Chapter 1 General Provisions 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 various procedures stipulated in the Patent Law and these Rules shall be completed in writing or in other forms prescribed by the patent administration department of the State Council. Article 3 Various documents submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; if the state has uniformly stipulated scientific and technological terms, standardized terms shall be used; if there is no unified Chinese translation of foreign names, place names and scientific and technological terms, they shall be indicated original.
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 Administration Department of the State Council may require the party concerned to attach a Chinese translation within a specified period if it deems it necessary; , it is deemed that the certificate and supporting documents have not been submitted. Article 4 For various documents mailed to the Patent Administration Department of the State Council, the postmark date shall be the date of submission; if the postmark date is unclear, unless the party concerned can provide proof, the date of receipt by the Patent Administration Department of the State Council shall be the date of submission.
Various documents from the Patent Administration Department of the State Council can be delivered to the parties by mail, direct delivery or other means. 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 contact person specified in the request.
For various documents mailed by the Patent Administration Department of the State Council, 15 days from the date of issuance of the document will be presumed to be the date when the party concerned receives the document.
For documents that should be delivered directly according to the provisions of the Patent Administration Department of the State Council, 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 will be deemed to have been served after one month has passed since the date of announcement. Article 5 The first day of the various time periods stipulated in the Patent Law and these Rules shall not be counted in the time limit. If the time limit is calculated in years or months, the corresponding day of the last month shall be the expiration date; if there is no corresponding day in the month, the last day of the month shall be the expiration date; if the expiration date is a statutory holiday, the time limit shall be a holiday. The first working day in the future shall be the expiry date. Article 6 If a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to force majeure, resulting in the loss of its rights, the party shall be entitled to a delay within 2 months from the date when the obstacle is eliminated, and at the latest from the expiration of the time limit. Within 2 years from the date of filing, you may request the patent administration department of the State Council to restore your rights.
Except for the circumstances stipulated in the preceding paragraph, if a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to other legitimate reasons, resulting in the loss of its rights, the party may self-receive the State Council Patent Application Request to the Patent Administration Department of the State Council for restoration of rights within 2 months from the date of notification from the administrative department.
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, explain the reasons, attach relevant supporting documents when necessary, and handle the procedures that should be handled before the loss of rights. Corresponding procedures; if you request restoration of rights in accordance with the provisions of paragraph 2 of this article, you must also pay a request fee for restoration of rights.
If the party concerned requests to extend the time limit specified by the patent administration department of the State Council, he shall explain the reasons to the patent administration department of the State Council and go through relevant procedures before the expiration of the time limit.
The provisions of paragraphs 1 and 2 of this article shall not apply to the time limits specified in Articles 24, 29, 42 and 68 of the Patent Law. Article 7 If a patent application involves national defense interests and needs 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 and needs to be kept confidential, it shall be transferred to the National Defense Patent Agency for review in a timely manner. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
If the patent administration department of the State Council believes that the invention or utility model patent application it accepts involves national security or major interests other than national defense interests and needs to be kept confidential, it shall promptly make a decision to handle the application as a confidential patent and notify the applicant . 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. 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 relevant foreign institutions, you must make 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 If you plan to apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution after obtaining a patent, you must 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.
Any submission of an international patent application to the Patent Administration Department of the State Council shall be deemed to have made a confidentiality review request at the same time. Article 9 After receiving a request submitted in accordance with the provisions of Article 8 of these Detailed 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 promptly issue a confidentiality review notice to the applicant; If the applicant does not receive the confidentiality review notice within 4 months from the date of submission of the request, the applicant may apply for a patent in a foreign country 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. If the applicant does not receive a decision that confidentiality is required within 6 months from the date of submission of the request, the applicant may apply for a patent in a foreign country for the invention or utility model or submit an international patent application to the relevant foreign institution.