If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. Patents for utility models and designs that have passed preliminary examination are authorized to issue registration certificates and announcement certificates. The three kinds of patent rights shall take effect as of the date of announcement.
Where a patent infringement dispute involves the invention patent of a new product, the unit or individual that manufactures the same product shall provide proof that the manufacturing method of the product is different from the patented method. Where a patent infringement dispute involves a patent for utility model or design, the people's court or the administrative department for patent affairs may require the living interested party of the patentee to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute.