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 "Inventions" as mentioned in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.
Utility models as mentioned in the Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.
The term “design” in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. Article 3 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 4 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 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 5 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 6 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 term 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 that month, the last day of the month shall be the expiration date; if the expiration date is a statutory holiday, the expiration date shall be the day after the holiday. The first working day of is the expiration date. Article 7 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, the applicant may request the restoration of rights by explaining the reasons and attaching relevant supporting documents to the patent administration department of the State Council.
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 justifiable reasons, resulting in the loss of its rights, the party may file a claim as of 2 Explain the reasons to the patent administration department of the State Council within three months and request 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 62 of the Patent Law. Article 8 If an invention patent application involves national defense-related national secrets that need to be kept secret, it shall be accepted by the National Defense Patent Agency; an invention patent application accepted by the Patent Administration Department of the State Council that involves national defense-related national secrets that need to be kept confidential shall be handed over to the National Defense Patent Agency for review and shall be handled by the State Council. The patent administration department makes decisions based on the review opinions of the national defense patent agency.
Except as provided in the preceding paragraph, after accepting an invention patent application, the patent administration department of the State Council shall transfer the application that requires confidentiality review to the relevant competent department of the State Council for review; the relevant competent department shall start from the date of receipt of the application. Within 4 months from the date of application, the patent administration department of the State Council will notify the patent administration department of the State Council of the examination results; if confidentiality is required, the patent administration department of the State Council will handle the application as a confidential patent and notify the applicant. Article 9 The inventions and creations that violate national laws as mentioned in Article 5 of the Patent Law do not include inventions and creations whose implementation is prohibited by national laws.
Article 10 Except for the circumstances stipulated in Articles 28 and 42 of the Patent Law, the date of application referred to in the Patent Law shall refer to the date of priority if there is priority.
The filing date referred to in these Rules, unless otherwise provided, refers to the filing date stipulated in Article 28 of the Patent Law. Article 11 The term "service inventions and creations completed in the performance of the tasks of the unit" as mentioned in Article 6 of the Patent Law refers to:
(1) Inventions and creations made in the course of one's own work;
< p>(2) Inventions and creations made in the performance of tasks other than the duties assigned by the unit;(3) Inventions and creations made within one year after resignation, retirement or transfer of work, which are different from the duties assumed by the original unit. Inventions and creations related to work or tasks assigned by the original unit.
The unit referred to in Article 6 of the Patent Law includes temporary work units; the material and technical conditions of the unit referred to in Article 6 of the Patent Law refer to the unit’s funds, equipment, parts, raw materials or Technical information not disclosed to the public, etc.