The State Council’s decision to amend the “Detailed Implementation Rules for the Patent Law of the People’s Republic of China”
The State Council has decided to amend the “Detailed Implementation Rules for the Patent Law of the People’s Republic of China” as follows Modifications:
1. Delete the second article.
2. Change Article 7 to Article 6 and add a paragraph as the third paragraph: “If the party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights. A letter of request, stating the reasons, attaching relevant supporting documents if necessary, and completing the corresponding procedures that should be completed before the rights are lost; if a request is made for restoration of rights in accordance with the provisions of paragraph 2 of this article, a request fee for restoration of rights shall also be paid. ”
3. Change Article 8 to Article 7, and amend it to read: “Patent applications involving national defense interests that need to be kept confidential shall be accepted and reviewed by the national defense patent agency; patent applications accepted by the Patent Administration Department of the State Council involve national defense interests that need to be kept confidential. If no reason for rejection is found upon review by the national defense patent agency, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
“The patent administration department of the State Council deems it acceptable. If the invention or utility model patent application involves national security or major interests other than national defense interests and needs to be kept confidential, a decision to process the application as a confidential patent shall be made in a timely manner and the applicant shall be notified. The special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be prescribed by the patent administration department of the State Council. "
4. Add one article as Article 8: "Inventions or utility models completed in China as mentioned in Article 20 of the Patent Law refer to inventions in which the substantive content of the technical solution is completed in China. Or utility model.
“Any unit or individual that applies for a patent in a foreign country for an 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:
” (1) If you directly apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, you must submit a request to the Patent Administration Department of the State Council in advance and explain your technical plan in detail;
"(2) Apply to the Patent Administration Department of the State Council in advance If the administrative department intends to apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, it shall submit a request to the patent administration department of the State Council before applying for a patent in a foreign country or submitting an international patent application to a relevant foreign institution.
“Submitting an international patent application to the patent administration department of the State Council shall be deemed to have submitted a confidentiality review request at the same time. ”
5. Add one article as Article 9: “After receiving a request submitted in accordance with Article 8 of these Rules, the Patent Administration Department of the State Council deems upon review that the invention or utility model may involve national security or If important interests need to be kept confidential, a confidentiality review notice shall be issued to the applicant in a timely manner; if the applicant does not receive a confidentiality review notice within 4 months from the date of submission of the request, the applicant may apply for a patent in a foreign country for the invention or utility model or apply to the relevant Foreign institutions submit international applications for patents.
“If the patent administration department of the State Council notifies a confidentiality review in accordance with the provisions of the preceding paragraph, it shall make a timely decision on whether confidentiality is required and notify the applicant. The applicant fails to submit the request within 6 months from the date of submission of the request. If a decision is made that confidentiality is required, the invention or utility model may be patented in a foreign country or submitted to the relevant foreign institution for an international patent application.”
6. Change Article 11 to Article 12. Item (3) of the first paragraph is modified to read: "Inventions and creations made within one year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the original work undertaken by the original unit or the tasks assigned by the original unit."
7. Change Article 13 to Article 41, and amend it to read: “Two or more applicants file applications on the same day (referring to the filing date; if there is priority, it refers to the priority date). If you apply for a patent for the same invention-creation, you must negotiate and determine the applicant after receiving a notice from the patent administration department of the State Council.
“If the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day (referring to the filing date), he shall separately state in the application that he has applied for another patent for the same invention-creation. Patent; if no explanation is given, it shall be handled in accordance with the provisions of Article 9, Paragraph 1 of the Patent Law, which stipulates that only one patent right can be granted for the same invention.
“The Patent Administration Department of the State Council announced the granting of utility model patent rights. , it shall be announced that the applicant has applied for an invention patent at the same time in accordance with the provisions of paragraph 2 of this article.
“If no reason for rejection is found after examination of the invention patent application, the patent administration department of the State Council shall notify the applicant to declare to give up the utility model patent right within the specified period. If the applicant declares to give up, the patent administration department of the State Council shall make a grant If the applicant does not agree to give up the utility model patent right, the patent administration department under the State Council shall reject the invention patent application; if the applicant fails to respond within the time limit. , the invention patent application shall be deemed to have been withdrawn.
“The utility model patent right shall be terminated from the date of announcement of the grant of the invention patent right. "
8. Delete Article 14.
9. Change Article 15 to Article 14, and add a paragraph as the third paragraph: "With patents If the right is pledged, the pledgor and the pledgee *** shall handle the registration of the pledge with the Patent Administration Department of the State Council at the same time. ”
10. Change Article 17 to Article 16 and amend it to read: “A request for an invention, utility model or design patent application shall state the following matters:
"(1) The name of the invention, utility model or design;
"(2) If the applicant is a Chinese entity or individual, his or her name, address, postal code, organization code or resident Identity document number; if the applicant is a foreigner, foreign enterprise or other foreign organization, his or her name, nationality or country or region of registration;
"(3) The name of the inventor or designer;
“(4) If the applicant entrusts a patent agency, the name and agency code of the entrusted agency, as well as the name, practice certificate number, and contact number of the patent agent designated by the agency;
"(5) If priority is claimed, the filing date, application number and name of the original acceptance agency when the applicant first filed a patent application (hereinafter referred to as the earlier application);
"(6) Application Signature or seal of the person or patent agency;
"(7) List of application documents;
"(8) List of additional documents;
"( 9) Other relevant matters that need to be stated."
11. Change Article 18 to Article 17, and add a paragraph as paragraph 5: "The utility model patent application specification shall contain. Drawings showing the shape, structure or combination of the claimed product”
12. Add one article as Article 26: “Genetic resources as mentioned in the Patent Law refer to those obtained from the human body. Materials such as animals, plants or microorganisms that contain genetic functional units and have actual or potential value; inventions and creations that rely on genetic resources as mentioned in the Patent Law refer to inventions and creations that make use of the genetic functions of genetic resources.
“When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department of the State Council. ”
13. Delete the first paragraph of Article 27.
14. Amend Article 28 to read: “A brief description of the design shall state The name and purpose of the design product, the design key points of the design, and specify a picture or photo that best illustrates the design key points. If views are omitted or colors are requested to be protected, this should be stated in the brief description.
“If a design patent application is filed for multiple 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 The use of commercial promotional terms cannot be used to describe the performance of the product. ”
15. Delete Article 30.
16. Change Article 31 to Article 30, and add a paragraph as the first paragraph: “The Chinese government’s recognition as mentioned in Article 24 (1) of the Patent Law An international exhibition refers to an international exhibition registered with or recognized by the Bureau International des Expositions as stipulated in the Convention on International Exhibitions."
17. Change Article 32 to Article 31. Article, revised to read: "If the applicant claims foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copy of the prior application documents submitted by the applicant shall be certified by the original acceptance agency. In accordance with the agreement signed between the patent administration department of the State Council and the acceptance agency According to the agreement, if the patent administration department of the State Council obtains a copy of the prior application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the prior application document certified by the acceptance agency to request the priority of the country, and the applicant shall state this in the request. If the filing date and application number of the earlier application are filed, it shall be deemed that a copy of the earlier application document has been submitted.
"Priority is requested, but the filing date and application number of the earlier application are omitted or incorrectly written in the request. If one or both of the contents include the number and the name of the original acceptance agency, the patent administration department of the State Council shall notify the applicant to make corrections within the specified time limit; if the applicant fails to make corrections within the specified time limit, it shall be deemed that the right of priority has not been claimed.
“If the name of the applicant claiming priority is inconsistent with the name or title of the applicant recorded in the copy of the earlier application document, the priority transfer certification materials shall be submitted. If the certification materials are not submitted,
“If an applicant for a design patent application claims foreign priority and his earlier application does not include a brief description of the design, the applicant shall follow Article 28 of these Rules. It is stipulated that if the brief description submitted does not exceed the scope of the pictures or photos of the earlier application document, it will not affect its enjoyment of priority. ”
18. Change Article 36 to Article 35 and amend it to read: “In accordance with the provisions of Paragraph 2 of Article 31 of the Patent Law, multiple similar appearance products of the same product shall be Where a design is filed as one application, other designs for the product should be similar to the basic design specified in the brief description. There shall be no more than 10 similar designs in one design patent application.
“Two or more designs of products of the same category that are sold or used in sets as mentioned in Paragraph 2 of Article 31 of the Patent Law means that each product belongs to the same category in the classification table. It is customary to If two or more designs are submitted as one application, the serial numbers of each design should be marked on the Before the name of each picture or photo of each design product.
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19. Amend the first paragraph of Article 44 to read: “The preliminary examination mentioned in Article 34 and Article 40 of the Patent Law refers to the examination of whether the patent application meets the requirements of the Patent Law. Documents and other necessary documents specified in Article 26 or Article 27, whether these documents comply with the prescribed format, and the following items shall be examined:
“(1) Whether the invention patent application is obvious Whether the circumstances specified in Articles 5 and 25 of the Patent Law are inconsistent with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 or Article 16 and Paragraph 1 of these Rules? Whether the provisions of Paragraph 2 of Article 26 are obviously inconsistent with Paragraph 2 of Article 26, Paragraph 5 of Article 26, Paragraph 1 of Article 31, Article 33 or Article 33 of these Rules of the Patent Law? The provisions of Articles 17 to 21;
“(2) Whether the application for a utility model patent clearly falls within the circumstances specified in Articles 5 and 25 of the Patent Law, and whether it does not comply with the Patent Law Whether the provisions of Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20, or Articles 16 to 19, 21 to 23 of these Rules are obviously inconsistent with Comply with Article 2, Paragraph 3, Article 22, Paragraph 2, Paragraph 4, Article 26, Paragraph 3, Paragraph 4, Article 31, Paragraph 1, and Article 33 of the Patent Law Or whether the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law according to the provisions of Article 20 and Article 43 Paragraph 1 of these Rules;
“(3) Whether the design patent application is obviously Whether the circumstances specified in Article 5 of the Patent Law and Article 25, Paragraph 1, Item (6) are inconsistent with Article 18, Article 19, Paragraph 1 of the Patent Law or Articles 16 and 2 of these Rules? Are the provisions of Articles 17 and 28 obviously inconsistent with Article 2, Paragraph 4, Article 23, Paragraph 1, Article 27, Paragraph 2, and Article 31, Paragraph 2 of the Patent Law? Whether the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law according to the provisions of Article 33, Article 33 or the first paragraph of Article 43 of these Rules;
“(4) Whether the application documents comply with these Rules The provisions of Article 2 and Article 3, Paragraph 1 of the Rules. "
20. Add one article as Article 55: "If no reason for rejection of a confidential patent application is found after examination, the patent administration department of the State Council shall make a decision to grant a confidential patent right and issue a confidential patent certificate. , matters related to the registration of confidential patent rights. ”
21. Change Article 55 to Article 56 and amend it to read: “After the decision to grant a utility model or design patent is announced, Article 60 of the Patent Law stipulates The patentee or interested party may request the patent administration department of the State Council to make a patent right evaluation report.
“When requesting a patent right evaluation report, a request for a patent right evaluation report shall be submitted, indicating the patent number. Each request shall be limited to one patent right.
“Patent right If the request for evaluation report does not comply with the regulations, the patent administration department of the State Council shall notify the requester to make corrections within the specified time limit; if the requester fails to make corrections within the specified time limit, it shall be deemed that the request has not been made. ”
22. Change Article 56 to Article 57 and amend it to read: “The patent administration department of the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. Rights evaluation report. If multiple claimants request a patent right evaluation report for the same utility model or design patent right, the patent administration department under the State Council will only make one patent right evaluation report. Any unit or individual may review or copy the patent evaluation report. ”
23. Change Article 59 to Article 60, and add a paragraph as the second paragraph: “The request for reexamination does not comply with the first paragraph of Article 19 or Article 19 of the Patent Law.” As stipulated in Paragraph 1 of Article 41, the Patent Reexamination Board shall not accept the application and shall notify the reexamination requester in writing and explain the reasons. ”
24. Change Article 71 to Article 72, and modify the second paragraph to read: “Before the Patent Reexamination Board makes a decision, the invalidation requester withdraws his request or his request is invalid. If the request for declaration is deemed withdrawn, the review procedure for the request for invalidation shall be terminated. However, if the Patent Reexamination Board believes that it can make a decision to declare the patent right invalid or partially invalid based on the examination work that has been carried out, the examination procedure will not be terminated.
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25. Add one article as Article 73: “The failure to fully exploit the patent as mentioned in Article 48 (1) of the Patent Law refers to the patentee and his/her The licensee’s method or scale of implementing its patent cannot meet the domestic demand for patented products or patented methods.
“Patented medicines as mentioned in Article 50 of the Patent Law refer to any patented products in the medical field needed to solve public health problems or products directly obtained according to patented methods. Including the patented active ingredients required for the manufacture of the product and the diagnostic supplies required for the use of the product." 26. Change Article 72 to Article 74 and amend it. It is: "If a compulsory license is requested, a request for compulsory license shall be submitted to the patent administration department of the State Council, stating the reasons and attaching relevant supporting documents.
"The patent administration department of the State Council shall submit a copy of the request for compulsory license to the patent administration department of the State Council. The patentee shall state its opinions within the time limit specified by the patent administration department of the State Council; failure to respond within the time limit shall not affect the decision made by the patent administration department of the State Council.
“Before making a decision to reject a request for compulsory license or grant a compulsory license, the patent administration department of the State Council shall notify the requester and the patentee of the proposed decision and the reasons.
"The decision of the Patent Administration Department of the State Council to grant a compulsory license in accordance with the provisions of Article 50 of the Patent Law shall also comply with the provisions of relevant international treaties that China has concluded or participated in regarding the granting of compulsory licenses for the purpose of solving public health problems, but Except for reservations made by China. "
27. Add one article as Article 76: "The unit granted the patent right may make an agreement with the inventor or designer or stipulate Article 7 of the Patent Law in its rules and regulations formulated in accordance with the law. The methods and amounts of rewards and remuneration specified in Article 16.
“Rewards and remuneration given to inventors or designers by enterprises and public institutions shall be handled in accordance with the relevant national financial and accounting system regulations.”
Twenty-eight, Seventh Article 14 is changed to Article 77, and is revised to read: “The unit to which the patent right is granted fails to make an agreement with the inventor or designer and fails to stipulate the rewards specified in Article 16 of the Patent Law in its rules and regulations formulated in accordance with the law. If the method and amount are different, the bonus shall be paid to the inventor or designer within 3 months from the date of announcement of the patent right. The bonus for an invention patent shall be no less than 3,000 yuan; the bonus for a utility model patent or design patent shall be at least 3,000 yuan. The minimum amount shall not be less than 1,000 yuan.
“For inventions and creations completed because the inventor or designer’s suggestions are adopted by the unit to which he/she belongs, the unit that is granted the patent right shall receive preferential bonuses. ”
29. Merge Articles 75 and 76 into Article 78 and amend it to read: “The unit granted the patent right has not cooperated with the inventor or designer.” If the party agrees and fails to stipulate the form and amount of remuneration specified in Article 16 of the Patent Law in its legally formulated rules and regulations, within the validity period of the patent right, after the implementation of the invention-creation patent, the invention or utility model shall be implemented every year. No less than 2% of the operating profit from the patent or no less than 0.2% of the operating profit from the implementation of the design patent shall be extracted and given to the inventor or designer as a reward, or a one-time payment shall be given to the inventor or designer with reference to the above ratio. Remuneration; if the unit granted the patent right licenses other units or individuals to exploit its patent, it shall withdraw no less than 10% of the royalties collected and give it to the inventor or designer as remuneration. "
30. Delete Article 77.
31. Add one paragraph to Article 83 as the second paragraph: "The patent mark does not comply with the preceding paragraph. If specified in this paragraph, the department in charge of patent work shall order corrections.
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32. Merge Articles 84 and 85 into Article 84 and amend it to read: “The following acts are counterfeiting as stipulated in Article 63 of the Patent Law. Patented behavior:
“(1) Marking a patent logo on a product or its packaging that has not been granted a patent right, and continuing to mark a product or its packaging with a patent logo after the patent right is declared invalid or terminated , or mark the patent number of others on the product or product packaging without permission;
“(2) Selling the products mentioned in item (1);
“(3) In In product manuals and other materials, a technology or design that has not been granted a patent right is called a patented technology or a patented design, a patent application is called a patent, or someone else's patent number is used without permission, causing the public to misunderstand the technology or design involved. considered to be patented technology or patented design;
"(4) Forging or altering patent certificates, patent documents or patent application documents;
"(5) Other matters that confuse the public,
"Before the expiration of the patent right, the patented product, the product directly obtained according to the patented method, or its packaging shall be marked with a patent in accordance with the law. If you promise to sell or sell the product after the patent right expires, it does not constitute patent counterfeiting.
“Anyone who sells products that are not known to be counterfeit patented products and can prove the legal origin of the product will be ordered to stop sales by the patent management department, but will be exempted from fines.”
33. Amend Article 87 to read: “If the people’s court rules to take preservation measures against the patent application right or patent right in the trial of a civil case, the patent administration department under the State Council shall, upon receipt of the application number or patent number, If the preservation period expires and the people's court does not rule to continue taking preservation measures, the patent administration department of the State Council shall resume the relevant procedures on its own. ”
34. Add one article 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 the preliminary examination of patent applications. , substantive examination and reexamination procedures, patent right granting procedures and patent right invalidation procedures; suspension of procedures for abandoning, changing, transferring patent rights or patent application rights, patent right pledge procedures, and termination procedures before the expiration of the patent right period. "
35. Change the first paragraph of Article 89 to Article 90, and amend it to read: “The Patent Administration Department of the State Council regularly publishes patent bulletins and announces or announces the following contents:
"(1) Bibliographic matters and description summary of the invention patent application;
"(2) Request for substantive examination of the invention patent application and the decision of the Patent Administration Department of the State Council to conduct a substantive examination of the invention patent application on its own;
“(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of invention patent applications after publication;
“(4) Grant of patent rights and patent Recording matters of the right;
“(5) Summary of the description of the invention or utility model patent, a picture or photo of the design patent;
“(6) National defense patent, confidentiality Decryption of patents;
"(7) Invalidation of patent rights;
"(8) Termination and restoration of patent rights;
"(9) Transfer of patent rights;
"(10) Filing of patent licensing contracts;
"(11) Pledge, preservation and termination of patent rights;
"(12) Grant of compulsory license for patent exploitation;
"(13) Change of the name or address of the patentee;
"(14) ) Announcement of delivery of documents;
“(15) Corrections made by the Patent Administration Department of the State Council;
“(16) Other relevant matters.
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36. Change the second paragraph of Article 89 to Article 91 and amend it to read: “The patent administration department of the State Council shall provide the patent bulletin, the single copy of the invention patent application and the invention patent, Single copies of utility model patents and design patents are available for free inspection by the public. "
37. Add one article as Article 92: "The patent administration department of the State Council is responsible for exchanging patent documents with patent offices or regional patent organizations of other countries and regions in accordance with the principle of reciprocity. ”
38. Change Article 90 to Article 93 and amend it to read: “When applying for a patent and handling other procedures with the Patent Administration Department of the State Council, the following fees shall be paid:
“(1) Application fee, application surcharge, publication printing fee, priority claim fee;
“(2) Invention patent application substantive examination fee and reexamination fee;
"(3) Patent registration fees, announcement printing fees, and annual fees;
"(4) Rights restoration request fees and deadline extension request fees;
"(5) Description Matter change fees, patent right evaluation report request fees, and invalidation declaration request fees.
“The payment standards for the various fees listed in the preceding paragraph shall be stipulated by the price management department and the financial department of the State Council in conjunction with the patent administration department of the State Council. ”
39. Change Article 92 to Article 95, and amend the first paragraph to read: “The applicant shall apply within 2 months from the date of application or upon receipt of the acceptance notice. The application fee, publication printing fee and necessary application surcharge must be paid within 15 days from the date of submission; if the application fee is not paid within the time limit or is not paid in full, the application will be deemed to be withdrawn. ”
Forty, delete Article 94.
Forty-one, change Article 97 to Article 99, and amend it to: “Restore rights The request fee shall be paid within the relevant time limit stipulated in these rules; if it is not paid within the time limit or is not paid in full, it shall be deemed that the request has not been made.
“The request fee for extension of time limit shall be paid before the expiration date of the corresponding time limit; if it is not paid by the expiration date or is not paid in full, it shall be deemed that the request has not been made.
“Fees for change of bibliographic matters, The patent right evaluation report request fee and the invalidation declaration request fee shall be paid within one month from the date of filing the request; if the request is not paid upon expiration or is not paid in full, it shall be deemed that the request has not been made. ”
42. Change Article 98 to Article 100 and amend it to read: “If the applicant or patentee has difficulty paying the various fees stipulated in these rules, he or she may follow the regulations. Submit a request for payment reduction or postponement to the patent administration department of the State Council. The measures for reduction or postponement of payment shall be formulated by the finance 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. Merge part of the first paragraph of Article 101, Article 103, and Article 105 into Article 103, and modify it It is: “The applicant for an international application shall, within 30 months from the priority date referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this chapter), go through the procedures for entering the Chinese national phase with the patent administration department of the State Council; the applicant If the procedure is not completed within this period, after paying the grace fee, the procedure for entering the Chinese national phase can be completed within 32 months from the priority date.
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44. Merge part of the first paragraph of Article 101, Article 103, and Article 105 into Article 104, and modify it It is: "The applicant who handles the procedures for entering the Chinese national phase in accordance with the provisions of Article 103 of these Rules shall meet the following requirements:
" (1) Submit the written application for entering the Chinese national phase in Chinese. Statement, indicating the international application number and the type of patent right requested;
“(2) Pay the application fee and publication printing fee specified in paragraph 1 of Article 93 of these Rules, and if necessary, pay the The grace fee specified in Article 103 of the Rules;
“(3) If the international application is filed in a foreign language, a Chinese translation of the description and claims of the original international application shall be submitted;
"(4) In the written declaration of entering the national phase in China, state the name of the invention, the name of the applicant, the address and the name of the inventor. The above content shall be consistent with the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau) records are consistent; if the inventor is not named in the international application, the name of the inventor shall be stated in the above statement;
“(5) If the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted, with If the drawings and abstract are attached, a copy of the drawings and a copy of the abstract should be submitted. If there is text in the drawing, replace it with the corresponding Chinese text; if the international application is filed in Chinese, submit the abstract and summary in the internationally published document. Copy of the attached drawing;
“(6) If the applicant has gone through the change procedures with the International Bureau during the international stage, provide proof that the changed applicant has the right to apply;
” (7) Pay the application surcharge specified in Paragraph 1 of Article 93 of these Rules when necessary.
“If the requirements of Items (1) to (3) of Paragraph 1 of this Article are met, the State Council shall apply. The patent administration department shall assign an application number, specify the date when the international application enters the Chinese national phase (hereinafter referred to as the entry date), and notify the applicant that the international application has entered the Chinese national phase.
“If the international application has entered the Chinese national phase but does not meet the requirements of items (4) to (7) of paragraph 1 of this article, the patent administration department under the State Council shall notify the applicant to make corrections within the designated period. ; If no correction is made upon expiration of the time limit, the application shall be deemed to have been withdrawn. ”
45. Paragraph 2 of Article 100 will be merged with Article 102 to form Article 105. Modify to: "If an international application falls under any of the following circumstances, its effectiveness in China will terminate:
" (1) During the international phase, the international application is withdrawn or deemed to have been withdrawn, or the international application has a negative impact on China The designation is withdrawn;
“(2) The applicant fails to complete the procedures for entering the Chinese national phase within 32 months from the priority date in accordance with Article 103 of these Rules;
“(3) The applicant has completed the procedures for entering the Chinese national phase, but still fails to comply with Article 104 (1) to (3) of these Rules at the expiration of the 32-month period from the priority date. item requirements.
“If the validity of the international application in China is terminated in accordance with the provisions of item (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; in accordance with items (2) and (3) of the preceding paragraph, ), if the validity of the international application in China is terminated, the provisions of Article 6, paragraph 2, of these Rules shall not apply.”
46. Change Article 104 to Article 1. Article 106 is revised to read: “If the international application has been modified during the international phase, and the applicant requests to conduct examination based on the modified application documents, the Chinese translation of the modified parts shall be submitted within 2 months from the date of entry. In If the Chinese translation is not submitted within this period, the patent administration department of the State Council will not consider the amendments proposed by the applicant in the international stage. "
47. Change Article 105 to No. 1. Article 107 is revised to read: “If the invention-creation involved in the international application falls under any of the circumstances listed in Article 24 (1) or (2) of the Patent Law, and a declaration has been made when filing the international application, The applicant shall explain it in the written declaration of entering the Chinese national phase and submit the relevant supporting documents specified in Paragraph 3 of Article 30 of these Rules within 2 months from the date of entry; if no explanation is given or the supporting documents are not submitted upon expiration of the time limit, , the provisions of Article 24 of the Patent Law are not applicable to its application.
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48. Add one article as Article 109: “If the invention and creation involved in the international application relies on genetic resources, the applicant shall explain this in the written statement that the international application enters the Chinese national phase. , and fill in the form formulated by the patent administration department of the State Council. "
49. Change Article 107 to Article 110, and modify the second paragraph to read: "The applicant shall pay the priority claim within 2 months from the date of entry. If the fee is not paid upon expiration or is not paid in full, it shall be deemed that the right of priority has not been claimed. ”
Delete the fourth paragraph.
50. Change Article 109 to Article 112, and modify the first paragraph to: “Request for For international applications for utility model patent rights, the applicant can proactively propose modifications to the patent application documents within 2 months from the date of entry. "
51. Delete Articles 113 and 114.
In addition, according to the " The Decision of the Standing Committee of the National People's Congress on Amending the "Patent Law of the People's Republic of China" cites the "Patent Law of the People's Republic of China" in the "Implementing Rules of the Patent Law of the People's Republic of China" The provisions have been modified accordingly, and the order and text of some clauses have been adjusted accordingly.
This decision will come into effect on February 1, 2010.
"People's Republic of China." The Implementing Rules of the Patent Law of the People's Republic of China shall be revised accordingly and re-published.