Article 23 Any dependent claim of an invention or utility model shall contain
a reference portion and a characterizing portion, and be presented in the
following manner:
(l) a reference portion: indicating the serial number(s) of
the claim(s) referred to, and the title of the subject matter;
(2) a
characterizing portion: stating the additional technical features of the
invention or utility model.
Any dependent claim shall only refer to the
preceding claim or claims. Any multiple dependent claims, which refers to two or
more claims, shall refer to the preceding one in the alternative only, and shall
not serve as a basis for any other multiple dependent claims.
Article 24 The abstract shall consist of a summary of the disclosure as
contained in the application for patent for invention or utility model. The
summary shall indicate the title of the invention or utility model, and the
technical field to which the invention or utility model pertains, and shall be
drafted in a way which allows the clear understanding of the technical problem,
the gist of the technical solution of that problem, and the principal use or
uses of the invention or utility model.
The abstract may contain the chemical
formula which best characterizes the invention. In an application for a patent
which contains drawings, the applicant shall provide a figure which best
characterizes the technical features of the invention or utility model. The
scale and the distinctness of the figure shall be as such that a reproduction
with a linear reduction in size to 4cm x 6cm would still enable all details to
be clearly distinguished. The whole text of the abstract shall contain not more
than 300 words. There shall be no commercial advertising in the abstract.
Article 25 Where an invention for which a patent is applied for concerns a
new biological material which is not available to the public and which cannot be
described in the application in such a manner as to enable the invention to be
carried out by a person skilled in the art, the applicant shall, in addition to
the other requirements provided for in the Patent Law and these Implementing
Regulations, go through the following formalities:
(1) depositing a sample of
the biological material with a depositary institution designated by the Patent
Administration Department under the State Council before, or at the latest, on
the date of filing (or the priority date where priority is claimed), and submit
at the time of filing or at the latest, within four months from the filing date,
a receipt of deposit and the viability proof from the depository institution;
where they are not submitted within the specified time limit, the sample of the
biological material shall be deemed not to have been deposited;
(2) giving in
the application document relevant information of the characteristics of the
biological material;
(3) indicating, where the application relates to the
deposit of the biological material, in the request and the description the
scientific name (with its Latin name) and the title and address of the
depositary institution, the date on which the sample of the biological material
was deposited and the accession number of the deposit; where, at the time of
filing, they are not indicated, they shall be supplied within four months from
the date of filing; where after the expiration of the time limit they are not
supplied, the sample of the biological material shall be deemed not to have been
deposited.
Article 26 Where the applicant for a patent for invention has deposited a
sample of the biological material in accordance with the provisions of Rule 25
of these Implementing Regulations, and after the application for patent for
invention is published, any entity or individual that intends to make use of the
biological material to which the application relates, for the purpose of
experiment, shall make a request to the Patent Administration Department under
the State Council, containing the following items:
(1) the name and address
of the requesting person;
(2) an undertaking not to make the biological
material available to any other person;
(3) an undertaking to use the
biological material for experimental purpose only before the grant of the patent
right.
Article 27 The size of drawings or photographs of a design submitted in
accordance with the provisions of Article 27 of the Patent Law shall not be
smaller than 3cm x 8cm, nor larger than l5cm x 22cm.
Where an application for
a patent for design seeking concurrent protection of colors is filed, a drawing
or photograph in color shall be submitted in two copies.
The applicant shall,
in respect of the subject matter of the product incorporating the design which
is in need of protection, submit the relevant views and stereoscopic drawings or
photographs, so as to clearly show the subject matter for which protection is
sought.
Article 28 Where an application for a patent for design is filed, a brief
explanation of the design shall, when necessary, be made.
The brief
explanation of the design shall include the essential portion of the design, the
colors for which protection is sought and the omission of the view of the
product incorporating the design. The brief explanation shall not contain any
commercial advertising and shall not be used to indicate the function of the
product.
Article 29 Where the Patent Administration Department under the State Council
deems necessary, it may require the applicant for a patent for design to submit
a sample or model of the product incorporating the design. The volume of the
sample or model submitted shall not exceed 30cm x 30cm x 30cm, and its weight
shall not surpass l5 kilograms. Articles that are easy to get rotten or broken
or articles that are dangerous shall not be submitted as sample or model.
Article 30 The existing technology referred to in Article 22, paragraph three
of the Patent Law means any technology which has been publicly disclosed in
publications in the country or abroad, or has been publicly used or made known
to the public by any other means in the country, before the date of filing (or
the priority date where priority is claimed), that is, prior art.
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