Article 52 When an amendment to the description or the claims in an
application for a patent for invention or utility model is made, a replacement
sheet in prescribed form shall be submitted, unless the amendment concerns only
the alteration, insertion or deletion of a few words. Where an amendment to the
drawings or photographs of an application for a patent for design is made, a
replacement sheet shall be submitted as prescribed.
Article 53 In accordance with the provisions of Article 38 of the Patent Law,
the circumstances where an application for a patent for invention shall be
rejected by the Patent Administration Department under the State Council after
examination as to substance are as follows:
(1) where the application does
not comply with the provisions of Rule 2, paragraph one of these Implementing
Regulations;
(2) where the application falls under the provisions of Article
5 or 25 of the Patent Law, or it does not comply with the provisions of Article
22 of the Patent Law or of Rule l3, paragraph one, or of Rule 20, paragraph one,
or of Rule 21, paragraph two of these Implementing Regulations, or the applicant
is not entitled to a patent right in accordance with the provisions of Article 9
of the Patent Law;
(3) where the application does not comply with the
provisions of Article 26, paragraph three or four, or of Article 3l, paragraph
one of the Patent Law;
(4) where the amendment to the application does not
comply with the provisions of Article 33 of the Patent Law, or the divisional
application does not comply with the provisions of Rule 43, paragraph one of
these Implementing Regulations.
Article 54 After the Patent Administration Department under the State Council
issues the notification to grant the patent right, the applicant shall go
through the formalities of registration within two months from the date of
receipt of the notification. If the applicant completes the formalities of
registration within the said time limit, the Patent Administration Department
under the State Council shall grant the patent right, issue the patent
certificate and announce it.
If the applicant does not go through the
formalities of registration within the time limit, he or it shall be deemed to
have abandoned its or his right to obtain the patent right.
Article 55 After the announcement of the decision to grant a patent for
utility model, the patentee of the said patent for utility model may request the
Patent Administration Department under the State Council to make a search report
on the utility model patent.
Where such person requests for a search report
on a utility model patent, he shall submit a request, indicating the patent
number of the said patent for utility model. Each request shall be limited for
one patent for utility model.
After receiving a request for a search report
on a utility model patent, the Patent Administration Department under the State
Council shall proceed to make an examination of the request. Where the request
does not comply with the requirements as prescribed, the said department shall
notify the requesting person to amend the request within a specified time
limit.
Article 56 Where, after examination, the request for a search report on a
utility model patent complies with the provisions, the Patent Administration
Department under the State Council shall promptly make a search report on the
utility model patent.
Where the Patent Administration Department under the
State Council finds, after search, that the patent for utility model concerned
does not comply with the provisions of Article 22 of the Patent Law concerning
novelty or inventiveness, it shall cite the documents considered to be relevant,
state the reasons therefor and send the copies of the cited relevant documents
together with the report.
Article 57 The Patent Administration Department under the State Council shall
correct promptly the mistakes in the patent announcements and documents issued
by it once they are discovered, and the corrections shall be announced.
Chapter IV Reexamination of Patent Application and Invalidation of Patent
Right
Article 58 The Patent Reexamination Board shall consist of technical and
legal experts appointed by the Patent Administration Department under the State
Council. The person responsible for the Patent Administration Department under
the State Council shall be the Director of the Board.
Article 59 Where the applicant requests the Patent Reexamination Board to
make a reexamination in accordance with the provisions of Article 41 of the
Patent Law, it or he shall file a request for reexamination, state the reasons
and, when necessary, attach the relevant supporting documents.
Where
the request for reexamination does not comply with the prescribed form, the
person making the request shall rectify it within the time limit fixed by the
Patent Reexamination Board. If the requesting person fails to meet the time
limit for making rectification, the request for reexamination shall be deemed
not to have been filed.
Article 60 The person making the request may amend its or his application at
the time when it or he requests reexamination or makes responses to the
notification of reexamination of the Patent Reexamination Board. However, the
amendments shall be limited only to remove the defects pointed out in the
decision of rejection of the application, or in the notification of
reexamination.
The amendments to the application for patent shall be in two
copies.
Article 61 The Patent Reexamination Board shall remit the request for
reexamination which the Board has received to the examination department of the
Patent Administration Department under the State Council which has made the
examination of the application concerned to make an examination. Where that
examination department agrees to revoke its former decision upon the request of
the person requesting reexamination, the Patent Reexamination Board shall make a
decision accordingly and notify the requesting person.
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