Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) refers to the administrative regulations formulated according to the Patent Law to provide specific normative documents for the implementation of the patent law. The detailed rules stipulate the procedures and standards for patent application, examination and authorization, clarify the rights and obligations of the patentee, and make specific provisions on the handling of patent infringement. In patent application, the detailed rules require the applicant to submit complete application materials in accordance with relevant regulations, and the application needs to be reviewed before authorization. At the same time, the detailed rules also make specific provisions on the handling, publicity and announcement of applications under special circumstances. In patent examination, the detailed rules stipulate the examination procedures and standards. Examiners need to examine the applied patent to determine whether the conditions of patent authorization are met, such as whether it is innovative and practical. At the same time, the detailed rules also stipulate the application for import right and priority. In terms of patent authorization, the detailed rules clarify the procedures and standards for patent registration. Only the application that has passed the examination can be authorized. After authorization, the patent fee needs to be paid, and the patent right announcement and transfer procedures should be handled in accordance with the regulations. In terms of patent infringement, the detailed rules have made specific provisions, including the criteria for judging infringement and the handling methods after infringement, such as stopping infringement and compensating losses.
What types of inventions are protected by patent law? The Patent Law of People's Republic of China (PRC) protects three kinds of inventions: novel, design and utility model. Novelty refers to the novelty and practicality of the shape, structure or combination of products or methods; Design refers to the shape, pattern and color of the product, which is beautiful and applicable; Utility model refers to the technical improvement or new and useful technical scheme made on the basis of the original technology, which is practical and novel. How long is the patent valid? According to the Patent Law of People's Republic of China (PRC), the patent is valid for 20 years. From the date of patent application, it can enter the public domain 20 years later and become a free technology without authorization and patent fees.
The Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) is the specific operation provision of the patent law, which plays an important role in protecting intellectual property rights and promoting scientific and technological innovation. Patent applicants should apply in strict accordance with the detailed rules and participate in the examination to safeguard their own rights and interests. At the same time, for enterprises and individuals, observing patent laws and regulations is also a necessary condition for safeguarding their legitimate rights and interests and promoting scientific and technological innovation.
Legal basis:
Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 2 The renewal of various reputations stipulated in the Patent Law and these Detailed Rules shall be handled in writing or in other forms stipulated by the patent administration department of the State Council.