Chapter 1 General Provisions Article 1 These detailed rules are formulated in accordance with the Patent Law of the People's Republic of China. Article 2 The term “invention” as mentioned in the Patent Law refers to new technical solutions proposed for products, methods or their improvements. 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.
The term "design" in the patent law refers to a new design of the shape, pattern, color or combination of a product that is aesthetically pleasing and suitable for industrial application. Article 3 Various 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 Chinese government 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.
In what year was the Patent Law of the People’s Republic of China implemented?
The "Patent Law of the People's Republic of China" on June 1, 2021 is to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote science and technology. Technological progress and economic and social development, specially formulated laws.
To sum up the above issues, if the various certificates and certification documents submitted in accordance with the provisions of the Patent Law and the Implementing Rules of the Patent Law are in foreign languages, the Patent Administration Department of the State Council may require the parties to attach them within a specified period when it deems it necessary. Chinese translation.
Legal basis: "Patent Law of the People's Republic of China"
Article 10 Chinese entities or individuals transfer patent application rights to foreigners, foreign enterprises or other foreign organizations or For patent rights, the procedures shall be handled in accordance with the provisions of relevant laws and administrative regulations.