1. Delete the second article. 2. Change Article 7 to Article 6, and add a paragraph as the third paragraph: “If a party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights, stating the reasons and, if necessary, Attach the relevant supporting documents and complete the corresponding procedures that should be completed before the rights are lost; if you request the restoration of rights in accordance with the provisions of paragraph 2 of this article, you must also pay the restoration request fee. "3. Article 8 is changed to Article 7. , revised to: "If a patent application involves national defense interests that need to be kept confidential, it shall be accepted and reviewed by the National Defense Patent Agency; if a patent application accepted by the Patent Administration Department of the State Council involves national defense interests that need to be kept confidential, it shall be promptly transferred to the National Defense Patent Agency for review. If no reason for rejection is found in the institutional review, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
“The patent administration department of the State Council believes that the invention or utility model patent application it accepts involves national security other than national defense interests. If there are significant interests that need to be kept confidential, a decision should be made in a timely manner to handle the application as a confidential patent and the applicant should be notified. The special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be prescribed by the patent administration department of the State Council. 4. Add one article as Article 8: "The invention or utility model completed in China as mentioned in Article 20 of the Patent Law refers to the invention or utility model in which the substantive content of the technical solution is completed in China."
“Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China shall request the Patent Administration Department of the State Council to conduct a confidentiality review in one of the following ways:
” (1) If you directly apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, you must submit a request to the Patent Administration Department of the State Council in advance and explain your technical plan in detail;
"(2) Apply to the Patent Administration Department of the State Council in advance If the administrative department intends to apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, it shall submit a request to the patent administration department of the State Council before applying for a patent in a foreign country or submitting an international patent application to a relevant foreign institution.
“Submitting an international patent application to the patent administration department of the State Council shall be deemed to have submitted a confidentiality review request at the same time. "5. Add an article as Article 9: "After receiving a request submitted in accordance with Article 8 of these Rules, the patent administration department of the State Council deems after review that the invention or utility model may involve national security or major interests and needs to be kept confidential, it shall A confidentiality review notice shall be issued to the applicant in a timely manner; if the applicant does not receive a confidentiality review notice within 4 months from the date of submission of the request, the applicant may apply for a foreign patent for the invention or utility model or submit an international patent application to the relevant foreign institution.
“If the patent administration department of the State Council notifies a confidentiality review in accordance with the provisions of the preceding paragraph, it shall make a timely decision on whether confidentiality is required and notify the applicant. The applicant fails to submit the request within 6 months from the date of submission of the request. If a decision is made that confidentiality is required, the invention or utility model may be patented in a foreign country or submitted to the relevant foreign institution for an international patent application. "6. Change Article 11 to Article 12, Paragraph 1 (3). The item is revised to read: "Inventions and creations made within one year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the work performed by the original unit or the tasks assigned by the original unit." 7. Article 13 will be changed. Change to Article 41 and amend to: “If two or more applicants apply for patents for the same invention and creation on the same day (referring to the filing date; if there is priority, it refers to the priority date), they shall apply for a patent after receiving the State Council Patent Application The applicant shall be determined through consultation after notification by the administrative department.
“If the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day (referring to the filing date), he shall apply separately at the time of application. Explain that another patent has been applied for the same invention-creation; if there is no explanation, it shall be handled in accordance with the provisions of Article 9, Paragraph 1 of the Patent Law, which stipulates that only one patent right can be granted for the same invention-creation.
“When the patent administration department of the State Council announces the grant of a utility model patent, it shall announce that the applicant has also applied for an invention patent in accordance with the provisions of paragraph 2 of this article.
“Invention Patent Application After examination and no reason for rejection is found, the patent administration department of the State Council shall notify the applicant to declare a waiver of the utility model patent right within the prescribed time limit. If the applicant declares that he has given up the utility model patent right, the patent administration department of the State Council shall make a decision to grant the invention patent right and announce the applicant's statement of giving up the utility model patent right when announcing the grant of the invention patent right. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the invention patent application; if the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn.
“The utility model patent right shall terminate from the date of announcement of the grant of invention patent right.” 8. Delete Article 14. 9. Change Article 15 to Article 14, and add a paragraph as the third paragraph: “If the patent right is pledged, the pledger and the pledgee *** shall handle the matter with the Patent Administration Department of the State Council at the same time. "10. Change Article 17 to Article 16 and amend it to read: "A request for an invention, utility model or design patent application shall state the following matters:
" (1 ) The name of the invention, utility model or design;
“(2) If the applicant is a Chinese entity or individual, his or her name, address, postal code, organization code or resident identity document number; If the applicant is a foreigner, a foreign enterprise or other foreign organization, his or her name, nationality or country or region of registration;
“(3) Name of the inventor or designer;
"(4) If the applicant entrusts a patent agency, the name and agency code of the entrusted agency, as well as the name, practice certificate number, and contact number of the patent agent designated by the agency;
" (V. ) claims priority, the filing date, application number and the name of the original accepting agency when the applicant first filed a patent application (hereinafter referred to as the earlier application);
"(6) Applicant or patent agent Signature or seal of the organization;
"(7) List of application documents;
"(8) List of additional documents;
"(9) Other needs Relevant matters stated. ”