The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products. Article 3 All procedures stipulated in the Patent Law and these Detailed Rules shall be handled in writing. Article 4 All documents submitted in accordance with the Patent Law and these Rules shall be in Chinese. Standardized words should be used for scientific and technological terms uniformly prescribed by the state. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated.
All kinds of certification documents and certification documents submitted in accordance with the Patent Law and these Rules are in foreign languages, and the Patent Office may require Chinese translation to be attached within a specified time limit. Article 5. If all kinds of documents mailed by the Patent Office are delivered to cities above provinces, autonomous regions and municipalities directly under the Central Government, they shall be presumed to be received by the recipient within seven days from the date of issuance of the documents, and within fifteen days from other regions.
All documents mailed by the applicant to the Patent Office shall be submitted on the postmark date. If the postmark date sent on the envelope is unclear, the date of receipt by the Patent Office shall be the filing date, unless the applicant can provide proof. Article 6 The first day of various deadlines stipulated in the Patent Law and these Detailed Rules shall not be counted as the deadline. If calculated in years or months, the expiration date shall be the corresponding day of the last month; If there is no corresponding day in the current month, the last day of the current month shall be the due date.
If the due date is a legal holiday, the first working day after the holiday shall be the due date. Article 7 Where the applicant, the patentee or any other interested party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the Patent Office for irresistible reasons or other justifiable reasons, he may explain the reasons within one month after the obstacle is removed and request an extension of the time limit. However, the time limit stipulated in Articles 24, 29, the first sentence of Article 41, Article 45 and Article 61 of the Patent Law shall be excluded.
Before the expiration of the time limit specified by the Patent Office, if the applicant has justified reasons to request an extension of the time limit, he shall submit a request to the Patent Office with relevant certificates. Article 8 Where the invention-creation for which each unit of the national defense system applies for a patent involves national security and needs to be kept confidential, its patent application shall be accepted by the patent institution established by the competent department of national defense science and technology, and the Patent Office shall make a decision according to the examination opinions of the institution. Article 9 In addition to the provisions of the preceding article, the Patent Office shall, after accepting the patent application, forward the application requiring confidentiality examination to the relevant competent department of the State Council for examination; The relevant competent department shall notify the Patent Office of the examination results within four months from the date of receipt; Where the invention-creation applying for a patent needs to be kept confidential, the Patent Office shall handle it as a confidential patent application and notify the applicant. Article 10 The term service invention-creation as mentioned in Article 6 of the Patent Law refers to:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(three) inventions made within one year after resignation, retirement or transfer of work related to their own work or the assigned tasks undertaken by the original unit.
The material conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public. Article 11 The inventor or designer mentioned in the Patent Law refers to a person who has made creative contributions to the substantive features of invention-creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material conditions or engaging in other auxiliary work shall not be regarded as an inventor or designer. Article 12 Where two or more applicants as stipulated in Article 9 of the Patent Law apply for a patent for the same invention-creation on the same day, they shall, after receiving the notice from the Patent Office, determine the applicants through consultation. Article 13 The patentee shall file with the Patent Office within three months after the patent licensing contract signed with others takes effect. Article 14 The patent agencies mentioned in Paragraph 1 of Article 19 and Article 20 of the Patent Law refer to China Council for the Promotion of International Trade, Shanghai Patent Office, China Patent Agency Co., Ltd. and other patent agencies designated by the State Council. Article 15 Where an applicant entrusts a patent agency to apply for a patent and handle other patent affairs at the Patent Office, it shall also submit a power of attorney indicating the authorization authority. Chapter II Application for a Patent Article 16 An application for a patent shall be submitted to the Patent Office in duplicate. Article 17 Other matters in the request mentioned in the second paragraph of Article 26 of the Patent Law refer to:
(1) the nationality of the applicant;
(2) Where the applicant is an enterprise or other organization, the country where its headquarters is located;
(3) Where the applicant entrusts a patent agency, the name and address of the patent agency and the name of the patent agent;
(four) the applicant is an organization, the name of the representative;
(5) Where the right of priority is claimed, the relevant matters that shall be indicated.
(6) The signature or seal of the applicant;
(7) List of application documents;
(8) List of attached documents.
If the applicant has two or more patent agencies that have not been entrusted, one person shall be appointed as the representative; If no representative is designated, the first signatory shall be the representative.
Where an application for a patent for design is filed, a brief description of the design shall also be stated when necessary.