Chapter III Application for Patent
Article 26. Where an application for a patent for invention or utility model
is filed, a request, a description and its abstract, and claims shall be
submitted.
The request shall state the title of the invention or utility
model, the name of the inventor or creator, the name and the address of the
applicant and other related matters.
The description shall set forth the
invention or utility model in a manner sufficiently clear and complete so as to
enable a person skilled in the re1evant field of techno1ogy to carry it out;
where necessary, drawings are required. The abstract shall state briefly the
main technical points of the invention or utility model.
The claims sha1l be
supported by the description and shal1 state the extent of the patent protection
asked for.
Article 27. Where an app1ication for a patent for design is filed, a
request, drawings or photographs of the design shall be submitted, and the
product incorporating the design and the class to which that product be1ongs
shall be indicated.
Article 28. The date on which the Patent Administration Department
Under the State Council receives the application shall be the date of filing. If
the app1ication is sent by mail, the date of mailing indicated by the postmark
shall be the date of filing.
Article 29. Where , within twelve months from the date on which any
applicant first filed in a foreign country an application for a Patent for
invention or utility model, or within six months from the date on which any
applicant first filed in a foreign country an application for a patent for
design, he or it files in China an application for a patent for the same subject
matter, he or it may, in accordance with any agreement concluded between the
said foreign country and China, or in accordance with any international treaty
to which both countries are party, or on the basis of the principle of mutual
recognition of the right of priority, enjoy a right of priority.
Where,
within twelve months from the date on which any applicant first filed in China
an application for a patent for invention or utility model, he or it files with
the Patent Administration Department Under the State Council an
application for a patent for the same subject matter , he or it may enjoy a
right of priority.
Article 30. Any applicant who claims the right of priority shall make a
written declaration when the application is filed, and submit, within three
months, a copy of the patent application document which was first filed ; if the
applicant fails to make the written declaration or to meet the time limit for
submitting the patent application document, the claim to the right of priority
shall be deemed not to have been made.
Article 3l. An application for a patent for invention or utility
model shall be limited to one invention or uti1ity model. Two or more inventions
or utility models belonging to a single general inventive concept may be filed
as one application.
An application for a patent for design shall be limited
to one design incorporated in one product. Two or more designs which are
incorporated in products belonging to the same c1ass and are sold or used in
sets may be filed as one application.
Article 32. An applicant may withdraw his or its application for a
patent at any time before the patent right is granted.
Article 33. An applicant may amend his or its application for a patent, but
the amendment to the application for a patent for invention or utility model may
not go beyond the scope of the disclosure contained in the initial description
and claims, and the amendment to the application for a patent for design may not
go beyond the scope of the disclosure as shown in the initial drawings or
photographs.
Chapter IV Examination and Approval of Application for Patent
Article 34. Where, after receiving an application for a patent for
invention, the Patent Administration Department Under the State Council, upon
preliminary examination, finds the application to be in conformity with the
requirements of this Law, it shall publish the application promptly after the
expiration of eighteen months from the date of filing. Upon the request of the
applicant, the Patent Administration Department Under the State Council
publishes the application earlier.
Article 35. Upon the request of the applicant for a patent for
invention, made at any time within three years from the date of filing, the
Patent Administration Department Under the State Council will proceed to
examine the application as to its substance. If, without any justified reason,
the applicant fails to meet the time limit for requesting examination as to
substance, the application shall be deemed to have been withdrawn.
The Patent
Administration Department Under the State Council may, on its own
initiative, proceed to examine any application for a patent for invention as to
its substance when it deems it necessary.
Article 36. When the applicant for a patent for invention requests
examination as to substance , he or lit shall furnish pre-filing date reference
materials concerning the invention.
For an application for a patent for
invention that has been already filed in a foreign country, the patent
administration department under the State Council may ask the app1icant to
furnish within a specified time limit documents concerning any search made for
the purpose of examining that application, or concerning the results of any
examination made, in that country. If, at the expiration of the specified time
limit, without any justified reason, the said documents are not furnished, the
application shall be deemed to have been withdrawn.
Article 37. Where the Patent Administration Department Under the State
Council , after it has made the examination as to substance of the application
for a patent for invention, finds that the application is not in conformity with
the provisions of this Law, it shall notify the applicant and request him or it
to submit, within a specified time limit, his or its observations or to amend
the application. If, without any justified reason, the time limit for making
response is not met, the application shall be deemed to have been withdrawn.
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