Decision of the State Council on Amending the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (2002)

1. Article 101 is amended as: "The applicant for an international application shall, within 30 months from the priority date mentioned in Article 2 of the Patent Cooperation Treaty (hereinafter referred to as the" priority date "in this chapter), go through the following procedures for the international application to enter the national phase in China with the patent administration department of the State Council:

(a) Submit a written statement on its international application to enter the national phase of China. The declaration shall indicate the international application number, the type of patent right requested, the name of the invention-creation, the name of the applicant, the address of the applicant and the name of the inventor in Chinese, which shall be consistent with the records of the International Bureau;

(two) to pay the application fee, application surcharge and publication and printing fee stipulated in the first paragraph of Article 90 of these Rules;

(3) If the international application is filed in a language other than Chinese, the Chinese translation of the description, the patent claim, the text in the appended drawings and the abstract of the original international application shall be submitted; If the international application is filed in Chinese, a copy of the abstract in the international publication document shall be submitted;

(4) If the international application has drawings, a copy of the drawings shall be submitted. Where an international application is filed in Chinese, a copy of the abstract and drawings in the international publication document shall be submitted.

If the applicant fails to go through the formalities for entering the national phase of China within the time limit specified in the preceding paragraph, he may go through the formalities before the expiration of the corresponding period of 32 months from the priority date after paying the grace period fee. 2. Article 108 is amended as: "Where the patent administrative department of the State Council is required to process and examine the international application in advance before the expiration of 30 months from the priority date, the applicant shall, in addition to going through the formalities for entering the national phase in China, make a request in accordance with the provisions of paragraph 2 of Article 23 of the Patent Cooperation Treaty. If the International Bureau fails to forward the international application to the patent administration department of the State Council, the applicant shall submit a confirmed copy of the international application. "

This decision shall come into force as of February 6, 2003.

The Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall be revised according to this decision and re-promulgated.