1. Article 101 is revised to read: “The applicant for an international application shall file the application within 30 days from the priority date referred to in Article 2 of the Patent Cooperation Treaty (referred to as the “priority date” in this chapter). Within this month, go through the following procedures for the international application to enter the Chinese national phase with the Patent Administration Department of the State Council:
(1) Submit a written statement that the international application has entered the Chinese national phase. The international application number should be stated in the statement. And state in Chinese the type of patent right requested, the title of the invention, the name of the applicant, the applicant's address and the name of the inventor. The above content should be consistent with the records of the International Bureau;
(2) Pay the application fee, application surcharge and publication printing fee specified in paragraph 1 of Article 90 of these Rules;
(3) If the international application is filed in a language other than Chinese, the original international application must be submitted. The Chinese translation of the description, claims, drawings and abstract of the application; if the international application is filed in Chinese, a copy of the abstract in the internationally published document shall be submitted;
(4) The international application has attachments If the international application is filed in Chinese, a copy of the abstract and accompanying drawings included in the international publication document shall be submitted.
The applicant fails to enter the Chinese national phase within the time limit specified in the preceding paragraph. For formalities, after paying the grace fee, it can be handled before the expiration of the corresponding period of 32 months from the priority date." 2. Article 108 is revised to: "Before the expiration of 30 months from the priority date. If the Patent Administration Department of the State Council is required to process and examine the international application in advance, the applicant shall not only go through the procedures for entering the Chinese national phase, but also submit a request to the Patent Administration Department of the State Council in accordance with the provisions of Article 23, Paragraph 2, of the Patent Cooperation Treaty. If the department transmits the international application, the applicant shall submit a confirmed copy of the international application. ”
This decision shall come into effect on February 1, 2003.
The "Implementing Rules for the Patent Law of the People's Republic of China" will be revised accordingly and re-announced in accordance with this decision.