BIZCHINA / Intellectual property

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The files of the patent applications which have been withdrawn or deemed to be withdrawn or which have been rejected, shall not be preserved after expiration of two years from the date on which the applications cease to be valid.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.


 


Page: 1234567891011121314151617

(For more biz stories, please visit Industry Updates)