Legal Analysis
The Chinese government submitted a letter of accession to the Patent Cooperation Treaty to the World Intellectual Property Organization. The instrument of accession will take effect on January 1, 1994, at which time our country will become a party to the Patent Cooperation Treaty. To this end, the "Regulations on the Implementation of the Patent Cooperation Treaty in China" have been specially formulated and are now promulgated and shall come into effect on January 1, 1994. If the international application designates China, the applicant may submit an amendment to the claims, description and drawings to the Patent Office within one month from the date of performing the acts specified in Article 19 of these Regulations; however, if the applicant performs the acts specified in Article 19 of these Regulations, When the time limit specified in Article 47(1) of the Regulations expires and the service provided for in Article 47(1) of the Regulations has not yet taken place, the applicant may submit the above-mentioned amendments to the Patent Office within four months from the date of expiration of the time limit. Such modifications shall not exceed the scope of the invention disclosed at the time the international application is filed.
Legal Basis
Article 22 of the "Patent Cooperation Treaty of the People's Republic of China" If the international application designates China, the applicant may perform Article 19 of these regulations Amendments to the claims, description and drawings shall be submitted to the Patent Office within one month from the date of the prescribed act; however, if upon the expiration of the time limit specified in Article 19 of these Regulations, Article 47, Article 1 of the Implementing Regulations of the Treaty If the service specified in paragraph 1 has not yet been carried out, the applicant may submit the above-mentioned amendment to the Patent Office within four months from the expiration date of this period. Such modifications shall not exceed the scope of the invention disclosed at the time the international application is filed.