Article 1 These detailed rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
Article 2 The invention referred to in the Patent Law refers to a new technical solution proposed for a product, method or improvement thereof.
Utility models as mentioned in the Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.
Appearance design as mentioned in the Patent Law refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial application.
Article 3 All procedures stipulated in the Patent Law and these Rules shall be completed in writing.
Article 4 All documents submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese. The state has uniformly prescribed scientific and technological terminology, and standard terms should be used. If there is no unified Chinese translation of foreign names, place names and scientific and technological terms, the original text should be indicated.
If the various certificates and supporting documents submitted in accordance with the provisions of the Patent Law and these Rules are in foreign languages, the Patent Office may require the party concerned to attach a Chinese translation within a specified period if it deems it necessary; if it is not attached within the specified period, it will be deemed to be The certificate and supporting documents have not been submitted.
Article 5 For various documents mailed to the Patent Office, the postmark date shall be the date of submission. If the postmark date on the envelope is unclear, the date of receipt by the Patent Office shall be the date of submission unless the party concerned can provide proof.
Various documents from the Patent Office can be served to the parties by mail, direct delivery or announcement. If the party has entrusted a patent agency, the documents shall be sent to the patent agency; if the party has not entrusted a patent agency, the documents shall be sent to the first signatory or representative in the request. If the party refuses to receive the document, the document shall be deemed to have been served.
For various documents mailed by the Patent Office, fifteen days from the date of issuance of the document are presumed to be the date when the party receives the document.
For documents that should be sent directly according to the regulations of the Patent Office, the date of delivery shall be the date of service.
If the document delivery address is unclear and cannot be mailed, it can be served to the party by announcement. The document shall be deemed to have been served one month from the date of announcement.