, which has been released. These Provisions shall come into force as of March 6, 2004.
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Article 1 These Provisions are formulated in accordance with the provisions of Article 3 and Paragraph 2 of Article 16 of the Detailed Rules for the Implementation of the Patent Law in order to standardize the relevant procedures and requirements of patent applications filed in the form of electronic documents through the Internet (hereinafter referred to as electronic patent applications).
Article 2 Anyone who applies for an electronic patent shall sign the User Registration Agreement of the Electronic Patent Application System with China National Intellectual Property Administration in advance (hereinafter referred to as the User Agreement). A patent agency offering electronic patent application agency business shall sign a user agreement with China National Intellectual Property Administration in the name of a patent agency. If the applicant entrusts a patent agency that has signed a user agreement with China National Intellectual Property Administration to handle the electronic patent application business, it is not necessary to sign a user agreement with China National Intellectual Property Administration.
Article 3 Applications for patents for inventions, utility models and designs may be filed in the form of electronic documents. In accordance with paragraph 2 of Article 99 of the Implementing Rules for the Patent Law, if an international application for a patent enters the national phase in China, the documents specified in Article 101 of the Implementing Rules for the Patent Law may be submitted in electronic form. These Provisions shall not apply to those who file an international patent application with China National Intellectual Property Administration in accordance with the first paragraph of Article 99 of the Detailed Rules for the Implementation of the Patent Law.
Article 4 Whoever submits an electronic patent application and related documents shall abide by the file format, data standards, operation specifications and transmission methods specified in the user agreement. If the electronic patent application system fails to receive the electronic patent application and related documents normally due to non-compliance with the above provisions of this article, the electronic patent application will not be accepted and the related documents will be regarded as not submitted.
Article 5 Where an applicant files a patent application in paper form and is accepted, it shall submit relevant documents in paper form in all procedures of patent application. Unless otherwise specified, China National Intellectual Property Administration does not accept the relevant documents submitted by the applicant in electronic form. If it does not conform to the provisions of this paragraph, it shall be deemed as not submitted. Where an applicant files an electronic patent application and it is accepted, it shall submit relevant documents in electronic form in all procedures of the patent application. Unless otherwise specified, China National Intellectual Property Administration does not accept the relevant documents submitted by the applicant in paper form. If it does not conform to the provisions of this paragraph, it shall be deemed as not submitted.
Article 6 Where an applicant files an application for an electronic patent and is accepted, it shall submit the original electronic scanning/image text of the relevant documents required to be submitted in the original form in the Patent Law and its detailed rules for implementation and examination guidelines, and submit the original documents within a specified or specified time limit.
Article 7 Where an applicant applies for an electronic patent, the filing date shall be the date when China National Intellectual Property Administration receives the patent application documents that conform to the provisions of the Patent Law and its detailed rules for implementation. After receiving the patent application fee paid by the applicant within the prescribed time limit, China National Intellectual Property Administration will issue a notice of acceptance to the applicant. Where the applicant submits the patent application documents that conform to the provisions of the Patent Law and its detailed rules for implementation, but fails to pay the patent application fee within the prescribed time limit, China National Intellectual Property Administration shall issue a notice of deemed withdrawal at the same time as the notification of acceptance.
Article 8 Where an electronic patent application is filed, the patent application fee and other fees shall be paid through the Internet. Unless otherwise specified, all fees for electronic patent applications shall be paid in accordance with the amount stipulated in the current charging standards.
Article 9 Where China National Intellectual Property Administration issues all kinds of notices, decisions and other documents to the applicant in the form of electronic documents, the applicant shall obtain them in the manner agreed in the user agreement.
Article 10 The provisions of the Patent Law, its detailed rules for implementation and examination guidelines on patent applications and related documents are applicable to patent applications in electronic form, except for those submitted in paper form.
Eleventh these Provisions shall be interpreted by China National Intellectual Property Administration.
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