I. Scope of application
Patent applications for inventions, utility models and designs can be submitted in the form of electronic documents.
All provisions on patent applications and related documents in the Patent Law, its detailed rules for implementation and review guidelines are applicable to electronic patent applications, except those specifically for patent applications and related documents submitted in paper form.
Where an international application for a patent enters the national phase in China according to law, the documents required for the international application to enter the national phase in China as stipulated in the detailed rules for the implementation of the Patent Law may be submitted in electronic form.
International patent applications filed in China National Intellectual Property Administration cannot be submitted in the form of electronic documents.
Second, the specific requirements
(1) Where an electronic patent application is adopted, a user registration agreement for the electronic patent application system shall be signed with China National Intellectual Property Administration in advance (hereinafter referred to as the user agreement). A patent agency offering electronic patent application agency business shall sign a user agreement with China National Intellectual Property Administration in the name of a patent agency. If the applicant entrusts a patent agency that has signed a user agreement with China National Intellectual Property Administration to handle the electronic patent application business, it is not necessary to sign a user agreement with China National Intellectual Property Administration.
(2) When submitting an electronic patent application and related documents, the file format, data standard, operation specification and transmission mode specified in the user agreement shall be observed. Do not meet the above requirements, resulting in electronic patent applications and related documents can not be accepted by the electronic patent application system, the electronic patent application will not be accepted, the relevant documents will be regarded as not submitted.
(3) Where an applicant files a patent application in paper form and is accepted, relevant documents shall be submitted in paper form in all procedures of patent application. Unless otherwise specified, China National Intellectual Property Administration does not accept the relevant documents submitted by the applicant in electronic form. Otherwise, it is deemed as not submitted.
Where an applicant files an electronic patent application and it is accepted, it shall submit relevant documents in electronic form in all procedures of the patent application. Unless otherwise specified, China National Intellectual Property Administration does not accept the relevant documents submitted by the applicant in paper form. Otherwise, it is deemed as not submitted.
(4) Where an application for an electronic patent is filed and accepted by the applicant, the applicant shall submit the original electronic scanning/image text of the relevant documents required by the Patent Law, its detailed rules for implementation and examination guidelines, and submit the original documents within a specified or specified time limit.
(5) For an electronic patent application, if China National Intellectual Property Administration sends various notices, decisions and other documents to the applicant in the form of electronic documents, the applicant shall obtain them in the manner stipulated in the user agreement.
Three. Request date
Where the applicant files an application for an electronic patent, the date of filing shall be the date when China National Intellectual Property Administration receives the patent application documents conforming to the provisions of the Patent Law and its detailed rules for implementation.
Fourth, the patent application fee
Where an electronic patent application is filed, the patent application fee and other fees shall be paid through the Internet. Unless otherwise specified, all fees for electronic patent applications shall be paid in accordance with the amount stipulated in the current charging standards.
After receiving the patent application fee paid by the applicant within the prescribed time limit, China National Intellectual Property Administration will issue a notice of acceptance to the applicant. Where the applicant submits the patent application documents that conform to the provisions of the Patent Law and its detailed rules for implementation, but fails to pay the patent application fee within the prescribed time limit, China National Intellectual Property Administration shall issue a notice of deemed withdrawal at the same time as the notification of acceptance.