Article 1 In order to ensure the implementation of the Decision of the State Council on Amending the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), which was published on October 9, 20 10, these Measures are formulated in accordance with the provisions of Article 84 of the Legislative Law. Article 2 Patent applications filed before February 10 (excluding that date) and patent rights granted according to the patent applications shall be governed by the provisions of the Detailed Rules for the Implementation of the Patent Law before the amendment; The provisions of the revised Detailed Rules for the Implementation of the Patent Law shall apply to the patent application with the filing date after February 1 2065438 (including that date, the same below) and the patent right granted according to the patent application; However, the following provisions of these Measures do not include the special provisions on the patent application with the filing date before February 10, 2065438 and the patent right granted according to this application. Article 3 Where a request for invalidation is filed after February 10, 2065 on the grounds that it does not conform to the provisions of the third paragraph of Article 23 of the Patent Law, the provisions of the third paragraph of Article 66 of the revised Detailed Rules for the Implementation of the Patent Law shall apply to the examination of the request for invalidation. Article 4 The request for invalidation was filed after February, 2065438 10, and the examination of the request for invalidation shall be subject to the provisions of the second paragraph of Article 72 of the Implementing Rules of the Patent Law. Article 5 Where the applicant of an international application for a patent goes through the formalities of entering the national phase in China after February 1 2065, the provisions of Chapter 10 of the revised Detailed Rules for the Implementation of the Patent Law shall apply to the international application. Article 6 1, If China National Intellectual Property Administration is requested to suspend the relevant procedures after February 2065438, the provisions of Articles 93 and 99 of the revised Detailed Rules for the Implementation of the Patent Law shall apply, and the request fee for suspending the procedures shall not be paid.
Requests for refund of overpaid, overpaid or wrongly paid patent fees after February 20 10/0 shall be governed by the provisions of Paragraph 4 of Article 94 of the Revised Detailed Rules for the Implementation of the Patent Law.
If the application fee, publication and printing fee and application surcharge are paid after February 1 2065438, the provisions of Article 95 of the revised Detailed Rules for the Implementation of the Patent Law shall apply.
Where the registration procedures for granting patent right are handled after February 20 10/0, the provisions of Articles 93 and 97 of the revised Detailed Rules for the Implementation of the Patent Law shall apply, and the application maintenance fee shall not be paid. Article 7 These Measures shall come into force as of February 1 day, 2065.