Implementing Regulations of the Patent Law of the People's Republic of China
Updated: 2006-04-17 14:40 rticle 117 Any person may, after approval by the Patent Administration
Department under the State Council, consult or copy the files of the published
or announced patent applications and the Patent Register. Any person may request
the Patent Administration Department under the State Council to issue a copy of
extracts from the Patent Register.
The files of the patent applications which
have been withdrawn or deemed to be withdrawn or which have been rejected, shall
not be preserved after expiration of two years from the date on which the
applications cease to be valid.
Where the patent right has been abandoned,
wholly invalidated or ceased, the files shall not be preserved after expiration
of three years from the date on which the patent right ceases to be valid.
Article 118 Any patent application which is filed with, or any
formality which is gone through at, the Patent Administration Department under
the State Council shall comply with the unified form prescribed by the
Patent Administration Department under the State Council, and signed or sealed
by the applicant, the patentee, any other interested person or his or its
representative. Where any patent agency is appointed, it shall be sealed by such
agency.
Where a change in the name of the inventor, or in the name,
nationality and address of the applicant or the patentee, or in the name and
address of the patent agency and the name of patent agent is requested, a
request for a change in the bibliographic data shall be made to the Patent
Administration Department under the State Council, together with the relevant
certifying documents.
Article 119 The document relating to a patent application or patent
right which is mailed to the Patent Administration Department under the State
Council shall be mailed by registered letter, not by parcel.
Except for any
patent application filed for the first time, any document which is submitted to
and any formality which is gone through at the Patent Administration Department
under the State Council, the filing number or the patent number, the title of
the invention-creation and the name of the applicant or the patentee shall be
indicated.
Only documents relating to the same application shall be included
in one letter.
Article 120 Various kinds of application documents shall be typed or printed.
All the characters shall be in black ink, neat and clear. They shall be free
from any alterations. The drawings shall be made in black ink with the aid of
drafting instruments. The lines shall be uniformly thick and well defined, and
free from alterations.
The request, description, claims, drawings and
abstract shall be numbered separately in Arabic numerals and arranged in
numerical order.
The written language of the application shall run from left
to right. Only one side of each sheet shall be used.
Article 121 The Patent Administration Department under the State Council
shall formulate Guidelines for Examination in accordance with the Patent Law and
these Implementing Regulations.
Article 122 These Implementing Regulations shall enter into force on
July 1, 2001. The Implementing Regulations of the Patent Law of the People's
Republic of China approved by the State Council on December 12, 1992 and
promulgated by the Patent Office of the People's Republic of China on December
21, 1992 shall be repealed at the same time.
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