Release date: 20065438+0 June 15
(Promulgated by Order No.306 of the State Council of the People's Republic of China on June 5, 2006, revised according to 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) on February 28, 2002).
Chapter I General Provisions
Article 1 These Detailed Rules are formulated in accordance with the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Patent Law).
Article 2 "Invention" as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement.
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, which is made by the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Article 3 All procedures stipulated in the Patent Law and these Detailed Rules shall be handled in written form or other forms stipulated by the patent administration department of the State Council.
Article 4 All documents submitted in accordance with the Patent Law and these Rules shall be in Chinese; Where the state has unified scientific and technical terms, it shall adopt standardized terms; If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated.
In accordance with the Patent Law and these Rules, all kinds of certification documents and certification documents are in foreign languages. When the patent administration department of the State Council deems it necessary, it may require the parties concerned to attach a Chinese translation within a specified time limit; If it is not attached at the expiration date, it shall be deemed that the certificate and supporting documents have not been submitted.
Article 5 All documents mailed to the patent administration department in the State Council shall be submitted on the postmark date; If the postmark date is unclear, the date of receipt by the the State Council Patent Administration Department shall be the filing date, unless the parties can provide proof.
Various documents of the patent administration department in the State Council can be delivered to the parties by mail, direct delivery or other means. If the parties entrust a patent agency, the documents shall be sent to the patent agency; If a patent agency is not entrusted, the document shall be sent to the contact person specified in the request.
All kinds of documents mailed by the patent administration department in the State Council are presumed to be the date of receipt of the documents by the parties concerned from the date of issuance 15 days later.
Documents that should be served directly in accordance with the provisions of the patent administration department of the State Council shall be served on the date of service.
If the service address of the document is unclear and it cannot be mailed, it can be served on the parties by announcement. From the date of announcement 1 month later, the document shall be deemed to have been delivered.
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 a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may, within two months from the date of removal of the obstacle, at the latest within two years from the date of expiration of the time limit, explain the reasons to the patent administration department in the State Council and request the restoration of his rights with relevant supporting documents.
Where a party concerned delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council for justifiable reasons, resulting in the loss of his rights, he may explain the reasons to the patent administration department in the State Council within 2 months from the date of receiving the notice from the patent administration department in the State Council and request the restoration of his rights.
Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities.
The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 62 of the Patent Law.
Article 8 Where an application for a patent for invention involves national defense secrets and needs to be kept confidential, it shall be accepted by the national defense patent agency; An application for a patent for invention involving national defense secrets that needs to be kept confidential accepted by the patent administration department in the State Council shall be submitted to the national defense patent agency for examination, and the patent administration department in the State Council shall make a decision according to the examination opinions of the national defense patent agency.
In addition to the provisions of the preceding paragraph, after accepting an application for a patent for invention, the patent administrative department of the State Council shall forward the application for confidentiality review to the relevant competent department of the State Council for review; The relevant competent department shall notify the patent administration department of the State Council within 4 months from the date of receiving the application; Where confidentiality is required, the patent administrative department of the State Council shall handle the confidential patent application and notify the applicant.
Article 9 The invention-creation that violates the laws of the state as mentioned in Article 5 of the Patent Law does not include the invention-creation actually prohibited by the laws of the state.
Article 10. Except under the circumstances stipulated in Articles 28 and 42 of the Patent Law, the date of filing mentioned in the Patent Law, where there is priority, means the priority date.
Unless otherwise specified, the filing date mentioned in these Rules refers to the filing date stipulated in Article 28 of the Patent Law.
Article 11 The term "service invention-creation" as mentioned in Article 6 of the Patent Law means:
(a) inventions in their own work;
(2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the original unit.
Units mentioned in Article 6 of the Patent Law include temporary work units; The material and technical 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.