Article 111 With regard to any international application for a patent for
invention, if the Patent Administration Department under the State Council,
after preliminary examination, considers it in compliance with the provisions of
the Patent Law and these Implementing Regulations, it shall publish it in the
Patent Gazette; where the international application is filed in a language other
than Chinese, the Chinese translation of the international application shall be
published.
Where the international publication of an international
application for a patent for invention by the International Bureau is in
Chinese, the provisions of Article 13 of the Patent Law shall apply from the
date of the international publication. If the international publication by the
International Bureau is in a language other than Chinese, the provisions of
Article 13 of the Patent Law shall apply from the date of the publication of the
Chinese translation by the Patent Administration Department under the State
Council.
With regard to an international application, the publication
referred to in Articles 21 and 22 of the Patent Law means the publication
referred to in paragraph one of this Article.
Article 112 Where two or more inventions or utility models are contained in
an international application, the applicant may, after going through the
formalities for entering the Chinese national phase, submit a divisional
application in accordance with the provisions in Rule 42, paragraph one of these
Implementing Regulations.
Where, in the international phase, some parts of
the international application have not been the subject of international search
or international preliminary examination because the International Searching
Authority or the International Preliminary Examination Authority considers that
the international application does not comply with the requirement of unity of
invention prescribed in the Patent Cooperation Treaty, and the applicant fails
to pay the additional fee, whereas at the time of going through the formalities
for entering the Chinese national phase, the applicant requests that the said
parts be the basis of examination, the Patent Administration Department under
the State Council, finding that the decision concerning unity of invention made
by the International Searching Authority or the International Preliminary
Examination Authority is justified, shall notify the applicant to pay the
restoration fee for unity of invention within the specified time limit. Where
the fee is not paid or not paid in full at the expiration of the prescribed time
limit, those parts of the international application which have not been searched
or have not been the subject of international preliminary examination shall be
deemed to be withdrawn.
Article 113 Where the applicant furnishes the documents and pays the fees in
accordance with the provisions of Rule 101 of these Implementing Regulations,
the date on which the Patent Administration Department under the State Council
receives the documents shall be the date of submitting, and the date on which it
receives the fees shall be the date of payment.
Where there is delay in the
mailing of the documents and the applicant proves, within one month from the
date on which he finds the delay, that the documents have been mailed five days
prior to the expiration of the time limit prescribed in Rule 101 of these
Implementing Regulations, the documents shall be deemed to have been received on
the date on which the time limit expires. However, the time for the applicant to
furnish evidence may not be later than six months after the expiration of the
time limit prescribed in Rule 101 of these Implementing Regulations.
Where
documents are to be submitted to the Patent Administration Department under the
State Council in accordance with the provisions of Rule 101 of these
Implementing Regulations, the applicant may send them by fax. Where the
applicant submits the documents by fax, the date on which the Patent
Administration Department under the State Council receives the fax shall be the
date of submitting. The applicant shall submit to the Patent Administration
Department under the State Council the original copy within 14 days from the
date of the transmission by fax. Where the original copy is not submitted within
the time limit, the documents shall be deemed not to have been submitted.
Article 114 Where an international application claims the priority, the
applicant shall, at the time of going through the formalities for entering the
Chinese national phase, pay the fee for claiming the priority; if the fee is not
paid or not paid in full, the Patent Administration Department under the State
Council shall notify the applicant to pay it within the specified time limit; if
the fee is still not paid or not paid in full at the expiration of the time
limit, the claim for priority shall be deemed not to have been made.
Article 115 Where an international application in the international phase has
been refused to be accorded an international filling date or has been declared
to be deemed withdrawn by an international authority concerned, the applicant
may, within two months from the date on which he or it receives the
notification, request the International Bureau to send the copy of any document
in the file of the international application to the Patent Administration
Department under the State Council, and shall go through the formalities
prescribed in Rule 101 of these Implementing Regulations within the said time
limit at the Patent Administration Department under the State Council. After
receiving the documents sent by the International Bureau, the Patent
Administration Department under the State Council shall review the decision made
by the international authority concerned to find whether it is correct.
Article 116 With regard to a patent right granted on the basis of an
international application, if the scope of protection determined in accordance
with the provisions of Article 56 of the Patent Law exceeds the scope of the
international application in its original language because of incorrect
translation, the scope of protection granted on the international application
shall be limited according to the original language of the application; if the
scope of protection granted on the international application is narrower than
the scope of the application in its original language, the scope of
protection shall be determined according to the patent in the language when it
is granted.
Chapter X Supplementary Provisions
A
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