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Implementing Regulations of the Patent Law of the People's Republic of China Updated: 2006-04-17 14:40 Article 101 Any applicant for an international application entering the
Chinese national phase shall, within 20 months from the priority date as
referred to in Article 2 of the Patent Cooperation Treaty (referred to as "the
priority date" in this chapter), go through the following formalities at the
Patent Administration Department under the State Council; where an international
application elects China within 19 months from "the priority date", and where
the election remains valid, the applicant of the said application entering the
Chinese national phase shall go through the following formalities at the Patent
Administration Department under the State Council within 30 months from "the
priority date": (1) submitting a written statement concerning the entry of
his or its international application into the Chinese national phase. The
statement shall indicate the international application number, and also indicate
in Chinese the kind of patent protection sought, the title of the
invention-creation, the name or title of the applicant, the address of the
applicant and the name of the inventor. Such indications shall be the same as
those recorded by the International Bureau; (2) paying the filing fee, the
additional fee for filing application and the printing fee for publishing the
application as provided in Rule 90, paragraph one of these Implementing
Regulations; (3) where an international application is filed in a language
other than Chinese, the Chinese translation of the description, the claims, the
text matter of the drawings, and the abstract of the initial international
application shall be furnished; where an international application is filed in
Chinese, a copy of the abstract published in the international publication shall
be furnished. (4) where an international application contains drawings, a
copy of the drawings shall be furnished. Where an international application is
filed in Chinese, a copy of the figure of the drawings in the abstract as
published in the international publication shall be furnished. If the
applicant fails to go through the relevant formalities for entering the Chinese
national phase within the time limit prescribed in the preceding paragraph, he
or it may, after paying a surcharge for the late entry, go through these
formalities before the expiration of the respective time limit of 22 months or
32 months respectively from "the priority date".
Article 102 Where the applicant fails to go through the formalities for
entering the Chinese national phase, within the time limit prescribed in Rule
101, paragraph two of these Implementing Regulations or any of the following
circumstance occurs at the expiration of the said time limit, the effect of his
or its international application shall cease in China: (1) where the
international application number is not indicated in the statement concerning
entry into the Chinese national phase; (2) where the filing fee, the printing
fee for publishing the application prescribed in Rule 90, paragraph one of these
Implementing Regulations, or the surcharge for the late entry as prescribed in
Rule 101, paragraph two of these Implementing Regulations is not paid; (3)
where the international application is filed in a language other than Chinese,
the Chinese translation of the description and the claims of the initial
international application are not furnished. Where the effect of an
international application has ceased in China, the provisions of Rule 7,
paragraph two of these Implementing Regulations shall not apply.
Article 103 Where any of the following circumstances occur at the time when
the applicant goes through the formalities for entering the Chinese national
phase, the Patent Administration Department under the State Council shall notify
the applicant to make corrections within the specified time limit: (1) where
the Chinese translation of the abstract or a copy of the abstract is not
furnished; (2) where a copy of the drawings or a copy of the figure of the
drawings in the abstract is not furnished; (3) where the title of the
invention-creation, the name of the applicant, the address of the applicant and
the name of the inventor are not indicated in Chinese in the statement
concerning entry into the Chinese national phase; (4) where the content or
the form of the statement concerning entry into the Chinese national phase is
not in conformity with the provisions. If, at the expiration of the time
limit, the applicant fails to make the corrections, his or its application shall
be deemed to be withdrawn.
Article 104 Where an international application is amended in the
international phase and the applicant requests that the examination be based on
the amended application, the Chinese translation of the amendments shall be
prescribed by the applicant before completion of the technical preparations for
national publication of the application by the Patent Administration Department
under the State Council. Where the Chinese translation is not furnished within
the said time limit, the amendments made in the international phase shall not be
taken into consideration by the Patent Administration Department under the State
Council .
Article 105 When the applicant goes through the formalities for entering the
Chinese national phase, he or it shall also fulfill the following
requirements: (1) where the inventor is not indicated in the international
application, the name of the inventor shall be indicated in the statement
concerning entry into the Chinese national phase; (2) where the applicant has
gone through the formalities for the change in the applicant before the
International Bureau in the international phase, the document certifying the
right of the new applicant to the international application shall be
furnished; (3) where the applicant is not the same person as the applicant of
the earlier application which is the basis of the priority claimed, or where the
applicant has changed his or its name after filing the earlier application, the
document certifying the right of the applicant to claim priority shall be
furnished when necessary; (4) Where any invention-creation to which the
international application relates has one of the events referred to in Article
24, subparagraph (1) or (2) of the Patent Law and where statements have been
made in this respect when the international application was filed, the applicant
shall indicate it in the statement concerning entry into the Chinese national
phase, and furnish the relevant certificates prescribed in Rule 31, paragraph
two of these Implementing Regulations within two months from the date of going
through the formalities for entering the Chinese national phase. Where the
applicant fails to satisfy the requirements provided for in subparagraph (1),
(2) or (3) of the preceding paragraph, the Patent Administration Department
under the State Council shall notify the applicant to make corrections within
the specified time limit. Where, within the time limit, no correction is made in
respect of the requirement provided for in subparagraph (1) or (2), the
application shall be deemed to be withdrawn; Where, within the time limit, no
correction is made in respect of the requirement provided for in subparagraph
(3), the claim for priority shall be deemed not to have been made. Where the
applicant fails to fulfill the requirement provided for in subparagraph (4) of
paragraph one of this Rule, the provisions of Article 24 of the Patent Law
shall not apply to his or its international application.
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