Implementing Regulations of the Patent Law of the People's Republic of China Updated: 2006-04-17 14:40 Article 106 Where the applicant has made indications concerning deposited
biological materials in accordance with the provisions of the Patent Cooperation
Treaty, the requirements provided for in Rule 25, subparagraph (3) of these
Implementing Regulations shall be deemed to have been fulfilled. In the
statement concerning entry into the Chinese national phase, the applicant shall
indicate the documents recording the particulars of the deposit of the
biological materials, and the exact location of the record in the
documents. Where particulars concerning the deposit of the biological
materials are contained in the description of the international application as
initially filed, but there is no such indication in the statement concerning the
entry into the Chinese national phase, the applicant shall make correction
within four months from the date of going through the formalities for entering
the Chinese national phase. If the correction is not made at the expiration of
the time limit, the biological materials shall be deemed not to have been
deposited. Where the applicant submits the certificates of the deposit and
the viability of the biological materials to the Patent Administration
Department under the State Council within four months from the date of going
through the formalities for entering the Chinese national phase, the deposit of
biological materials shall be deemed to have been made within the time limit as
provided for in Rule 25, subparagraph (1) of these Implementing Regulations.
Article 107 Where the applicant claims one or multiple priorities in the
international phase and such claims remain valid at the time when the
application enters the Chinese national phase, the applicant shall be deemed to
have submitted the written declaration in accordance with the provisions of
Article 30 of the Patent Law. Where there are clerical mistakes or the
application number of the earlier application is missing in the written
declaration claiming the priority made in the international phase, the applicant
may request to make corrections or to fill in the missing application number of
the earlier application at the time of going through the formalities for
entering the Chinese national phase. Where a request for making corrections is
made, the applicant shall pay the fee for correcting the claim for
priority. Where the applicant has submitted a copy of the earlier application
in the international phase in accordance with the provisions of the Patent
Cooperation Treaty, he or it shall be exempted form submitting a copy of the
earlier application to the Patent Administration Department under the State
Council at the time of going through the formalities for entering the Chinese
national phase. Where the applicant has not submitted a copy of the earlier
application in the international phase, and if the Patent Administration
Department under the State Council deems necessary, it may notify the applicant
to submit a copy of the earlier application within the specified time limit. If
no copy is submitted at the expiration of the time limit, his or its claim for
priority shall be deemed not to have been made. Where the claim for priority
is deemed not to have been made in the international phase and the information
is already published by the International Bureau, the applicant may, if he has
justified reasons, request the Patent Administration Department under the State
Council to restore his or its claim for priority at the time of going through
the formalities for entering the Chinese national phase.
Article 108 Where, before the expiration of 20 months from "the priority
date", the applicant files a request with the Patent Administration Department
under the State Council for early processing and examination of his or its
international application, he or it shall, in addition to going through the
formalities for entering the Chinese national phase, submit a request in
accordance with the provisions in Article 23, paragraph two of the Patent
Cooperation Treaty. Where the international application has not been transmitted
by the International Bureau to the Patent Administration Department under the
State Council, the applicant shall submit a confirmed copy of the international
application.
Article 109 With regard to an international application for a patent for
utility model, the applicant may file a request with the Patent Administration
Department under the State Council to amend the description, the drawings and
the claims within one month from the date of going through the formalities for
entering the Chinese national phase. With regard to an international
application for a patent for invention, the provisions of Rule 51, paragraph one
of these Implementing Regulations shall apply.
Article 110 Where the applicant finds that there are mistakes in the Chinese
translation of the description, the claims or the text matter of the drawings as
filed, he or it may correct the translation in accordance with the international
application as filed within the following time limits: (1) before the
completion of technical preparations for national publication by the Patent
Administration Department under the State Council; (2) within three months
from the date of receipt of the notification sent by the Patent Administration
Department under the State Council, stating that the application for a patent
for invention has entered into the substantive examination phase. Where the
applicant intends to correct the mistakes in the translation, he or it shall
file a written request, furnish a replace sheet of the translation and pay the
prescribed fee for the correction of the translation. Where the applicant
makes correction of the translation in accordance with the notification of the
Patent Administration Department under the State Council, he or it shall, within
the specified time limit, go through the formalities prescribed in paragraph two
of this Rule. If the prescribed formalities are not gone through at the
expiration of the time limit, the international application shall be deemed to
be withdrawn.
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