Chapter VIII Patent Registration and Patent Gazette
Article 88 The Patent Administration Department under the State Council shall
keep a Patent Register in which the registration of the following matters
relating to patent application or patent right shall be made:
(1) any grant
of the patent right;
(2) any transfer of the right of patent application or
the patent right;
(3) any pledge and preservation of the patent right and
their discharge;
(4) any patent license contract for exploitation submitted
for the record;
(5) any invalidation of the patent right;
(6) any
cessation of the patent right;
(7) any restoration of the patent
right;
(8) any compulsory license for exploitation of the patent;
(9) any
change in the name, nationality and address of the patentee.
Article 89 The Patent Administration Department under the State Council shall
publish the Patent Gazette at regular intervals, publishing or announcing the
following:
(1) the bibliographic data contained in patent
applications;
(2) the abstract of the description of an invention or utility
model, the drawings or photographs of a design and its brief explanation;
(3)
any request for examination as to substance of an application for a patent for
invention and any decision made by the Patent Administration Department under
the State Council to proceed on its own initiative to examine as to substance an
application for a patent for invention;
(4) any declassification of secret
patents;
(5) any rejection, withdrawal and deemed withdrawal of an
application for a patent for invention after its publication;
(6) any grant
of the patent right;
(7) any invalidation of the patent right;
(8) any
cessation of the patent right;
(9) any transfer of the patent application or
the patent right;
(10) any patent license contract for exploitation submitted
for the record;
(11) any pledge and preservation of the patent right and
their discharge;
(12) any grant of compulsory license for exploitation of the
patent;
(13) any restoration of a patent application or patent right;
(14)
any change in the name or address of the patentee;
(15) any notification to a
party whose address is not known;
(16) any correction made by the Patent
Administration Department under the State Council; and
(17) any other related
matters.
The description and its drawings, and the claims of an application
for a patent for invention or utility model shall be separately published in
full in pamphlet form by the Patent Administration Department under the State
Council.
Chapter IX Fees
Article 90 When any person files an application for a patent with, or has
other formalities to go through at, the Patent Administration Department under
the State Council, he or it shall pay the following fees:
(1) filing fee,
additional fee for filing application, and printing fee for publishing the
application;
(2) substantive examination fee for an application for patent
for invention, and reexamination fee;
(3) registration fee for the grant of
patent right, printing fee for the announcement of grant of patent right,
maintenance fee for application, and annual fee;
(4) fee for a change in the
bibliographic data, fee for claiming priority, fee for requesting restoration of
rights, fee for requesting extension of a time limit, and fee for establishing a
search report on a utility model patent;
(5) fee for requesting
invalidation, fee for requesting suspension of the patent procedure, fee for
requesting a compulsory license, fee for requesting adjudication on exploitation
fee of a compulsory license.
The amount of the fees referred to in the
preceding paragraph shall be prescribed by the price administration department
under the State Council in conjunction with the Patent Administration Department
under the State Council.
Article 91 The fees provided for in the Patent Law and in these Implementing
Regulations may be paid directly to the Patent Administration Department under
the State Council or paid by way of bank or postal remittance, or by way of any
other means as prescribed by the Patent Administration Department under the
State Council.
Where any fee is paid by way of bank or postal remittance, the
applicant or the patentee shall indicate on the money order at least the correct
filing number or the patent number and the name of the fee paid. If the
requirements as prescribed in this paragraph are not complied with, the payment
of the fee shall be deemed not to have been made.
Where any fee is paid
directly to the Patent Administration Department under the State Council, the
date on which the fee is paid shall be the date of payment; where any fee is
paid by way of postal remittance, the date of remittance indicated by the
postmark shall be the date of payment; where any fee is paid by way of bank
transfer, the date on which the transfer of the fee is done shall be the date of
payment. Where, however, the time between such a date and the date of receipt of
the order by the Patent Administration Department under the State Council lasts
more than fifteen days, unless the date of remittance or transfer is proved by
the bank or the post office, the date of receipt by the Patent Administration
Department under the State Council shall be the date of payment.
Where any
patent fee is paid in excess of the amount as prescribed, paid repeatedly or
wrongly, the party making the payment may, within one year from the date of
payment, request a refund from the Patent Administration Department under the
State Council.
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