the preservation certificate and survival certificate issued by the preservation unit on the date of application or within 4 months at the latest from the date of application; If the certificate is not submitted at the expiration, the sample shall be deemed as not submitted for preservation;
(2) In the application documents, provide information about the characteristics of the biomaterial;
(3) For a patent application involving the preservation of samples of biomaterials, the classification and nomenclature of biomaterials (indicating the Latin name), the name, address, preservation date and preservation number of the entity that preserved the samples of biomaterials shall be indicated in the request and specification; If it is not specified at the time of application, it shall be corrected within 4 months from the date of application; If no correction is made within the time limit, it shall be deemed that it has not been submitted for preservation.
Article 25 Where an applicant for a patent for invention keeps samples of biological materials in accordance with the provisions of Article 24 of these Rules, and after the publication of the application for a patent for invention, any unit or individual needs to use the biological materials involved in the application for a patent for invention for experimental purposes, it shall make a request to the patent administration department of the State Council, and state the following items:
(1) The name and address of the claimant;
(two) to ensure that the biological material will not be provided to any other person;
(3) a guarantee that it will only be used for experimental purposes before the patent right is granted.
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 invention-creation completed by relying on genetic resources applies for a patent, the applicant shall state it in the request and use the format formulated by the patent administration department of the State Council.
Article 27 Where an applicant requests color protection, he shall submit color pictures or photographs.
The applicant shall submit relevant pictures or photos on the contents that need to be protected for each design product.
Article 28 A design specification shall specify the name and purpose of the design product, the design points of the design, and the pictures or photographs that best reflect the design points. If the view is omitted or color protection is required, it should be explained in the brief description.
Where an application for a design patent is filed 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.
Article 29 The administrative department for patent in the State Council may, when it deems it necessary, require the applicant for a patent for design to submit samples or models of products using the design. The volume of the sample or model shall not exceed 30cm× 30cm× 30cm, and the weight shall not exceed 15kg. Perishable, fragile or dangerous goods shall not be submitted as samples or models.
Article 30 An international exhibition recognized by the China government as mentioned in Item (1) of Article 24 of the Patent Law refers to an international exhibition registered or recognized by the Bureau of International Exhibitions as stipulated in the Convention on International Exhibitions.
The academic conference or technical conference mentioned in Item (2) of Article 24 of the Patent Law refers to the academic conference or technical conference organized by the relevant competent authorities in the State Council or national academic organizations.
Where the invention-creation for which a patent is applied falls under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall declare it when filing the patent application, and submit the certification documents issued by relevant international exhibitions, academic conferences or technical conferences and the date of exhibition or publication within two months from the date of application.
Where an invention-creation for which a patent is applied falls under any of the circumstances listed in Item (3) of Article 24 of the Patent Law, the administrative department for patent in the State Council may, when it deems it necessary, require the applicant to submit supporting documents within a specified time limit.
Where the applicant fails to make a declaration and submit supporting documents in accordance with the provisions of the third paragraph of this article, or fails to submit supporting documents within the specified time limit in accordance with the provisions of the fourth paragraph of this article, the provisions of Article 24 of the Patent Law shall not apply to his application.
Article 31 Where an applicant claims foreign priority in accordance with Article 30 of the Patent Law, the copies 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 a 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 earlier 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 earlier application documents, the priority shall not be affected.
Article 32 An applicant may claim one or more priorities in a patent application; Where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.
The applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject. However, when the latter application is filed, if the subject matter of the former application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority:
(1) claiming foreign priority or domestic priority;
(2) The patent right has been granted;
(3) It is a divisional application filed in accordance with regulations.
Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application.
Article 33 Where an applicant who has no habitual residence or business office in China applies for a patent or claims foreign priority, the patent administration department in the State Council may require him to provide the following documents when it deems it necessary:
(1) If the applicant is an individual, his nationality certificate;
(2) Certification documents of enterprises or other organizations in the country or region where the applicant is located;
(3) The applicant's country recognizes that units and individuals in China can enjoy patents, priorities and other patent-related rights in that country under the same conditions as nationals of that country.
Article 34 In accordance with Article 31, paragraph 1, of the Patent Law, two or more inventions or utility models that belong to the general inventive concept and can be filed as one patent application shall be technically interrelated and contain one or more identical or corresponding specific technical features, in which the specific technical features refer to the technical features that each invention or utility model as a whole contributes to the existing technology.
Article 35 Where a number of similar designs of the same product are filed as one application in accordance with the provisions of paragraph 2 of Article 31 of the Patent Law, 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 design of two or more products sold or used in the same category 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 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 marked before the name of each picture or photograph of each design product.
Article 36 Where an applicant withdraws his patent application, he shall make a declaration to the patent administration department of the State Council, indicating the name of the invention-creation, the application number and the date of application.
The declaration of withdrawing the patent application was made after the patent administrative department of the State Council made preparations for publishing the patent application documents, which should still be published; However, the statement of withdrawing the patent application shall be announced in the patent bulletin published later.