(1) "Treaty" means the Patent Cooperation Treaty;
(2) "Detailed Rules for Implementation" refers to the detailed rules for the implementation of the above-mentioned treaties;
(3) "Treaty administrative regulations" means the administrative regulations of the above-mentioned treaties;
(4) "International Bureau" means the International Bureau of the World Intellectual Property Organization;
(5) "International application" means an application for a patent for invention or utility model filed in accordance with the above-mentioned treaties;
(6) "Patent Office" means the Patent Office of the People's Republic of China.
(7) "Patent Law" means the Patent Law of People's Republic of China (PRC).
(8) "Detailed Rules for Implementation" means the Detailed Rules for Implementation of the Patent Law of People's Republic of China (PRC);
(9) For the purpose of calculating the time limit, "priority date" means: where an international application claims priority, it means the filing date of the earlier application; Where an international application claims multiple priorities, it refers to the filing date of the earliest earlier application; Where the international application does not claim priority, it refers to the international filing date of the international application. Article 3 International applications filed with the Patent Office or designated or selected by China shall be governed by treaties, detailed rules for the implementation of treaties, administrative regulations on treaties and these Provisions. Unless otherwise provided by the treaty, its implementing rules, its administrative regulations or these Provisions, the Patent Law and its implementing rules, after the procedure of the Patent Office as the designated bureau or the selected bureau begins, the international application shall be applicable to the treaty, its implementing rules, its administrative regulations or these Provisions. Chapter II Procedures for International Applications Article 4 As an organ for accepting international applications, the Patent Office is responsible for accepting international applications filed by China citizens or foreigners, foreign enterprises or other foreign organizations who have their habitual residence or business offices in China, and examining and handling such international applications in accordance with the provisions of treaties, detailed rules for the implementation of treaties and treaty administrative regulations.
According to the bilateral agreements signed between China and other contracting countries, the Patent Office can also accept international applications filed by nationals or residents of that country. Article 5 An applicant shall submit an international application in Chinese or English to the Patent Office, which shall include a request, a specification, one or more claims, one or more drawings (if necessary) and an abstract. Article 6 The date on which the Patent Office receives an international application that complies with the provisions of Article 11, paragraph 1, of the Treaty shall be the date of international application.
The second sentence of Article 28 of the Patent Law does not apply to the determination of the international filing date.
Where the international application does not conform to the provisions of paragraph 1 of Article 11 of the Treaty, the Patent Office shall notify the applicant to make corrections within the time limit specified by the Patent Office in accordance with paragraph 6 of Article 20 of the Detailed Rules for the Implementation of the Treaty. Where the applicant makes corrections as required, the date when the Patent Office receives the corrections shall be the international application date; If the applicant fails to reply at the expiration of the time limit, or after correction, the Patent Office considers that it still does not meet the provisions of the first paragraph of Article 11 of the Treaty, the Patent Office shall promptly notify the applicant that his application will not be treated as an international application.
Where the appended drawings are indicated in the international application, but the appended drawings are not included in the application, the Patent Office shall notify the applicant to submit the appended drawings within 30 days from the date of submitting the incomplete documents.
If the applicant submits the appended drawings within the prescribed time limit, the date when the Patent Office receives the appended drawings shall be the date of international application; Otherwise, the description of the drawing is considered to be nonexistent. Article 7 Where an applicant files an international application with the Patent Office, he may, in accordance with the provisions of Article 8 of the Treaty, claim the priority of one or more prior applications filed in or valid for the Contracting State of the Paris Convention for the Protection of Industrial Property. Where priority is claimed, the provisions of paragraph 10 of Article 4 and paragraph 1 of Article 17 of the Detailed Rules for the Implementation of the Treaty shall apply. Article 8 Where the Patent Office finds that an international application has defects listed in Item (1) of Paragraph 1 of Article 14 of the Treaty, it shall notify the applicant to make corrections in accordance with Article 26 of the Detailed Rules for the Implementation of the Treaty; If it is not corrected, the international application shall be deemed to have been withdrawn and announced by the Patent Office. Chapter III International Search Procedures Article 9 As the competent international search unit for international applications, the Patent Office shall conduct international search of applications in accordance with the provisions of treaties, detailed rules for the implementation of treaties, administrative regulations of treaties and the agreement signed between the Patent Office and the International Bureau in accordance with paragraph 3 of Article 16 of the treaties.
If the Patent Office considers that:
(i) According to Article 13 ter, paragraph 1 (c) or Article 39 of the Rules for the Implementation of the Treaty, the information or subject matter involved in the international application does not need to be searched by the Patent Office, and the Patent Office decides not to search the application, or
(ii) If the specification, the patent claim or the appended drawings do not meet the requirements stipulated in the detailed rules for the implementation of the treaty, so that a meaningful search cannot be conducted, the Patent Office shall make a corresponding announcement to inform the applicant and the International Bureau not to make an international search report. If the situation described in (i) or (ii) only exists in some claims, these claims shall be explained in the international search report, and a search report shall be made for other claims. If the Patent Office considers that the international application does not meet the requirements of the singularity of invention as stipulated in Article 13 of the Detailed Rules for the Implementation of the Treaty, it shall require the applicant to pay a surcharge in accordance with the provisions of Article 40 of the Detailed Rules for the Implementation of the Treaty.
The Patent Office shall make an international search report on the invention ("main invention") first mentioned in the claim of the international application, and make an international search report on the invention part of the international application for which the fee has been paid after paying the required surcharge within the time limit specified in the third paragraph of Article 40 of the Detailed Rules for the Implementation of the Treaty.