专利法实施细则(2023)

修改对照文本 专利法实施细则修改介绍

中华人民共和国国务院令

第769号

现公布《国务院关于修改〈中华人民共和国专利法实施细则〉的决定》，自2024年1月20日起施行。

总理 李强

2023年12月11日

中华人民共和国专利法实施细则

（2001年6月15日中华人民共和国国务院令第306号公布　根据2002年12月28日《国务院关于修改〈中华人民共和国专利法实施细则〉的决定》第一次修订　根据2010年1月9日《国务院关于修改〈中华人民共和国专利法实施细则〉的决定》第二次修订　根据2023年12月11日《国务院关于修改〈中华人民共和国专利法实施细则〉的决定》第三次修订）

第一条　根据《中华人民共和国专利法》（以下简称专利法），制定本细则。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 1
These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).

第二条　专利法和本细则规定的各种手续，应当以书面形式或者国务院专利行政部门规定的其他形式办理。以电子数据交换等方式能够有形地表现所载内容，并可以随时调取查用的数据电文（以下统称电子形式），视为书面形式。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 2
All formalities provided in the Patent Law and these Rules shall be fulfilled in written form or in other forms provided by the administrative department for patent under the State Council. A data message (hereinafter referred to as "electronic form") that is capable of expressing its contents in a tangible manner and is readily accessible by means of electronic data interchange or other means is deemed to be in writing.

第三条　依照专利法和本细则规定提交的各种文件应当使用中文；国家有统一规定的科技术语的，应当采用规范词；外国人名、地名和科技术语没有统一中文译文的，应当注明原文。

依照专利法和本细则规定提交的各种证件和证明文件是外文的，国务院专利行政部门认为必要时，可以要求当事人在指定期限内附送中文译文；期满未附送的，视为未提交该证件和证明文件。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 3
Any document to be submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; where there is a unified scientific and technological term stipulated by the State, it shall be a standard term; where there is no unified Chinese translation of a foreign name, place name or scientific and technological term, the original text shall be indicated.
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Rules is in a foreign language, the administrative department for patent under the State Council may, when it deems necessary, request the party concerned to submit a Chinese translation within a specified time limit; where the translation is not submitted at the expiration of the time limit, the certificate or certifying document shall be deemed to have not been submitted.

第四条　向国务院专利行政部门邮寄的各种文件，以寄出的邮戳日为递交日；邮戳日不清晰的，除当事人能够提出证明外，以国务院专利行政部门收到日为递交日。

以电子形式向国务院专利行政部门提交各种文件的，以进入国务院专利行政部门指定的特定电子系统的日期为递交日。

国务院专利行政部门的各种文件，可以通过电子形式、邮寄、直接送交或者其他方式送达当事人。当事人委托专利代理机构的，文件送交专利代理机构；未委托专利代理机构的，文件送交请求书中指明的联系人。

国务院专利行政部门邮寄的各种文件，自文件发出之日起满15日，推定为当事人收到文件之日。当事人提供证据能够证明实际收到文件的日期的，以实际收到日为准。

根据国务院专利行政部门规定应当直接送交的文件，以交付日为送达日。

文件送交地址不清，无法邮寄的，可以通过公告的方式送达当事人。自公告之日起满1个月，该文件视为已经送达。

国务院专利行政部门以电子形式送达的各种文件，以进入当事人认可的电子系统的日期为送达日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 4
Where any document is mailed to the administrative department for patent under the State Council, the date of mailing indicated by the postmark shall be regarded as the date of submission; where the date of mailing indicated by the postmark is not clear, unless the party concerned can provide proof, the date of receipt by the administrative department for patent under the State Council shall be regarded as the date of submission.
Where any document is submitted to the patent administration department under the State Council in electronic form, the date of entry into the specific electronic system designated by the patent administration department under the State Council shall be the date of submission.
All documents of the administrative department for patent under the State Council may be served to the parties concerned by electronic form, mail, direct delivery or other means. Where a party concerned has appointed a patent agency, the documents shall be sent to the patent agency; where no patent agency has been appointed, the documents shall be sent to the contact person specified in the request.
For any document mailed by the administrative department for patent under the State Council, the 15th day from the date of dispatch shall be presumed to be the date of receipt of the document by the party concerned. If the evidence provided by the parties can prove the date of actual receipt of the documents, the date of actual receipt shall prevail.
Where a document is to be delivered directly in accordance with the provisions of the administrative department for patent under the State Council, the date of delivery shall be the date of service.
If the address of the document is not clear and cannot be mailed, it may be served to the parties by public announcement. The document shall be deemed to have been served at the expiration of one month from the date of the announcement.
Where any document is served by the administrative department for patent under the State Council in electronic form, the date of entry into the electronic system recognized by the party concerned shall be the date of service.

第五条　专利法和本细则规定的各种期限开始的当日不计算在期限内，自下一日开始计算。期限以年或者月计算的，以其最后一月的相应日为期限届满日；该月无相应日的，以该月最后一日为期限届满日；期限届满日是法定休假日的，以休假日后的第一个工作日为期限届满日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 5
Any time limit provided in the Patent Law or these Rules shall not be counted from the beginning of the day, but shall be counted from the next day. Where a time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, it shall expire on the last day of that month; if a time limit expires on a statutory holiday, it shall expire on the first working day following that holiday.

第六条　当事人因不可抗拒的事由而延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，自障碍消除之日起2个月内且自期限届满之日起2年内，可以向国务院专利行政部门请求恢复权利。

除前款规定的情形外，当事人因其他正当理由延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，可以自收到国务院专利行政部门的通知之日起2个月内向国务院专利行政部门请求恢复权利；但是，延误复审请求期限的，可以自复审请求期限届满之日起2个月内向国务院专利行政部门请求恢复权利。

当事人依照本条第一款或者第二款的规定请求恢复权利的，应当提交恢复权利请求书，说明理由，必要时附具有关证明文件，并办理权利丧失前应当办理的相应手续；依照本条第二款的规定请求恢复权利的，还应当缴纳恢复权利请求费。

当事人请求延长国务院专利行政部门指定的期限的，应当在期限届满前，向国务院专利行政部门提交延长期限请求书，说明理由，并办理有关手续。

本条第一款和第二款的规定不适用专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
、第二十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十九条
申请人自发明或者实用新型在外国第一次提出专利申请之日起十二个月内，或者自外观设计在外国第一次提出专利申请之日起六个月内，又在中国就相同主题提出专利申请的，依照该外国同中国签订的协议或者共同参加的国际条约，或者依照相互承认优先权的原则，可以享有优先权。
申请人自发明或者实用新型在中国第一次提出专利申请之日起十二个月内，或者自外观设计在中国第一次提出专利申请之日起六个月内，又向国务院专利行政部门就相同主题提出专利申请的，可以享有优先权。
、第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
、第七十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第七十四条
侵犯专利权的诉讼时效为三年，自专利权人或者利害关系人知道或者应当知道侵权行为以及侵权人之日起计算。
发明专利申请公布后至专利权授予前使用该发明未支付适当使用费的，专利权人要求支付使用费的诉讼时效为三年，自专利权人知道或者应当知道他人使用其发明之日起计算，但是，专利权人于专利权授予之日前即已知道或者应当知道的，自专利权授予之日起计算。
规定的期限。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 6
Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed and within two years immediately following the expiration of that time limit, request the Patent Administration Department under the State Council to restore his or its rights.
Where a time limit prescribed in the Patent Law or these Rules or specified by the administrative department for patent under the State Council is not observed by a party concerned due to other justified reasons, resulting in loss of his or its rights, he or it may, within 2 months from the date of receipt of the notification from the administrative department for patent under the State Council, request the administrative department for patent under the State Council to restore his or its rights; However, where the time limit for requesting reexamination is delayed, it may, within two months from the expiration of the time limit for requesting reexamination, request the administrative department for patent under the State Council to restore its rights.
Where a party requests restoration of its rights in accordance with Paragraph 1 or Paragraph 2 of this Article, it shall submit a request for restoration of rights, state the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should have been gone through before the loss of its rights. Where a party requests restoration of rights in accordance with Paragraph 2 of this Article, it shall also pay the fee for requesting restoration of rights.
A party requesting an extension of the time limit specified by the patent administration department under the State Council shall, before the expiration of the time limit, submit a request for extension to the patent administration department under the State Council, state the reasons, and go through the relevant formalities.
The provisions of Paragraph 1 and Paragraph 2 of this Article shall not be applicable to the time limit provided in Article 24, Article 29, Article 42 and Article 74 of the Patent Law.

第七条　专利申请涉及国防利益需要保密的，由国防专利机构受理并进行审查；国务院专利行政部门受理的专利申请涉及国防利益需要保密的，应当及时移交国防专利机构进行审查。经国防专利机构审查没有发现驳回理由的，由国务院专利行政部门作出授予国防专利权的决定。

国务院专利行政部门认为其受理的发明或者实用新型专利申请涉及国防利益以外的国家安全或者重大利益需要保密的，应当及时作出按照保密专利申请处理的决定，并通知申请人。保密专利申请的审查、复审以及保密专利权无效宣告的特殊程序，由国务院专利行政部门规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 7
Where a patent application involves the interests of national defense and needs to be kept confidential, it shall be accepted and examined by the national defense patent office. Where a patent application accepted by the patent administration department under the State Council involves the interests of national defense and needs to be kept confidential, it shall be transferred to the national defense patent office for examination in a timely manner. If no reason for rejection is found after examination by the national defense patent authority, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
Where the administrative department for patent under the State Council considers that the application for patent for invention or utility model it has accepted involves national security or vital interests other than the interests of national defence and needs to be kept confidential, it shall make a timely decision to deal with the application as a confidential patent and notify the applicant. Special procedures for the examination and reexamination of an application for a confidential patent and for the invalidation of a confidential patent right shall be prescribed by the patent administration department under the State Council.

第八条　专利法第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
所称在中国完成的发明或者实用新型，是指技术方案的实质性内容在中国境内完成的发明或者实用新型。

任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当按照下列方式之一请求国务院专利行政部门进行保密审查：

（一）直接向外国申请专利或者向有关国外机构提交专利国际申请的，应当事先向国务院专利行政部门提出请求，并详细说明其技术方案；

（二）向国务院专利行政部门申请专利后拟向外国申请专利或者向有关国外机构提交专利国际申请的，应当在向外国申请专利或者向有关国外机构提交专利国际申请前向国务院专利行政部门提出请求。

向国务院专利行政部门提交专利国际申请的，视为同时提出了保密审查请求。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 8
"Invention or utility model made in China" mentioned in Article 19 of the Patent Law means an invention or utility model in which the substantial content of the technical solution is made in China.
Any entity or individual that files an application in a foreign country for a patent for an invention or utility model completed in China shall, in one of the following ways, request the Patent Administration Department under the State Council to conduct a confidential examination:
(1) Where an application for a patent is filed directly in a foreign country or an international application for a patent is filed with a relevant foreign institution, a request shall be made to the administrative department for patent under the State Council in advance, and its technical scheme shall be explained in detail;
Where, after filing an application for a patent with the patent administration department under the State Council, any person intends to file an application for a patent in a foreign country or to submit an international application for patent to a foreign institution concerned, he or it shall, before filing an application for a patent in a foreign country or submitting an international application for patent to a foreign institution concerned, make a request to the patent administration department under the State Council.
Where an international application for patent is submitted to the administrative department for patent under the State Council, it shall be deemed that a request for confidentiality examination has been made at the same time.

第九条　国务院专利行政部门收到依照本细则第八条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第八条　专利法第十九条所称在中国完成的发明或者实用新型，是指技术方案的实质性内容在中国境内完成的发明或者实用新型。
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当按照下列方式之一请求国务院专利行政部门进行保密审查：
（一）直接向外国申请专利或者向有关国外机构提交专利国际申请的，应当事先向国务院专利行政部门提出请求，并详细说明其技术方案；
（二）向国务院专利行政部门申请专利后拟向外国申请专利或者向有关国外机构提交专利国际申请的，应当在向外国申请专利或者向有关国外机构提交专利国际申请前向国务院专利行政部门提出请求。
向国务院专利行政部门提交专利国际申请的，视为同时提出了保密审查请求。
规定递交的请求后，经过审查认为该发明或者实用新型可能涉及国家安全或者重大利益需要保密的，应当在请求递交日起2个月内向申请人发出保密审查通知；情况复杂的，可以延长2个月。

国务院专利行政部门依照前款规定通知进行保密审查的，应当在请求递交日起4个月内作出是否需要保密的决定，并通知申请人；情况复杂的，可以延长2个月。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 9
Where the administrative department for patent under the State Council, after receiving a request submitted in accordance with Article 8 of these Rules, considers, after examination, that the invention or utility model may involve the security or vital interests of the State and needs to be kept confidential, it shall, within 2 months from the date of submission of the request, issue a notice of confidential examination to the applicant; if the circumstances are complicated, the period may be extended by 2 months.
Where the administrative department for patent under the State Council makes a request for examination in accordance with the preceding paragraph, it shall, within four months from the date of submission of the request, make a decision on whether it is necessary to keep the request confidential and notify the applicant accordingly; if the circumstances are complicated, the period may be extended by two months.

第十条　专利法第五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五条
对违反法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
对违反法律、行政法规的规定获取或者利用遗传资源，并依赖该遗传资源完成的发明创造，不授予专利权。
所称违反法律的发明创造，不包括仅其实施为法律所禁止的发明创造。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 10
"Invention-creation that violates law" mentioned in Article 5 of the Patent Law does not include the invention-creation the exploitation of which is merely prohibited by law.

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 11
The principle of good faith shall be followed in patent application. All kinds of patent applications shall be based on real invention-creation activities and shall not be fraudulent.

第十二条　除专利法第二十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十八条
国务院专利行政部门收到专利申请文件之日为申请日。如果申请文件是邮寄的，以寄出的邮戳日为申请日。
和第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
规定的情形外，专利法所称申请日，有优先权的，指优先权日。

本细则所称申请日，除另有规定的外，是指专利法第二十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十八条
国务院专利行政部门收到专利申请文件之日为申请日。如果申请文件是邮寄的，以寄出的邮戳日为申请日。
规定的申请日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 12
Except for the circumstances provided in Articles 28 and 42 of the Patent Law, the date of filing referred to in the Patent Law means the priority date where priority is claimed.
The filing date mentioned in these Rules, unless otherwise provided, means the filing date provided in Article 28 of the Patent Law.

第十三条　专利法第六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六条
执行本单位的任务或者主要是利用本单位的物质技术条件所完成的发明创造为职务发明创造。职务发明创造申请专利的权利属于该单位，申请被批准后，该单位为专利权人。该单位可以依法处置其职务发明创造申请专利的权利和专利权，促进相关发明创造的实施和运用。
非职务发明创造，申请专利的权利属于发明人或者设计人；申请被批准后，该发明人或者设计人为专利权人。
利用本单位的物质技术条件所完成的发明创造，单位与发明人或者设计人订有合同，对申请专利的权利和专利权的归属作出约定的，从其约定。
所称执行本单位的任务所完成的职务发明创造，是指：

（一）在本职工作中作出的发明创造；

（二）履行本单位交付的本职工作之外的任务所作出的发明创造；

（三）退休、调离原单位后或者劳动、人事关系终止后1年内作出的，与其在原单位承担的本职工作或者原单位分配的任务有关的发明创造。

专利法第六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六条
执行本单位的任务或者主要是利用本单位的物质技术条件所完成的发明创造为职务发明创造。职务发明创造申请专利的权利属于该单位，申请被批准后，该单位为专利权人。该单位可以依法处置其职务发明创造申请专利的权利和专利权，促进相关发明创造的实施和运用。
非职务发明创造，申请专利的权利属于发明人或者设计人；申请被批准后，该发明人或者设计人为专利权人。
利用本单位的物质技术条件所完成的发明创造，单位与发明人或者设计人订有合同，对申请专利的权利和专利权的归属作出约定的，从其约定。
所称本单位，包括临时工作单位；专利法第六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六条
执行本单位的任务或者主要是利用本单位的物质技术条件所完成的发明创造为职务发明创造。职务发明创造申请专利的权利属于该单位，申请被批准后，该单位为专利权人。该单位可以依法处置其职务发明创造申请专利的权利和专利权，促进相关发明创造的实施和运用。
非职务发明创造，申请专利的权利属于发明人或者设计人；申请被批准后，该发明人或者设计人为专利权人。
利用本单位的物质技术条件所完成的发明创造，单位与发明人或者设计人订有合同，对申请专利的权利和专利权的归属作出约定的，从其约定。
所称本单位的物质技术条件，是指本单位的资金、设备、零部件、原材料或者不对外公开的技术信息和资料等。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 13
"a service invention-creation made by a person in execution of the tasks of the entity to which he belongs" mentioned in Article 6 of the Patent Law means:
(1) inventions and creations made in the course of their own work;
(2) Inventions and creations made in the performance of tasks other than their own work assigned by the unit;
(3) Inventions and creations made within one year after retirement or transfer from the original unit or termination of labor or personnel relations, which are related to the work undertaken by the original unit or the tasks assigned by the original unit.
"The entity to which he belongs" mentioned in Article 6 of the Patent Law may also be a temporary entity for which the person works; "material resources of the entity" mentioned in Article 6 of the Patent Law shall include the entity's money, equipment, spare parts, raw materials, or technical information and materials which are not to be disclosed to the public.

第十四条　专利法所称发明人或者设计人，是指对发明创造的实质性特点作出创造性贡献的人。在完成发明创造过程中，只负责组织工作的人、为物质技术条件的利用提供方便的人或者从事其他辅助工作的人，不是发明人或者设计人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 14
"Inventor" or "creator" as mentioned in the Patent Law means any person who has made creative contributions to the substantive features of an invention-creation. "A person who, in the course of accomplishing the invention-creation, is merely responsible for organizational work, or who provides facilities for making use of material and technical means, or who takes part in other auxiliary work, is not an inventor or designer.".

第十五条　除依照专利法第十条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十条
专利申请权和专利权可以转让。
中国单位或者个人向外国人、外国企业或者外国其他组织转让专利申请权或者专利权的，应当依照有关法律、行政法规的规定办理手续。
转让专利申请权或者专利权的，当事人应当订立书面合同，并向国务院专利行政部门登记，由国务院专利行政部门予以公告。专利申请权或者专利权的转让自登记之日起生效。
规定转让专利权外，专利权因其他事由发生转移的，当事人应当凭有关证明文件或者法律文书向国务院专利行政部门办理专利权转移手续。

专利权人与他人订立的专利实施许可合同，应当自合同生效之日起3个月内向国务院专利行政部门备案。

以专利权出质的，由出质人和质权人共同向国务院专利行政部门办理出质登记。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 15
Unless a patent right is assigned in accordance with Article 10 of the Patent Law, the party concerned shall, if the patent right is devolved due to other reasons, fulfill the formalities for the devolution of the patent right to the administrative department for patent under the State Council with relevant certified documents or legal instruments.
Any license contract for exploitation of the patent which has been concluded by the patentee with another person shall, within three months from the date of entry into force of the contract, be filed with the patent administration department under the State Council for the record.
Where a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under the State Council.

第十六条　专利工作应当贯彻党和国家知识产权战略部署，提升我国专利创造、运用、保护、管理和服务水平，支持全面创新，促进创新型国家建设。

国务院专利行政部门应当提升专利信息公共服务能力，完整、准确、及时发布专利信息，提供专利基础数据，促进专利相关数据资源的开放共享、互联互通。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 16
Patent work shall implement the strategic plan of the Party and the state for intellectual property rights, improve the level of patent creation, application, protection, management and service in China, support comprehensive innovation and promote the construction of an innovative country.
The patent administration department under the State Council shall enhance the public service capacity of patent information, publish patent information completely, accurately and timely, provide basic patent data, and promote the open sharing and interconnection of patent-related data resources.
Chapter II Application for Patent

第十七条　申请专利的，应当向国务院专利行政部门提交申请文件。申请文件应当符合规定的要求。

申请人委托专利代理机构向国务院专利行政部门申请专利和办理其他专利事务的，应当同时提交委托书，写明委托权限。

申请人有2人以上且未委托专利代理机构的，除请求书中另有声明的外，以请求书中指明的第一申请人为代表人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 17
Anyone who applies for a patent shall submit application documents to the administrative department for patent under the State Council. The application documents shall meet the prescribed requirements.
Any applicant who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the patent administration department under the State Council, shall submit at the same time a power of attorney indicating the scope of the power entrusted.
Where there are two or more applicants and no patent agency has been entrusted, the first applicant specified in the request shall be the representative unless otherwise stated in the request.

第十八条　依照专利法第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款的规定委托专利代理机构在中国申请专利和办理其他专利事务的，涉及下列事务，申请人或者专利权人可以自行办理：

（一）申请要求优先权的，提交第一次提出的专利申请（以下简称在先申请）文件副本；

（二）缴纳费用；

（三）国务院专利行政部门规定的其他事务。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 18
Where a patent agency is appointed in accordance with the provisions of Article 18, paragraph 1, of the Patent Law to apply for a patent or to have other patent matters to attend to in China, the applicant or the patentee may attend to the following matters on his own:
(1) where the application claims the right of priority, a copy of the patent application document which was first filed (hereinafter referred to as the earlier application);
(2) Payment of fees;
(3) other matters prescribed by the administrative department for patent under the State Council.

第十九条　发明、实用新型或者外观设计专利申请的请求书应当写明下列事项：

（一）发明、实用新型或者外观设计的名称；

（二）申请人是中国单位或者个人的，其名称或者姓名、地址、邮政编码、统一社会信用代码或者身份证件号码；申请人是外国人、外国企业或者外国其他组织的，其姓名或者名称、国籍或者注册的国家或者地区；

（三）发明人或者设计人的姓名；

（四）申请人委托专利代理机构的，受托机构的名称、机构代码以及该机构指定的专利代理师的姓名、专利代理师资格证号码、联系电话；

（五）要求优先权的，在先申请的申请日、申请号以及原受理机构的名称；

（六）申请人或者专利代理机构的签字或者盖章；

（七）申请文件清单；

（八）附加文件清单；

（九）其他需要写明的有关事项。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 19
The request for an application for a patent for invention, utility model or design shall state the following:
(1) the title of the invention, utility model or design;
(2) The name, address, postal code, unified social credit code or identity certificate number of the applicant who is a Chinese entity or individual; the name, nationality or country or region of registration of the applicant who is a foreigner, foreign enterprise or other foreign organization;
(3) The name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and code of the trustee, as well as the name, qualification certificate number and telephone number of the patent agent designated by the trustee;
(5) The filing date and filing number of the earlier application and the name of the original accepting institution for which priority is claimed;
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of additional documents;
(Nine) other relevant matters that need to be specified.

第二十条　发明或者实用新型专利申请的说明书应当写明发明或者实用新型的名称，该名称应当与请求书中的名称一致。说明书应当包括下列内容：

（一）技术领域：写明要求保护的技术方案所属的技术领域；

（二）背景技术：写明对发明或者实用新型的理解、检索、审查有用的背景技术；有可能的，并引证反映这些背景技术的文件；

（三）发明内容：写明发明或者实用新型所要解决的技术问题以及解决其技术问题采用的技术方案，并对照现有技术写明发明或者实用新型的有益效果；

（四）附图说明：说明书有附图的，对各幅附图作简略说明；

（五）具体实施方式：详细写明申请人认为实现发明或者实用新型的优选方式；必要时，举例说明；有附图的，对照附图。

发明或者实用新型专利申请人应当按照前款规定的方式和顺序撰写说明书，并在说明书每一部分前面写明标题，除非其发明或者实用新型的性质用其他方式或者顺序撰写能节约说明书的篇幅并使他人能够准确理解其发明或者实用新型。

发明或者实用新型说明书应当用词规范、语句清楚，并不得使用“如权利要求……所述的……”一类的引用语，也不得使用商业性宣传用语。

发明专利申请包含一个或者多个核苷酸或者氨基酸序列的，说明书应当包括符合国务院专利行政部门规定的序列表。

实用新型专利申请说明书应当有表示要求保护的产品的形状、构造或者其结合的附图。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 20
The description of an application for a patent for invention or utility model shall state the title of the invention or utility model as it appears in the request. The description shall include the following:
(1) technical field: indicating the technical field to which the technical solution under the request for protection belongs;
(2) background technologies: indicating the background technologies useful to the understanding, retrieval and examination of the invention or utility model; and if possible, citing the documents reflecting these background technologies;
(3) the contents of invention: indicating the technical problems to be solved for the invention or utility model and the technical solution adopted for solving the technical problems, and indicating the beneficial effects of the invention or utility model by comparison with the technology currently available;
(4) a description of the drawings: if there are drawings in the specification, a brief description of each drawing shall be made;
(5) the specific mode for carrying out the invention or utility model: indicating in detail the preferred mode contemplated by the applicant for carrying out the invention or utility model; where necessary, illustrating with examples; and comparing with the appended drawings, if any.
An applicant for a patent for invention or utility model shall present the description in accordance with the manner and order provided in the preceding paragraph, and shall indicate the heading in front of each portion of the description, unless a different manner or order would afford a more economical presentation and a more accurate understanding due to the nature of the invention or utility model.
The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain the words "such as the claims …" The stated Commercial advertising terms shall not be used in the first category of quotations.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the description shall contain a sequence table in conformity with the provisions of the administrative department for patent under the State Council.
The specification of an application for a patent for utility model shall include drawings showing the shape, structure, or a combination thereof, of the product sought to be protected.

第二十一条　发明或者实用新型的几幅附图应当按照“图1，图2，……”顺序编号排列。

发明或者实用新型说明书文字部分中未提及的附图标记不得在附图中出现，附图中未出现的附图标记不得在说明书文字部分中提及。申请文件中表示同一组成部分的附图标记应当一致。

附图中除必需的词语外，不应当含有其他注释。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 21
The figures of the appended drawings of the invention or utility model shall be in accordance with "Figure 1, Figure 2" Sequential numbering.
Reference signs not mentioned in the text of the description of the invention or utility model shall not appear in the appended drawings. Reference signs not appearing in the appended drawings shall not appear in the text of the description. The appended drawing reference signs for the same component part in the application documents shall be consistent.
The drawings shall not contain any notes other than the necessary words.

第二十二条　权利要求书应当记载发明或者实用新型的技术特征。

权利要求书有几项权利要求的，应当用阿拉伯数字顺序编号。

权利要求书中使用的科技术语应当与说明书中使用的科技术语一致，可以有化学式或者数学式，但是不得有插图。除绝对必要的外，不得使用“如说明书……部分所述”或者“如图……所示”的用语。

权利要求中的技术特征可以引用说明书附图中相应的标记，该标记应当放在相应的技术特征后并置于括号内，便于理解权利要求。附图标记不得解释为对权利要求的限制。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 22
The patent claim shall state the technical features of the invention or utility model.
Where there are several claims in the patent claim, they shall be numbered consecutively in Arabic numerals.
The technical terminology used in the claims shall be consistent with that used in the description, and may contain chemical or mathematical formulae but no illustrations. Except when absolutely necessary, do not use "as described in the instructions …" Part of the "or" as shown in the figure The term "shown".
The technical features mentioned in the claims may refer to the corresponding reference signs in the drawings of the description, and such reference signs shall follow the corresponding technical features and be placed in parentheses, so that the claims can be easily understood. Reference signs shall not be construed as limiting the claims.

第二十三条　权利要求书应当有独立权利要求，也可以有从属权利要求。

独立权利要求应当从整体上反映发明或者实用新型的技术方案，记载解决技术问题的必要技术特征。

从属权利要求应当用附加的技术特征，对引用的权利要求作进一步限定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 23
The patent claim shall have an independent claim, and may also contain subordinate claims.
An independent claim shall outline the technical solution of an invention or utility model and record the technical features necessary for solving technical problems.
A dependent claim shall further define the cited claim with additional technical features.

第二十四条　发明或者实用新型的独立权利要求应当包括前序部分和特征部分，按照下列规定撰写：

（一）前序部分：写明要求保护的发明或者实用新型技术方案的主题名称和发明或者实用新型主题与最接近的现有技术共有的必要技术特征；

（二）特征部分：使用“其特征是……”或者类似的用语，写明发明或者实用新型区别于最接近的现有技术的技术特征。这些特征和前序部分写明的特征合在一起，限定发明或者实用新型要求保护的范围。

发明或者实用新型的性质不适于用前款方式表达的，独立权利要求可以用其他方式撰写。

一项发明或者实用新型应当只有一个独立权利要求，并写在同一发明或者实用新型的从属权利要求之前。 英文plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 24
An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form:
(I) the preamble portion: indicating the subject title of the technical solution to the invention or utility model which is claimed to be protected and those essential technical features that are common to the subject of the invention or utility model and the closest technology currently available;
(II) Characteristic part: use "characterized by" Or in similar terms, stating the technical features of the invention or utility model, which distinguish it from the closest technology currently available. These features, in combination with the features indicated in the preamble portion, serve to define the scope of protection of the invention or utility model.

第二十五条　发明或者实用新型的从属权利要求应当包括引用部分和限定部分，按照下列规定撰写：

（一）引用部分：写明引用的权利要求的编号及其主题名称；

（二）限定部分：写明发明或者实用新型附加的技术特征。

从属权利要求只能引用在前的权利要求。引用两项以上权利要求的多项从属权利要求，只能以择一方式引用在前的权利要求，并不得作为另一项多项从属权利要求的基础。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 25
An independent claim may be presented in any other form if the nature of the invention or utility model is not suitable to be expressed in the form mentioned in the preceding paragraph.
Each invention or utility model shall have only one independent claim, which shall precede all the subordinate claims of the same invention or utility model.
A subordinate claim of an invention or utility model shall contain a quoting portion and a characterizing portion, and be presented in the following form:
(I) a reference portion: indicating the serial number (s) of the claim (s) referred to and the title of the subject matter;
(II) a characterizing portion: stating the additional technical features of the invention or utility model.
A dependent claim refers only to the preceding claim. A multiple dependent claim, which refers to two or more claims, shall refer to the preceding claim in the alternative only, and shall not serve as a basis for another multiple dependent claim.

第二十六条　说明书摘要应当写明发明或者实用新型专利申请所公开内容的概要，即写明发明或者实用新型的名称和所属技术领域，并清楚地反映所要解决的技术问题、解决该问题的技术方案的要点以及主要用途。

说明书摘要可以包含最能特别强调说明发明的化学式；有附图的专利申请，还应当在请求书中指定一幅最能说明该发明或者实用新型技术特征的说明书附图作为摘要附图。摘要中不得使用商业性宣传用语。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 26
The abstract of the specification shall indicate the outline of the contents made public by the application for a patent for invention or utility model, that is, to indicate the title of the invention or utility model and the field of technology to which it belongs, and shall clearly reflect the technical problem to be solved, the essentials and main uses of the technical solution to this problem.
The abstract of the specification may contain the chemical formula which best characterizes the invention. For an application for a patent which contains drawings, the appended drawing of the specification which best characterizes the invention or utility model shall be designated in the request as the appended drawing of the abstract. Commercial advertising terms shall not be used in the abstract.

第二十七条　申请专利的发明涉及新的生物材料，该生物材料公众不能得到，并且对该生物材料的说明不足以使所属领域的技术人员实施其发明的，除应当符合专利法和本细则的有关规定外，申请人还应当办理下列手续：

（一）在申请日前或者最迟在申请日（有优先权的，指优先权日），将该生物材料的样品提交国务院专利行政部门认可的保藏单位保藏，并在申请时或者最迟自申请日起4个月内提交保藏单位出具的保藏证明和存活证明；期满未提交证明的，该样品视为未提交保藏；

（二）在申请文件中，提供有关该生物材料特征的资料；

（三）涉及生物材料样品保藏的专利申请应当在请求书和说明书中写明该生物材料的分类命名（注明拉丁文名称）、保藏该生物材料样品的单位名称、地址、保藏日期和保藏编号；申请时未写明的，应当自申请日起4个月内补正；期满未补正的，视为未提交保藏。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 27
Where an invention for which a patent is applied for involves a new biomaterial which is not available to the public, and the specification on this biomaterial is not enough to make the technicians who belong to this field to exploit the invention, the applicant shall, in addition to complying with the relevant provisions in the Patent Law and these Rules, fulfill the following formalities:
(1) depositing a sample of the biological material with a depository 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 at the expiry of the time limit, the sample shall be deemed not to have been deposited;
(2) providing information on the characteristics of the biological material in the application documents;
(3) indicating, where the application relates to the deposit of the sample of the biological material, in the request and the description the scientific name (with its Latin name) of the biological material, the name and address of the depository 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 rectified within four months from the date of filing; where they are not rectified at the expiry of the time limit, the deposit shall be deemed not to have been made.

第二十八条　发明专利申请人依照本细则第二十七条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十七条　申请专利的发明涉及新的生物材料，该生物材料公众不能得到，并且对该生物材料的说明不足以使所属领域的技术人员实施其发明的，除应当符合专利法和本细则的有关规定外，申请人还应当办理下列手续：
（一）在申请日前或者最迟在申请日（有优先权的，指优先权日），将该生物材料的样品提交国务院专利行政部门认可的保藏单位保藏，并在申请时或者最迟自申请日起4个月内提交保藏单位出具的保藏证明和存活证明；期满未提交证明的，该样品视为未提交保藏；
（二）在申请文件中，提供有关该生物材料特征的资料；
（三）涉及生物材料样品保藏的专利申请应当在请求书和说明书中写明该生物材料的分类命名（注明拉丁文名称）、保藏该生物材料样品的单位名称、地址、保藏日期和保藏编号；申请时未写明的，应当自申请日起4个月内补正；期满未补正的，视为未提交保藏。
的规定保藏生物材料样品的，在发明专利申请公布后，任何单位或者个人需要将该专利申请所涉及的生物材料作为实验目的使用的，应当向国务院专利行政部门提出请求，并写明下列事项：

（一）请求人的姓名或者名称和地址；

（二）不向其他任何人提供该生物材料的保证；

（三）在授予专利权前，只作为实验目的使用的保证。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 28
Where the applicant for a patent for invention has deposited a sample of the biological material in accordance with the provisions of Rule 27 of these Implementing Regulations, and after the application for a 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:
(1) The name and address of the petitioner;
(2) An undertaking not to make the biological material available to any other person;
(3) an undertaking to use the instrument for experimental purposes only before the grant of the patent right.

第二十九条　专利法所称遗传资源，是指取自人体、动物、植物或者微生物等含有遗传功能单位并具有实际或者潜在价值的材料和利用此类材料产生的遗传信息；专利法所称依赖遗传资源完成的发明创造，是指利用了遗传资源的遗传功能完成的发明创造。

就依赖遗传资源完成的发明创造申请专利的，申请人应当在请求书中予以说明，并填写国务院专利行政部门制定的表格。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 29
"Article 29" Genetic resources "as mentioned in the Patent Law means the materials containing units of genetic function such as human bodies, animals, plants or microorganisms, which are of actual or potential value, and the genetic information derived from the utilization of such materials;" invention-creation made on the basis of genetic resources "as mentioned in the Patent Law means an invention-creation made by making use of the genetic functions of genetic resources.".
Where an application for a patent is filed for an invention-creation made by relying on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department under the State Council.

第三十条　申请人应当就每件外观设计产品所需要保护的内容提交有关图片或者照片。

申请局部外观设计专利的，应当提交整体产品的视图，并用虚线与实线相结合或者其他方式表明所需要保护部分的内容。

申请人请求保护色彩的，应当提交彩色图片或者照片。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 30
The applicant shall submit relevant drawings or photographs of the contents of each design product that needs to be protected.
Where an application for a patent for partial design is filed, a view of the product as a whole shall be submitted, and the contents of the part to be protected shall be indicated by a combination of dotted lines and solid lines or by other means.
Where an applicant requests the protection of colors, he shall submit color pictures or photographs.

第三十一条　外观设计的简要说明应当写明外观设计产品的名称、用途，外观设计的设计要点，并指定一幅最能表明设计要点的图片或者照片。省略视图或者请求保护色彩的，应当在简要说明中写明。

对同一产品的多项相似外观设计提出一件外观设计专利申请的，应当在简要说明中指定其中一项作为基本设计。

申请局部外观设计专利的，应当在简要说明中写明请求保护的部分，已在整体产品的视图中用虚线与实线相结合方式表明的除外。

简要说明不得使用商业性宣传用语，也不得说明产品的性能。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 31
The brief explanation of the design shall indicate the name and use of the design product and the main points of the design, and designate a drawing or photograph that best shows the main points of the design. If the view is omitted or the color is requested to be protected, it shall be indicated in the brief description.
Where one application for a patent for design is filed for several similar designs of the same product, one of them shall be designated as the basic design in the brief description.
Where an application for a patent for partial design is filed, the part for which protection is sought shall be indicated in the brief description, except where it has been indicated by a combination of dashed and solid lines in a view of the product as a whole.
The brief description shall not use commercial advertising terms or describe the performance of the product.

第三十二条　国务院专利行政部门认为必要时，可以要求外观设计专利申请人提交使用外观设计的产品样品或者模型。样品或者模型的体积不得超过30厘米×30厘米×30厘米，重量不得超过15公斤。易腐、易损或者危险品不得作为样品或者模型提交。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 32
The administrative department for patent under the State Council may, when considering it necessary, 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 shall not exceed 30 cm X 30 cm X 30 cm, and the weight shall not exceed 15 kg. Perishable, perishable or dangerous goods shall not be submitted as samples or models.

第三十三条　专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
第（二）项所称中国政府承认的国际展览会，是指国际展览会公约规定的在国际展览局注册或者由其认可的国际展览会。

专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
第（三）项所称学术会议或者技术会议，是指国务院有关主管部门或者全国性学术团体组织召开的学术会议或者技术会议，以及国务院有关主管部门认可的由国际组织召开的学术会议或者技术会议。

申请专利的发明创造有专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
第（二）项或者第（三）项所列情形的，申请人应当在提出专利申请时声明，并自申请日起2个月内提交有关发明创造已经展出或者发表，以及展出或者发表日期的证明文件。

申请专利的发明创造有专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
第（一）项或者第（四）项所列情形的，国务院专利行政部门认为必要时，可以要求申请人在指定期限内提交证明文件。

申请人未依照本条第三款的规定提出声明和提交证明文件的，或者未依照本条第四款的规定在指定期限内提交证明文件的，其申请不适用专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
的规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 33
The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (2) of the Patent Law means an international exhibition registered with or recognized by the International Exhibition Bureau as provided for in the Convention on International Exhibitions.
The academic or technological meeting referred to in Article 24, subparagraph (3) of the Patent Law means any academic or technological meeting organized by a relevant competent department of the State Council or by a national academic organization, or any academic or technological meeting organized by an international organization recognized by a relevant competent department of the State Council.
Where the invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents indicating that the invention-creation has been exhibited or published and with the date of its exhibition or publication.
Where the invention-creation in an application for a patent falls under the provisions of Article 24, subparagraph (1) or (4) of the Patent Law, the administrative department for patent under the State Council may, when it deems necessary, require the applicant to submit a certified document within a specified time limit.
Where the applicant fails to make the declaration and submit the certifying documents in accordance with the provisions of Paragraph 3 of this Rule, or fails to submit the certifying documents within the specified time limit in accordance with the provisions of Paragraph 4 of this Rule, the provisions of Article 24 of the Patent Law shall not apply to his or its application.

第三十四条　申请人依照专利法第三十条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十条
申请人要求发明、实用新型专利优先权的，应当在申请的时候提出书面声明，并且在第一次提出申请之日起十六个月内，提交第一次提出的专利申请文件的副本。
申请人要求外观设计专利优先权的，应当在申请的时候提出书面声明，并且在三个月内提交第一次提出的专利申请文件的副本。
申请人未提出书面声明或者逾期未提交专利申请文件副本的，视为未要求优先权。
的规定要求外国优先权的，申请人提交的在先申请文件副本应当经原受理机构证明。依照国务院专利行政部门与该受理机构签订的协议，国务院专利行政部门通过电子交换等途径获得在先申请文件副本的，视为申请人提交了经该受理机构证明的在先申请文件副本。要求本国优先权，申请人在请求书中写明在先申请的申请日和申请号的，视为提交了在先申请文件副本。

要求优先权，但请求书中漏写或者错写在先申请的申请日、申请号和原受理机构名称中的一项或者两项内容的，国务院专利行政部门应当通知申请人在指定期限内补正；期满未补正的，视为未要求优先权。

要求优先权的申请人的姓名或者名称与在先申请文件副本中记载的申请人姓名或者名称不一致的，应当提交优先权转让证明材料，未提交该证明材料的，视为未要求优先权。

外观设计专利申请人要求外国优先权，其在先申请未包括对外观设计的简要说明，申请人按照本细则第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十一条　外观设计的简要说明应当写明外观设计产品的名称、用途，外观设计的设计要点，并指定一幅最能表明设计要点的图片或者照片。省略视图或者请求保护色彩的，应当在简要说明中写明。
对同一产品的多项相似外观设计提出一件外观设计专利申请的，应当在简要说明中指定其中一项作为基本设计。
申请局部外观设计专利的，应当在简要说明中写明请求保护的部分，已在整体产品的视图中用虚线与实线相结合方式表明的除外。
简要说明不得使用商业性宣传用语，也不得说明产品的性能。
规定提交的简要说明未超出在先申请文件的图片或者照片表示的范围的，不影响其享有优先权。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 34
Where the applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original accepting institution. In accordance with the agreement signed between the patent administration department under the State Council and the accepting institution, where the patent administration department under the State Council obtains a copy of the earlier application document through electronic exchange or other means, it shall be deemed that the applicant has submitted a copy of the earlier application document certified by the accepting institution. Where the domestic priority is claimed and the applicant indicates the filing date and the filing number of the earlier application in the request, the copy of the earlier application documents shall be deemed to have been filed.
Where the right of priority is claimed, but one or two of the date of application, the application number of the earlier application and the name of the original accepting institution are omitted or wrongly stated in the written request, the administrative department for patent under the State Council shall notify the applicant to make rectification within a specified time limit; where the rectification is not made at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the name of the applicant claiming the right of priority is not the same as the name of the applicant recorded in the copy of the earlier application document, the applicant shall submit the documents evidencing the assignment of the right of priority. If the evidencing documents are not submitted, the claim to the right of priority shall be deemed not to have been made.
Where the applicant for a patent for design claims the right of foreign priority, if the earlier application does not contain a brief description of the design, the right of priority shall not be affected where the brief description submitted by the applicant in accordance with Article 31 of these Rules does not go beyond the scope of the drawings or photographs shown in the earlier application document.

第三十五条　申请人在一件专利申请中，可以要求一项或者多项优先权；要求多项优先权的，该申请的优先权期限从最早的优先权日起计算。

发明或者实用新型专利申请人要求本国优先权，在先申请是发明专利申请的，可以就相同主题提出发明或者实用新型专利申请；在先申请是实用新型专利申请的，可以就相同主题提出实用新型或者发明专利申请。外观设计专利申请人要求本国优先权，在先申请是发明或者实用新型专利申请的，可以就附图显示的设计提出相同主题的外观设计专利申请；在先申请是外观设计专利申请的，可以就相同主题提出外观设计专利申请。但是，提出后一申请时，在先申请的主题有下列情形之一的，不得作为要求本国优先权的基础：

（一）已经要求外国优先权或者本国优先权的；

（二）已经被授予专利权的；

（三）属于按照规定提出的分案申请的。

申请人要求本国优先权的，其在先申请自后一申请提出之日起即视为撤回，但外观设计专利申请人要求以发明或者实用新型专利申请作为本国优先权基础的除外。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 35
An applicant may claim one or more priorities for an application for a patent; where more than one priority is claimed, the priority period for the application shall be calculated from the earliest priority date.
Where an applicant for a patent for invention or utility model claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. Where an applicant for a patent for design claims the right of domestic priority, if the earlier application is one for a patent for invention or utility model, he or it may file an application for a patent for design that has the same subject matter as the design shown in the drawings; if the earlier application is one for a patent for design, he or it may file an application for a patent for design that has the same subject matter. However, if, when the later application is filed, the subject matter of the earlier application falls under any of the following circumstances, it may not be the basis for claiming the right of domestic priority:
(1) where the right of foreign or domestic priority has been claimed;
(2) where a patent right has been granted;
(3) where it is a divisional application filed in accordance with the relevant provisions.
Where the applicant claims the right of domestic priority, his or its earlier application shall be deemed to have been withdrawn as of the date on which the later application is filed, except where the applicant for a patent for design claims that the right of domestic priority shall be based on an application for a patent for invention or utility model.

第三十六条　申请人超出专利法第二十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十九条
申请人自发明或者实用新型在外国第一次提出专利申请之日起十二个月内，或者自外观设计在外国第一次提出专利申请之日起六个月内，又在中国就相同主题提出专利申请的，依照该外国同中国签订的协议或者共同参加的国际条约，或者依照相互承认优先权的原则，可以享有优先权。
申请人自发明或者实用新型在中国第一次提出专利申请之日起十二个月内，或者自外观设计在中国第一次提出专利申请之日起六个月内，又向国务院专利行政部门就相同主题提出专利申请的，可以享有优先权。
规定的期限，向国务院专利行政部门就相同主题提出发明或者实用新型专利申请，有正当理由的，可以在期限届满之日起2个月内请求恢复优先权。

第三十七条　发明或者实用新型专利申请人要求了优先权的，可以自优先权日起16个月内或者自申请日起4个月内，请求在请求书中增加或者改正优先权要求。

【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 37
Where an applicant for a patent for invention or utility model claims the right of priority, he may, within 16 months from the priority date or within 4 months from the application date, request that the claim for the right of priority be added to or corrected in the request.

第三十八条　在中国没有经常居所或者营业所的申请人，申请专利或者要求外国优先权的，国务院专利行政部门认为必要时，可以要求其提供下列文件：

（一）申请人是个人的，其国籍证明；

（二）申请人是企业或者其他组织的，其注册的国家或者地区的证明文件；

（三）申请人的所属国，承认中国单位和个人可以按照该国国民的同等条件，在该国享有专利权、优先权和其他与专利有关的权利的证明文件。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 38
Where an application for a patent is filed or the right of foreign priority is claimed by any applicant having no habitual residence or business office in China, the administrative department for patent under the State Council may, when considering it necessary, require the applicant to submit the following documents:
(1) if the applicant is an individual, proof of his nationality;
(2) a certificate issued by the country or region in which the applicant is registered, if the applicant is an enterprise or other organization;
(3) a certified document showing that the country, to which the applicant belongs, recognizes that Chinese entities and individuals are, under the same conditions applied to its nationals, entitled to patent right, right of priority and other related rights in that country.

第三十九条　依照专利法第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第一款规定，可以作为一件专利申请提出的属于一个总的发明构思的两项以上的发明或者实用新型，应当在技术上相互关联，包含一个或者多个相同或者相应的特定技术特征，其中特定技术特征是指每一项发明或者实用新型作为整体，对现有技术作出贡献的技术特征。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 39
Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provision of Article 3l, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" means that each of the inventions or utility models considered as a whole is Technical features contributing to the state of the art.

第四十条　依照专利法第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第二款规定，将同一产品的多项相似外观设计作为一件申请提出的，对该产品的其他设计应当与简要说明中指定的基本设计相似。一件外观设计专利申请中的相似外观设计不得超过10项。

专利法第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第二款所称同一类别并且成套出售或者使用的产品的两项以上外观设计，是指各产品属于分类表中同一大类，习惯上同时出售或者同时使用，而且各产品的外观设计具有相同的设计构思。

将两项以上外观设计作为一件申请提出的，应当将各项外观设计的顺序编号标注在每件外观设计产品各幅图片或者照片的名称之前。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 40
Where several similar designs of the same product are filed as one application in accordance with the provisions of Article 3l, paragraph two of the Patent Law, the remaining designs of the product shall be similar to the basic design specified in the brief description. The number of similar designs in a design patent application shall not exceed 10.
"Two or more designs of products which belong to the same class and are sold or used in sets" mentioned in Paragraph 2 of Article 31 of the Patent Law means that all the products belong to the same class in the classification table and are customarily sold or used at the same time, and the designs of all the products have the same design concept.
Where two or more designs are filed as one application, the sequential numbers of the designs shall be indicated before the titles of the drawings or photographs of each design product.

第四十一条　申请人撤回专利申请的，应当向国务院专利行政部门提出声明，写明发明创造的名称、申请号和申请日。

撤回专利申请的声明在国务院专利行政部门做好公布专利申请文件的印刷准备工作后提出的，申请文件仍予公布；但是，撤回专利申请的声明应当在以后出版的专利公报上予以公告。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 41
When withdrawing an application for a patent, the applicant shall submit to the Patent Administration Department under the State Council a declaration stating the title of the invention-creation, the number and date of the application.
Where a declaration to withdraw an application for a patent is submitted after the administrative department for patent under the State Council has completed the preparations for publishing the application documents, the application documents shall be published as scheduled; however, the declaration to withdraw the application for patent shall be announced in the Patent Gazette published later.
Chapter III Examination and Approval of Patent Application

第四十二条　在初步审查、实质审查、复审和无效宣告程序中，实施审查和审理的人员有下列情形之一的，应当自行回避，当事人或者其他利害关系人可以要求其回避：

（一）是当事人或者其代理人的近亲属的；

（二）与专利申请或者专利权有利害关系的；

（三）与当事人或者其代理人有其他关系，可能影响公正审查和审理的；

（四）复审或者无效宣告程序中，曾参与原申请的审查的。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 42
Any person who is to examine or hear a case in the procedures of preliminary examination, substantial examination, re-examination, or invalidation shall, at his own discretion or upon the request of the parties concerned or any other interested party, avoid being present in any of the following circumstances:
(1) he is a close relative of the party concerned or his agent;
(2) where he has an interest in the application for patent or the patent right;
(Three) there are other relations with the parties or their agents, which may affect the impartial examination and trial;
(4) having participated in the examination of the original application in the reexamination or invalidation procedure.

第四十三条　国务院专利行政部门收到发明或者实用新型专利申请的请求书、说明书（实用新型必须包括附图）和权利要求书，或者外观设计专利申请的请求书、外观设计的图片或者照片和简要说明后，应当明确申请日、给予申请号，并通知申请人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 43
Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (drawings must be included in an application for utility model) and one or more patent claims, or an application for a patent for design consisting of a request, one or more drawings or photographs and a brief explanation of the design, the patent administration department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant.

第四十四条　专利申请文件有下列情形之一的，国务院专利行政部门不予受理，并通知申请人：

（一）发明或者实用新型专利申请缺少请求书、说明书（实用新型无附图）或者权利要求书的，或者外观设计专利申请缺少请求书、图片或者照片、简要说明的；

（二）未使用中文的；

（三）申请文件的格式不符合规定的；

（四）请求书中缺少申请人姓名或者名称，或者缺少地址的；

（五）明显不符合专利法第十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十七条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利的，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，根据本法办理。
或者第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款的规定的；

（六）专利申请类别（发明、实用新型或者外观设计）不明确或者难以确定的。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 44
In any of the following circumstances, the administrative department for patent under the State Council shall not accept the application and notify the applicant:
(1) where the application for a patent for invention or utility model does not contain a request, a description (utility model does not contain drawings) or a claim, or the application for a patent for design does not contain a request, drawings or photographs, or a brief explanation;
(2) where the Chinese language is not used;
(3) The format of the application documents is not in conformity with the provisions;
(4) The name of the applicant or the address of the applicant is missing in the request;
Where it is obviously not in conformity with the provisions of Article 17 or Paragraph 1 of Article 18 of the Patent Law;
(6) where the category (for invention, utility model or design) of the application for a patent is not clear or is difficult to discern.

第四十五条　发明或者实用新型专利申请缺少或者错误提交权利要求书、说明书或者权利要求书、说明书的部分内容，但申请人在递交日要求了优先权的，可以自递交日起2个月内或者在国务院专利行政部门指定的期限内以援引在先申请文件的方式补交。补交的文件符合有关规定的，以首次提交文件的递交日为申请日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 45
Where in an application for a patent for invention or utility model, a claim or a description or part thereof is missing or wrongly submitted, but the applicant claims the right of priority on the date of submission, he may, within 2 months from the date of submission or within the time limit specified by the administrative department for patent under the State Council, submit the application by citing the earlier application documents. If the supplementary documents are in conformity with the relevant provisions, the date of submission of the first document shall be the date of application.

第四十六条　说明书中写有对附图的说明但无附图或者缺少部分附图的，申请人应当在国务院专利行政部门指定的期限内补交附图或者声明取消对附图的说明。申请人补交附图的，以向国务院专利行政部门提交或者邮寄附图之日为申请日；取消对附图的说明的，保留原申请日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 46
Where the specification contains explanatory notes to the drawings but the drawings or part of the drawings are missing, the applicant shall, within the time limit specified by the administrative department for patent under the State Council, submit the drawings or make a declaration for the deletion of the explanatory notes to the drawings. Where the appended drawings are submitted by the applicant, the date of filing or mailing of the appended drawings to the administrative department for patent under the State Council shall be the date of filing. If the description of the appended drawings is deleted, the original date of filing shall be retained.

第四十七条　两个以上的申请人同日（指申请日；有优先权的，指优先权日）分别就同样的发明创造申请专利的，应当在收到国务院专利行政部门的通知后自行协商确定申请人。

同一申请人在同日（指申请日）对同样的发明创造既申请实用新型专利又申请发明专利的，应当在申请时分别说明对同样的发明创造已申请了另一专利；未作说明的，依照专利法第九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第九条
同样的发明创造只能授予一项专利权。但是，同一申请人同日对同样的发明创造既申请实用新型专利又申请发明专利，先获得的实用新型专利权尚未终止，且申请人声明放弃该实用新型专利权的，可以授予发明专利权。
两个以上的申请人分别就同样的发明创造申请专利的，专利权授予最先申请的人。
第一款关于同样的发明创造只能授予一项专利权的规定处理。

国务院专利行政部门公告授予实用新型专利权，应当公告申请人已依照本条第二款的规定同时申请了发明专利的说明。

发明专利申请经审查没有发现驳回理由，国务院专利行政部门应当通知申请人在规定期限内声明放弃实用新型专利权。申请人声明放弃的，国务院专利行政部门应当作出授予发明专利权的决定，并在公告授予发明专利权时一并公告申请人放弃实用新型专利权声明。申请人不同意放弃的，国务院专利行政部门应当驳回该发明专利申请；申请人期满未答复的，视为撤回该发明专利申请。

实用新型专利权自公告授予发明专利权之日起终止。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 47
Where two or more applicants apply for a patent for the identical invention-creation on the same day (the application date or the priority date if there is a right of priority concerned), the applicants shall be determined through consultation among themselves after receiving the notification from the administrative department for patent under the State Council.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same date (the date of application), he\/it shall, at the time of application, state that he\/it has applied for another patent for the same invention-creation; if no statement is made, it shall be dealt with in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right shall be granted for the same invention-creation.
When the patent administration department under the State Council announces the grant of a patent right for utility model, it shall publish a statement that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
Where it is found after examination that there is no cause for rejection of the application for a patent for invention, the patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. Where the applicant has made a declaration of abandonment, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the declaration of abandonment of the patent right for utility model by the applicant together with the announcement of the grant of the patent right for invention. Where the applicant disagrees with the abandonment, the patent administration department under the State Council shall reject the application for a patent for invention. Where the applicant has not made any response at the expiry of the time limit, the application for a patent for invention shall be deemed to have been withdrawn.
The patent right for utility model shall terminate as of the date of the announcement of the grant of the patent right for invention.

第四十八条　一件专利申请包括两项以上发明、实用新型或者外观设计的，申请人可以在本细则第六十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第六十条　国务院专利行政部门发出授予专利权的通知后，申请人应当自收到通知之日起2个月内办理登记手续。申请人按期办理登记手续的，国务院专利行政部门应当授予专利权，颁发专利证书，并予以公告。
期满未办理登记手续的，视为放弃取得专利权的权利。
第一款规定的期限届满前，向国务院专利行政部门提出分案申请；但是，专利申请已经被驳回、撤回或者视为撤回的，不能提出分案申请。

国务院专利行政部门认为一件专利申请不符合专利法第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
和本细则第三十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十九条　依照专利法第三十一条第一款规定，可以作为一件专利申请提出的属于一个总的发明构思的两项以上的发明或者实用新型，应当在技术上相互关联，包含一个或者多个相同或者相应的特定技术特征，其中特定技术特征是指每一项发明或者实用新型作为整体，对现有技术作出贡献的技术特征。
或者第四十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十条　依照专利法第三十一条第二款规定，将同一产品的多项相似外观设计作为一件申请提出的，对该产品的其他设计应当与简要说明中指定的基本设计相似。一件外观设计专利申请中的相似外观设计不得超过10项。
专利法第三十一条第二款所称同一类别并且成套出售或者使用的产品的两项以上外观设计，是指各产品属于分类表中同一大类，习惯上同时出售或者同时使用，而且各产品的外观设计具有相同的设计构思。
将两项以上外观设计作为一件申请提出的，应当将各项外观设计的顺序编号标注在每件外观设计产品各幅图片或者照片的名称之前。
的规定的，应当通知申请人在指定期限内对其申请进行修改；申请人期满未答复的，该申请视为撤回。

分案的申请不得改变原申请的类别。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 48
Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided in Paragraph 1 of Article 60 of these Rules, submit to the administrative department for patent under the State Council a divisional application. However, where an application for a patent has been rejected, withdrawn or deemed to have been withdrawn, the divisional application may not be submitted.
Where the administrative department for patent under the State Council finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Article 39 or 40 of these Rules, it shall notify the applicant to amend the application within a specified time limit. Where the applicant has not made any response at the expiry of the time limit, the application shall be deemed to have been withdrawn.
A divisional application shall not change the category of the original application.

第四十九条　依照本细则第四十八条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十八条　一件专利申请包括两项以上发明、实用新型或者外观设计的，申请人可以在本细则第六十条第一款规定的期限届满前，向国务院专利行政部门提出分案申请；但是，专利申请已经被驳回、撤回或者视为撤回的，不能提出分案申请。
国务院专利行政部门认为一件专利申请不符合专利法第三十一条和本细则第三十九条或者第四十条的规定的，应当通知申请人在指定期限内对其申请进行修改；申请人期满未答复的，该申请视为撤回。
分案的申请不得改变原申请的类别。
规定提出的分案申请，可以保留原申请日，享有优先权的，可以保留优先权日，但是不得超出原申请记载的范围。

分案申请应当依照专利法及本细则的规定办理有关手续。

分案申请的请求书中应当写明原申请的申请号和申请日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 49
For a divisional application filed in accordance with the provisions of Article 48 of these Rules, the initial application date may be reserved; if the right of priority is enjoyed, the priority date may be reserved, provided that the divisional application does not go beyond the scope of the initial application.
The divisional application shall go through relevant formalities in accordance with the provisions of the Patent Law and these Rules.
The application number and the application date of the original application shall be indicated in the written request for the division of application.

第五十条　专利法第三十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十四条
国务院专利行政部门收到发明专利申请后，经初步审查认为符合本法要求的，自申请日起满十八个月，即行公布。国务院专利行政部门可以根据申请人的请求早日公布其申请。
和第四十条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十条
实用新型和外观设计专利申请经初步审查没有发现驳回理由的，由国务院专利行政部门作出授予实用新型专利权或者外观设计专利权的决定，发给相应的专利证书，同时予以登记和公告。实用新型专利权和外观设计专利权自公告之日起生效。
所称初步审查，是指审查专利申请是否具备专利法第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
或者第二十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十七条
申请外观设计专利的，应当提交请求书、该外观设计的图片或者照片以及对该外观设计的简要说明等文件。
申请人提交的有关图片或者照片应当清楚地显示要求专利保护的产品的外观设计。
规定的文件和其他必要的文件，这些文件是否符合规定的格式，并审查下列各项：

（一）发明专利申请是否明显属于专利法第五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五条
对违反法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
对违反法律、行政法规的规定获取或者利用遗传资源，并依赖该遗传资源完成的发明创造，不授予专利权。
、第二十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十五条
对下列各项，不授予专利权：
（一）科学发现；
（二）智力活动的规则和方法；
（三）疾病的诊断和治疗方法；
（四）动物和植物品种；
（五）原子核变换方法以及用原子核变换方法获得的物质；
（六）对平面印刷品的图案、色彩或者二者的结合作出的主要起标识作用的设计。
对前款第（四）项所列产品的生产方法，可以依照本法规定授予专利权。
规定的情形，是否不符合专利法第十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十七条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利的，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，根据本法办理。
、第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
第一款或者本细则第十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。
、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十九条　发明、实用新型或者外观设计专利申请的请求书应当写明下列事项：
（一）发明、实用新型或者外观设计的名称；
（二）申请人是中国单位或者个人的，其名称或者姓名、地址、邮政编码、统一社会信用代码或者身份证件号码；申请人是外国人、外国企业或者外国其他组织的，其姓名或者名称、国籍或者注册的国家或者地区；
（三）发明人或者设计人的姓名；
（四）申请人委托专利代理机构的，受托机构的名称、机构代码以及该机构指定的专利代理师的姓名、专利代理师资格证号码、联系电话；
（五）要求优先权的，在先申请的申请日、申请号以及原受理机构的名称；
（六）申请人或者专利代理机构的签字或者盖章；
（七）申请文件清单；
（八）附加文件清单；
（九）其他需要写明的有关事项。
、第二十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十九条　专利法所称遗传资源，是指取自人体、动物、植物或者微生物等含有遗传功能单位并具有实际或者潜在价值的材料和利用此类材料产生的遗传信息；专利法所称依赖遗传资源完成的发明创造，是指利用了遗传资源的遗传功能完成的发明创造。
就依赖遗传资源完成的发明创造申请专利的，申请人应当在请求书中予以说明，并填写国务院专利行政部门制定的表格。
第二款的规定，是否明显不符合专利法第二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二条
本法所称的发明创造是指发明、实用新型和外观设计。
发明，是指对产品、方法或者其改进所提出的新的技术方案。
实用新型，是指对产品的形状、构造或者其结合所提出的适于实用的新的技术方案。
外观设计，是指对产品的整体或者局部的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。
第二款、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第五款、第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第一款、第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十三条
申请人可以对其专利申请文件进行修改，但是，对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求书记载的范围，对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。
或者本细则第二十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十条　发明或者实用新型专利申请的说明书应当写明发明或者实用新型的名称，该名称应当与请求书中的名称一致。说明书应当包括下列内容：
（一）技术领域：写明要求保护的技术方案所属的技术领域；
（二）背景技术：写明对发明或者实用新型的理解、检索、审查有用的背景技术；有可能的，并引证反映这些背景技术的文件；
（三）发明内容：写明发明或者实用新型所要解决的技术问题以及解决其技术问题采用的技术方案，并对照现有技术写明发明或者实用新型的有益效果；
（四）附图说明：说明书有附图的，对各幅附图作简略说明；
（五）具体实施方式：详细写明申请人认为实现发明或者实用新型的优选方式；必要时，举例说明；有附图的，对照附图。
发明或者实用新型专利申请人应当按照前款规定的方式和顺序撰写说明书，并在说明书每一部分前面写明标题，除非其发明或者实用新型的性质用其他方式或者顺序撰写能节约说明书的篇幅并使他人能够准确理解其发明或者实用新型。
发明或者实用新型说明书应当用词规范、语句清楚，并不得使用“如权利要求……所述的……”一类的引用语，也不得使用商业性宣传用语。
发明专利申请包含一个或者多个核苷酸或者氨基酸序列的，说明书应当包括符合国务院专利行政部门规定的序列表。
实用新型专利申请说明书应当有表示要求保护的产品的形状、构造或者其结合的附图。
至第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十四条　发明或者实用新型的独立权利要求应当包括前序部分和特征部分，按照下列规定撰写：
（一）前序部分：写明要求保护的发明或者实用新型技术方案的主题名称和发明或者实用新型主题与最接近的现有技术共有的必要技术特征；
（二）特征部分：使用“其特征是……”或者类似的用语，写明发明或者实用新型区别于最接近的现有技术的技术特征。这些特征和前序部分写明的特征合在一起，限定发明或者实用新型要求保护的范围。
发明或者实用新型的性质不适于用前款方式表达的，独立权利要求可以用其他方式撰写。
一项发明或者实用新型应当只有一个独立权利要求，并写在同一发明或者实用新型的从属权利要求之前。
英文
的规定；

（二）实用新型专利申请是否明显属于专利法第五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五条
对违反法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
对违反法律、行政法规的规定获取或者利用遗传资源，并依赖该遗传资源完成的发明创造，不授予专利权。
、第二十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十五条
对下列各项，不授予专利权：
（一）科学发现；
（二）智力活动的规则和方法；
（三）疾病的诊断和治疗方法；
（四）动物和植物品种；
（五）原子核变换方法以及用原子核变换方法获得的物质；
（六）对平面印刷品的图案、色彩或者二者的结合作出的主要起标识作用的设计。
对前款第（四）项所列产品的生产方法，可以依照本法规定授予专利权。
规定的情形，是否不符合专利法第十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十七条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利的，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，根据本法办理。
、第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
第一款或者本细则第十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。
、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十九条　发明、实用新型或者外观设计专利申请的请求书应当写明下列事项：
（一）发明、实用新型或者外观设计的名称；
（二）申请人是中国单位或者个人的，其名称或者姓名、地址、邮政编码、统一社会信用代码或者身份证件号码；申请人是外国人、外国企业或者外国其他组织的，其姓名或者名称、国籍或者注册的国家或者地区；
（三）发明人或者设计人的姓名；
（四）申请人委托专利代理机构的，受托机构的名称、机构代码以及该机构指定的专利代理师的姓名、专利代理师资格证号码、联系电话；
（五）要求优先权的，在先申请的申请日、申请号以及原受理机构的名称；
（六）申请人或者专利代理机构的签字或者盖章；
（七）申请文件清单；
（八）附加文件清单；
（九）其他需要写明的有关事项。
至第二十二条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十二条　权利要求书应当记载发明或者实用新型的技术特征。
权利要求书有几项权利要求的，应当用阿拉伯数字顺序编号。
权利要求书中使用的科技术语应当与说明书中使用的科技术语一致，可以有化学式或者数学式，但是不得有插图。除绝对必要的外，不得使用“如说明书……部分所述”或者“如图……所示”的用语。
权利要求中的技术特征可以引用说明书附图中相应的标记，该标记应当放在相应的技术特征后并置于括号内，便于理解权利要求。附图标记不得解释为对权利要求的限制。
、第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十四条　发明或者实用新型的独立权利要求应当包括前序部分和特征部分，按照下列规定撰写：
（一）前序部分：写明要求保护的发明或者实用新型技术方案的主题名称和发明或者实用新型主题与最接近的现有技术共有的必要技术特征；
（二）特征部分：使用“其特征是……”或者类似的用语，写明发明或者实用新型区别于最接近的现有技术的技术特征。这些特征和前序部分写明的特征合在一起，限定发明或者实用新型要求保护的范围。
发明或者实用新型的性质不适于用前款方式表达的，独立权利要求可以用其他方式撰写。
一项发明或者实用新型应当只有一个独立权利要求，并写在同一发明或者实用新型的从属权利要求之前。
英文
至第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十六条　说明书摘要应当写明发明或者实用新型专利申请所公开内容的概要，即写明发明或者实用新型的名称和所属技术领域，并清楚地反映所要解决的技术问题、解决该问题的技术方案的要点以及主要用途。
说明书摘要可以包含最能特别强调说明发明的化学式；有附图的专利申请，还应当在请求书中指定一幅最能说明该发明或者实用新型技术特征的说明书附图作为摘要附图。摘要中不得使用商业性宣传用语。
的规定，是否明显不符合专利法第二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二条
本法所称的发明创造是指发明、实用新型和外观设计。
发明，是指对产品、方法或者其改进所提出的新的技术方案。
实用新型，是指对产品的形状、构造或者其结合所提出的适于实用的新的技术方案。
外观设计，是指对产品的整体或者局部的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。
第三款、第二十二条、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第三款、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第四款、第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第一款、第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十三条
申请人可以对其专利申请文件进行修改，但是，对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求书记载的范围，对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。
或者本细则第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十三条　权利要求书应当有独立权利要求，也可以有从属权利要求。
独立权利要求应当从整体上反映发明或者实用新型的技术方案，记载解决技术问题的必要技术特征。
从属权利要求应当用附加的技术特征，对引用的权利要求作进一步限定。
、第四十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十九条　依照本细则第四十八条规定提出的分案申请，可以保留原申请日，享有优先权的，可以保留优先权日，但是不得超出原申请记载的范围。
分案申请应当依照专利法及本细则的规定办理有关手续。
分案申请的请求书中应当写明原申请的申请号和申请日。
第一款的规定，是否依照专利法第九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第九条
同样的发明创造只能授予一项专利权。但是，同一申请人同日对同样的发明创造既申请实用新型专利又申请发明专利，先获得的实用新型专利权尚未终止，且申请人声明放弃该实用新型专利权的，可以授予发明专利权。
两个以上的申请人分别就同样的发明创造申请专利的，专利权授予最先申请的人。
规定不能取得专利权；

（三）外观设计专利申请是否明显属于专利法第五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五条
对违反法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
对违反法律、行政法规的规定获取或者利用遗传资源，并依赖该遗传资源完成的发明创造，不授予专利权。
、第二十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十五条
对下列各项，不授予专利权：
（一）科学发现；
（二）智力活动的规则和方法；
（三）疾病的诊断和治疗方法；
（四）动物和植物品种；
（五）原子核变换方法以及用原子核变换方法获得的物质；
（六）对平面印刷品的图案、色彩或者二者的结合作出的主要起标识作用的设计。
对前款第（四）项所列产品的生产方法，可以依照本法规定授予专利权。
第一款第（六）项规定的情形，是否不符合专利法第十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十七条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利的，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，根据本法办理。
、第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款或者本细则第十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。
、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十九条　发明、实用新型或者外观设计专利申请的请求书应当写明下列事项：
（一）发明、实用新型或者外观设计的名称；
（二）申请人是中国单位或者个人的，其名称或者姓名、地址、邮政编码、统一社会信用代码或者身份证件号码；申请人是外国人、外国企业或者外国其他组织的，其姓名或者名称、国籍或者注册的国家或者地区；
（三）发明人或者设计人的姓名；
（四）申请人委托专利代理机构的，受托机构的名称、机构代码以及该机构指定的专利代理师的姓名、专利代理师资格证号码、联系电话；
（五）要求优先权的，在先申请的申请日、申请号以及原受理机构的名称；
（六）申请人或者专利代理机构的签字或者盖章；
（七）申请文件清单；
（八）附加文件清单；
（九）其他需要写明的有关事项。
、第三十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十条　申请人应当就每件外观设计产品所需要保护的内容提交有关图片或者照片。
申请局部外观设计专利的，应当提交整体产品的视图，并用虚线与实线相结合或者其他方式表明所需要保护部分的内容。
申请人请求保护色彩的，应当提交彩色图片或者照片。
、第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十一条　外观设计的简要说明应当写明外观设计产品的名称、用途，外观设计的设计要点，并指定一幅最能表明设计要点的图片或者照片。省略视图或者请求保护色彩的，应当在简要说明中写明。
对同一产品的多项相似外观设计提出一件外观设计专利申请的，应当在简要说明中指定其中一项作为基本设计。
申请局部外观设计专利的，应当在简要说明中写明请求保护的部分，已在整体产品的视图中用虚线与实线相结合方式表明的除外。
简要说明不得使用商业性宣传用语，也不得说明产品的性能。
的规定，是否明显不符合专利法第二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二条
本法所称的发明创造是指发明、实用新型和外观设计。
发明，是指对产品、方法或者其改进所提出的新的技术方案。
实用新型，是指对产品的形状、构造或者其结合所提出的适于实用的新的技术方案。
外观设计，是指对产品的整体或者局部的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。
第四款、第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十三条
授予专利权的外观设计，应当不属于现有设计；也没有任何单位或者个人就同样的外观设计在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公告的专利文件中。
授予专利权的外观设计与现有设计或者现有设计特征的组合相比，应当具有明显区别。
授予专利权的外观设计不得与他人在申请日以前已经取得的合法权利相冲突。
本法所称现有设计，是指申请日以前在国内外为公众所知的设计。
第一款、第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十三条
授予专利权的外观设计，应当不属于现有设计；也没有任何单位或者个人就同样的外观设计在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公告的专利文件中。
授予专利权的外观设计与现有设计或者现有设计特征的组合相比，应当具有明显区别。
授予专利权的外观设计不得与他人在申请日以前已经取得的合法权利相冲突。
本法所称现有设计，是指申请日以前在国内外为公众所知的设计。
第二款、第二十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十七条
申请外观设计专利的，应当提交请求书、该外观设计的图片或者照片以及对该外观设计的简要说明等文件。
申请人提交的有关图片或者照片应当清楚地显示要求专利保护的产品的外观设计。
第二款、第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第二款、第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十三条
申请人可以对其专利申请文件进行修改，但是，对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求书记载的范围，对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。
或者本细则第四十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十九条　依照本细则第四十八条规定提出的分案申请，可以保留原申请日，享有优先权的，可以保留优先权日，但是不得超出原申请记载的范围。
分案申请应当依照专利法及本细则的规定办理有关手续。
分案申请的请求书中应当写明原申请的申请号和申请日。
第一款的规定，是否依照专利法第九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第九条
同样的发明创造只能授予一项专利权。但是，同一申请人同日对同样的发明创造既申请实用新型专利又申请发明专利，先获得的实用新型专利权尚未终止，且申请人声明放弃该实用新型专利权的，可以授予发明专利权。
两个以上的申请人分别就同样的发明创造申请专利的，专利权授予最先申请的人。
规定不能取得专利权；

（四）申请文件是否符合本细则第二条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二条　专利法和本细则规定的各种手续，应当以书面形式或者国务院专利行政部门规定的其他形式办理。以电子数据交换等方式能够有形地表现所载内容，并可以随时调取查用的数据电文（以下统称电子形式），视为书面形式。
、第三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三条　依照专利法和本细则规定提交的各种文件应当使用中文；国家有统一规定的科技术语的，应当采用规范词；外国人名、地名和科技术语没有统一中文译文的，应当注明原文。
依照专利法和本细则规定提交的各种证件和证明文件是外文的，国务院专利行政部门认为必要时，可以要求当事人在指定期限内附送中文译文；期满未附送的，视为未提交该证件和证明文件。
第一款的规定。

国务院专利行政部门应当将审查意见通知申请人，要求其在指定期限内陈述意见或者补正；申请人期满未答复的，其申请视为撤回。申请人陈述意见或者补正后，国务院专利行政部门仍然认为不符合前款所列各项规定的，应当予以驳回。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 50
"Preliminary examination" mentioned in Article 34 and Article 40 of the Patent Law means the examination of an application for a patent to see whether or not it contains the documents provided in Article 26 or Article 27 of the Patent Law and other necessary documents, and whether or not these documents are in conformity with the provided format, which also includes an examination of the following:
(1) whether or not any application for a patent for invention obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, or Paragraph 1 of Article 18, or Paragraph 1 of Article 19 of the Patent Law, or of Rule 11, Rule 19, or Paragraph 2 of Rule 29 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 2, Article 26, paragraph 5, Article 31, paragraph 1, Article 33 of the Patent Law or Articles 20 to 24 of these Rules;
(2) whether or not an application for a patent for utility model obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, Paragraph 1 of Article 18, Paragraph 1 of Article 19 of the Patent Law or Articles 11, 19 to 22, 24 to 26 of these Rules, Whether it is obviously not in conformity with the provisions of Article 2, paragraph 3, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 31, paragraph 1, Article 33 of the Patent Law or Article 23, Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(3) whether or not any application for a patent for design obviously falls under the provisions of Article 5 or of Article 25, paragraph one, subparagraph (6) of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17 or of Article 18, paragraph one of the Patent Law or of Rule 11, 19, 30, 31 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 4, Article 23, paragraph 1, Article 23, paragraph 2, Article 27, paragraph 2, Article 31, paragraph 2, Article 33 of the Patent Law or Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(4) Whether the application documents conform to the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.
The administrative department for patent under the State Council shall notify the applicant of its opinions from the examination and request the applicant to state his\/its opinions or make corrections within the specified time limit. Where the applicant fails to make any response at the expiry of the time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or its observations or corrections, the administrative department for patent under the State Council still finds that the application is not in conformity with the provisions in the preceding paragraph, the application shall be rejected.

第五十一条　除专利申请文件外，申请人向国务院专利行政部门提交的与专利申请有关的其他文件有下列情形之一的，视为未提交：

（一）未使用规定的格式或者填写不符合规定的；

（二）未按照规定提交证明材料的。

国务院专利行政部门应当将视为未提交的审查意见通知申请人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 51
In any of the following circumstances, any document relating to a patent application, other than the patent application documents, which is submitted to the administrative department for patent under the State Council, shall be deemed to have not been submitted:
(1) failing to use the prescribed format or filling in the form does not conform to the provisions;
(Two) failing to submit supporting materials in accordance with the regulations.
The administrative department for patent under the State Council shall notify the applicant of the examination opinion that it is deemed not to have been submitted.

第五十二条　申请人请求早日公布其发明专利申请的，应当向国务院专利行政部门声明。国务院专利行政部门对该申请进行初步审查后，除予以驳回的外，应当立即将申请予以公布。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

====== Implementation Rules of the Patent Law of the People's Republic of China (machine translation)
(Promulgated by Order No.306 of the State Council of the People's Republic of China on June 15, 2001) Revised for the first time in accordance with the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 28, 2002 According to the second revision of the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on January 9, 2010, and the third revision of the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 11, 2023)
Chapter I General Provisions
Rule 1
These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
Rule 2
All formalities provided in the Patent Law and these Rules shall be fulfilled in written form or in other forms provided by the administrative department for patent under the State Council. A data message (hereinafter referred to as "electronic form") that is capable of expressing its contents in a tangible manner and is readily accessible by means of electronic data interchange or other means is deemed to be in writing.
Rule 3
Any document to be submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; where there is a unified scientific and technological term stipulated by the State, it shall be a standard term; where there is no unified Chinese translation of a foreign name, place name or scientific and technological term, the original text shall be indicated.
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Rules is in a foreign language, the administrative department for patent under the State Council may, when it deems necessary, request the party concerned to submit a Chinese translation within a specified time limit; where the translation is not submitted at the expiration of the time limit, the certificate or certifying document shall be deemed to have not been submitted.
Rule 4
Where any document is mailed to the administrative department for patent under the State Council, the date of mailing indicated by the postmark shall be regarded as the date of submission; where the date of mailing indicated by the postmark is not clear, unless the party concerned can provide proof, the date of receipt by the administrative department for patent under the State Council shall be regarded as the date of submission.
Where any document is submitted to the patent administration department under the State Council in electronic form, the date of entry into the specific electronic system designated by the patent administration department under the State Council shall be the date of submission.
All documents of the administrative department for patent under the State Council may be served to the parties concerned by electronic form, mail, direct delivery or other means. Where a party concerned has appointed a patent agency, the documents shall be sent to the patent agency; where no patent agency has been appointed, the documents shall be sent to the contact person specified in the request.
For any document mailed by the administrative department for patent under the State Council, the 15th day from the date of dispatch shall be presumed to be the date of receipt of the document by the party concerned. If the evidence provided by the parties can prove the date of actual receipt of the documents, the date of actual receipt shall prevail.
Where a document is to be delivered directly in accordance with the provisions of the administrative department for patent under the State Council, the date of delivery shall be the date of service.
If the address of the document is not clear and cannot be mailed, it may be served to the parties by public announcement. The document shall be deemed to have been served at the expiration of one month from the date of the announcement.
Where any document is served by the administrative department for patent under the State Council in electronic form, the date of entry into the electronic system recognized by the party concerned shall be the date of service.
Rule 5
Any time limit provided in the Patent Law or these Rules shall not be counted from the beginning of the day, but shall be counted from the next day. Where a time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, it shall expire on the last day of that month; if a time limit expires on a statutory holiday, it shall expire on the first working day following that holiday.
Rule 6
Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed and within two years immediately following the expiration of that time limit, request the Patent Administration Department under the State Council to restore his or its rights.
Where a time limit prescribed in the Patent Law or these Rules or specified by the administrative department for patent under the State Council is not observed by a party concerned due to other justified reasons, resulting in loss of his or its rights, he or it may, within 2 months from the date of receipt of the notification from the administrative department for patent under the State Council, request the administrative department for patent under the State Council to restore his or its rights; However, where the time limit for requesting reexamination is delayed, it may, within two months from the expiration of the time limit for requesting reexamination, request the administrative department for patent under the State Council to restore its rights.
Where a party requests restoration of its rights in accordance with Paragraph 1 or Paragraph 2 of this Article, it shall submit a request for restoration of rights, state the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should have been gone through before the loss of its rights. Where a party requests restoration of rights in accordance with Paragraph 2 of this Article, it shall also pay the fee for requesting restoration of rights.
A party requesting an extension of the time limit specified by the patent administration department under the State Council shall, before the expiration of the time limit, submit a request for extension to the patent administration department under the State Council, state the reasons, and go through the relevant formalities.
The provisions of Paragraph 1 and Paragraph 2 of this Article shall not be applicable to the time limit provided in Article 24, Article 29, Article 42 and Article 74 of the Patent Law.
Rule 7
Where a patent application involves the interests of national defense and needs to be kept confidential, it shall be accepted and examined by the national defense patent office. Where a patent application accepted by the patent administration department under the State Council involves the interests of national defense and needs to be kept confidential, it shall be transferred to the national defense patent office for examination in a timely manner. If no reason for rejection is found after examination by the national defense patent authority, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
Where the administrative department for patent under the State Council considers that the application for patent for invention or utility model it has accepted involves national security or vital interests other than the interests of national defence and needs to be kept confidential, it shall make a timely decision to deal with the application as a confidential patent and notify the applicant. Special procedures for the examination and reexamination of an application for a confidential patent and for the invalidation of a confidential patent right shall be prescribed by the patent administration department under the State Council.
Rule 8
"Invention or utility model made in China" mentioned in Article 19 of the Patent Law means an invention or utility model in which the substantial content of the technical solution is made in China.
Any entity or individual that files an application in a foreign country for a patent for an invention or utility model completed in China shall, in one of the following ways, request the Patent Administration Department under the State Council to conduct a confidential examination:
(1) Where an application for a patent is filed directly in a foreign country or an international application for a patent is filed with a relevant foreign institution, a request shall be made to the administrative department for patent under the State Council in advance, and its technical scheme shall be explained in detail;
Where, after filing an application for a patent with the patent administration department under the State Council, any person intends to file an application for a patent in a foreign country or to submit an international application for patent to a foreign institution concerned, he or it shall, before filing an application for a patent in a foreign country or submitting an international application for patent to a foreign institution concerned, make a request to the patent administration department under the State Council.
Where an international application for patent is submitted to the administrative department for patent under the State Council, it shall be deemed that a request for confidentiality examination has been made at the same time.
Rule 9
Where the administrative department for patent under the State Council, after receiving a request submitted in accordance with Article 8 of these Rules, considers, after examination, that the invention or utility model may involve the security or vital interests of the State and needs to be kept confidential, it shall, within 2 months from the date of submission of the request, issue a notice of confidential examination to the applicant; if the circumstances are complicated, the period may be extended by 2 months.
Where the administrative department for patent under the State Council makes a request for examination in accordance with the preceding paragraph, it shall, within four months from the date of submission of the request, make a decision on whether it is necessary to keep the request confidential and notify the applicant accordingly; if the circumstances are complicated, the period may be extended by two months.
Rule 10
"Invention-creation that violates law" mentioned in Article 5 of the Patent Law does not include the invention-creation the exploitation of which is merely prohibited by law.
Rule 11
The principle of good faith shall be followed in patent application. All kinds of patent applications shall be based on real invention-creation activities and shall not be fraudulent.
Rule 12
Except for the circumstances provided in Articles 28 and 42 of the Patent Law, the date of filing referred to in the Patent Law means the priority date where priority is claimed.
The filing date mentioned in these Rules, unless otherwise provided, means the filing date provided in Article 28 of the Patent Law.
Rule 13
"a service invention-creation made by a person in execution of the tasks of the entity to which he belongs" mentioned in Article 6 of the Patent Law means:
(1) inventions and creations made in the course of their own work;
(2) Inventions and creations made in the performance of tasks other than their own work assigned by the unit;
(3) Inventions and creations made within one year after retirement or transfer from the original unit or termination of labor or personnel relations, which are related to the work undertaken by the original unit or the tasks assigned by the original unit.
"The entity to which he belongs" mentioned in Article 6 of the Patent Law may also be a temporary entity for which the person works; "material resources of the entity" mentioned in Article 6 of the Patent Law shall include the entity's money, equipment, spare parts, raw materials, or technical information and materials which are not to be disclosed to the public.
Rule 14
"Inventor" or "creator" as mentioned in the Patent Law means any person who has made creative contributions to the substantive features of an invention-creation. "A person who, in the course of accomplishing the invention-creation, is merely responsible for organizational work, or who provides facilities for making use of material and technical means, or who takes part in other auxiliary work, is not an inventor or designer.".
Rule 15
Unless a patent right is assigned in accordance with Article 10 of the Patent Law, the party concerned shall, if the patent right is devolved due to other reasons, fulfill the formalities for the devolution of the patent right to the administrative department for patent under the State Council with relevant certified documents or legal instruments.
Any license contract for exploitation of the patent which has been concluded by the patentee with another person shall, within three months from the date of entry into force of the contract, be filed with the patent administration department under the State Council for the record.
Where a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under the State Council.
Rule 16
Patent work shall implement the strategic plan of the Party and the state for intellectual property rights, improve the level of patent creation, application, protection, management and service in China, support comprehensive innovation and promote the construction of an innovative country.
The patent administration department under the State Council shall enhance the public service capacity of patent information, publish patent information completely, accurately and timely, provide basic patent data, and promote the open sharing and interconnection of patent-related data resources.
Chapter II Application for Patent
Rule 17
Anyone who applies for a patent shall submit application documents to the administrative department for patent under the State Council. The application documents shall meet the prescribed requirements.
Any applicant who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the patent administration department under the State Council, shall submit at the same time a power of attorney indicating the scope of the power entrusted.
Where there are two or more applicants and no patent agency has been entrusted, the first applicant specified in the request shall be the representative unless otherwise stated in the request.
Rule 18
Where a patent agency is appointed in accordance with the provisions of Article 18, paragraph 1, of the Patent Law to apply for a patent or to have other patent matters to attend to in China, the applicant or the patentee may attend to the following matters on his own:
(1) where the application claims the right of priority, a copy of the patent application document which was first filed (hereinafter referred to as the earlier application);
(2) Payment of fees;
(3) other matters prescribed by the administrative department for patent under the State Council.
Rule 19
The request for an application for a patent for invention, utility model or design shall state the following:
(1) the title of the invention, utility model or design;
(2) The name, address, postal code, unified social credit code or identity certificate number of the applicant who is a Chinese entity or individual; the name, nationality or country or region of registration of the applicant who is a foreigner, foreign enterprise or other foreign organization;
(3) The name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and code of the trustee, as well as the name, qualification certificate number and telephone number of the patent agent designated by the trustee;
(5) The filing date and filing number of the earlier application and the name of the original accepting institution for which priority is claimed;
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of additional documents;
(Nine) other relevant matters that need to be specified.
Rule 20
The description of an application for a patent for invention or utility model shall state the title of the invention or utility model as it appears in the request. The description shall include the following:
(1) technical field: indicating the technical field to which the technical solution under the request for protection belongs;
(2) background technologies: indicating the background technologies useful to the understanding, retrieval and examination of the invention or utility model; and if possible, citing the documents reflecting these background technologies;
(3) the contents of invention: indicating the technical problems to be solved for the invention or utility model and the technical solution adopted for solving the technical problems, and indicating the beneficial effects of the invention or utility model by comparison with the technology currently available;
(4) a description of the drawings: if there are drawings in the specification, a brief description of each drawing shall be made;
(5) the specific mode for carrying out the invention or utility model: indicating in detail the preferred mode contemplated by the applicant for carrying out the invention or utility model; where necessary, illustrating with examples; and comparing with the appended drawings, if any.
An applicant for a patent for invention or utility model shall present the description in accordance with the manner and order provided in the preceding paragraph, and shall indicate the heading in front of each portion of the description, unless a different manner or order would afford a more economical presentation and a more accurate understanding due to the nature of the invention or utility model.
The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain the words "such as the claims …" The stated Commercial advertising terms shall not be used in the first category of quotations.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the description shall contain a sequence table in conformity with the provisions of the administrative department for patent under the State Council.
The specification of an application for a patent for utility model shall include drawings showing the shape, structure, or a combination thereof, of the product sought to be protected.
Rule 21
The figures of the appended drawings of the invention or utility model shall be in accordance with "Figure 1, Figure 2" Sequential numbering.
Reference signs not mentioned in the text of the description of the invention or utility model shall not appear in the appended drawings. Reference signs not appearing in the appended drawings shall not appear in the text of the description. The appended drawing reference signs for the same component part in the application documents shall be consistent.
The drawings shall not contain any notes other than the necessary words.
Rule 22
The patent claim shall state the technical features of the invention or utility model.
Where there are several claims in the patent claim, they shall be numbered consecutively in Arabic numerals.
The technical terminology used in the claims shall be consistent with that used in the description, and may contain chemical or mathematical formulae but no illustrations. Except when absolutely necessary, do not use "as described in the instructions …" Part of the "or" as shown in the figure The term "shown".
The technical features mentioned in the claims may refer to the corresponding reference signs in the drawings of the description, and such reference signs shall follow the corresponding technical features and be placed in parentheses, so that the claims can be easily understood. Reference signs shall not be construed as limiting the claims.
Rule 23
The patent claim shall have an independent claim, and may also contain subordinate claims.
An independent claim shall outline the technical solution of an invention or utility model and record the technical features necessary for solving technical problems.
A dependent claim shall further define the cited claim with additional technical features.
Rule 24
An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form:
(I) the preamble portion: indicating the subject title of the technical solution to the invention or utility model which is claimed to be protected and those essential technical features that are common to the subject of the invention or utility model and the closest technology currently available;
(II) Characteristic part: use "characterized by" Or in similar terms, stating the technical features of the invention or utility model, which distinguish it from the closest technology currently available. These features, in combination with the features indicated in the preamble portion, serve to define the scope of protection of the invention or utility model.
Rule 25
An independent claim may be presented in any other form if the nature of the invention or utility model is not suitable to be expressed in the form mentioned in the preceding paragraph.
Each invention or utility model shall have only one independent claim, which shall precede all the subordinate claims of the same invention or utility model.
A subordinate claim of an invention or utility model shall contain a quoting portion and a characterizing portion, and be presented in the following form:
(I) a reference portion: indicating the serial number (s) of the claim (s) referred to and the title of the subject matter;
(II) a characterizing portion: stating the additional technical features of the invention or utility model.
A dependent claim refers only to the preceding claim. A multiple dependent claim, which refers to two or more claims, shall refer to the preceding claim in the alternative only, and shall not serve as a basis for another multiple dependent claim.
Rule 26
The abstract of the specification shall indicate the outline of the contents made public by the application for a patent for invention or utility model, that is, to indicate the title of the invention or utility model and the field of technology to which it belongs, and shall clearly reflect the technical problem to be solved, the essentials and main uses of the technical solution to this problem.
The abstract of the specification may contain the chemical formula which best characterizes the invention. For an application for a patent which contains drawings, the appended drawing of the specification which best characterizes the invention or utility model shall be designated in the request as the appended drawing of the abstract. Commercial advertising terms shall not be used in the abstract.
Rule 27
Where an invention for which a patent is applied for involves a new biomaterial which is not available to the public, and the specification on this biomaterial is not enough to make the technicians who belong to this field to exploit the invention, the applicant shall, in addition to complying with the relevant provisions in the Patent Law and these Rules, fulfill the following formalities:
(1) depositing a sample of the biological material with a depository 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 at the expiry of the time limit, the sample shall be deemed not to have been deposited;
(2) providing information on the characteristics of the biological material in the application documents;
(3) indicating, where the application relates to the deposit of the sample of the biological material, in the request and the description the scientific name (with its Latin name) of the biological material, the name and address of the depository 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 rectified within four months from the date of filing; where they are not rectified at the expiry of the time limit, the deposit shall be deemed not to have been made.
Rule 28
Where the applicant for a patent for invention has deposited a sample of the biological material in accordance with the provisions of Rule 27 of these Implementing Regulations, and after the application for a 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:
(1) The name and address of the petitioner;
(2) An undertaking not to make the biological material available to any other person;
(3) an undertaking to use the instrument for experimental purposes only before the grant of the patent right.
Rule 29
"Article 29" Genetic resources "as mentioned in the Patent Law means the materials containing units of genetic function such as human bodies, animals, plants or microorganisms, which are of actual or potential value, and the genetic information derived from the utilization of such materials;" invention-creation made on the basis of genetic resources "as mentioned in the Patent Law means an invention-creation made by making use of the genetic functions of genetic resources.".
Where an application for a patent is filed for an invention-creation made by relying on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department under the State Council.
Rule 30
The applicant shall submit relevant drawings or photographs of the contents of each design product that needs to be protected.
Where an application for a patent for partial design is filed, a view of the product as a whole shall be submitted, and the contents of the part to be protected shall be indicated by a combination of dotted lines and solid lines or by other means.
Where an applicant requests the protection of colors, he shall submit color pictures or photographs.
Rule 31
The brief explanation of the design shall indicate the name and use of the design product and the main points of the design, and designate a drawing or photograph that best shows the main points of the design. If the view is omitted or the color is requested to be protected, it shall be indicated in the brief description.
Where one application for a patent for design is filed for several similar designs of the same product, one of them shall be designated as the basic design in the brief description.
Where an application for a patent for partial design is filed, the part for which protection is sought shall be indicated in the brief description, except where it has been indicated by a combination of dashed and solid lines in a view of the product as a whole.
The brief description shall not use commercial advertising terms or describe the performance of the product.
Rule 32
The administrative department for patent under the State Council may, when considering it necessary, 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 shall not exceed 30 cm X 30 cm X 30 cm, and the weight shall not exceed 15 kg. Perishable, perishable or dangerous goods shall not be submitted as samples or models.
Rule 33
The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (2) of the Patent Law means an international exhibition registered with or recognized by the International Exhibition Bureau as provided for in the Convention on International Exhibitions.
The academic or technological meeting referred to in Article 24, subparagraph (3) of the Patent Law means any academic or technological meeting organized by a relevant competent department of the State Council or by a national academic organization, or any academic or technological meeting organized by an international organization recognized by a relevant competent department of the State Council.
Where the invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents indicating that the invention-creation has been exhibited or published and with the date of its exhibition or publication.
Where the invention-creation in an application for a patent falls under the provisions of Article 24, subparagraph (1) or (4) of the Patent Law, the administrative department for patent under the State Council may, when it deems necessary, require the applicant to submit a certified document within a specified time limit.
Where the applicant fails to make the declaration and submit the certifying documents in accordance with the provisions of Paragraph 3 of this Rule, or fails to submit the certifying documents within the specified time limit in accordance with the provisions of Paragraph 4 of this Rule, the provisions of Article 24 of the Patent Law shall not apply to his or its application.
Rule 34
Where the applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original accepting institution. In accordance with the agreement signed between the patent administration department under the State Council and the accepting institution, where the patent administration department under the State Council obtains a copy of the earlier application document through electronic exchange or other means, it shall be deemed that the applicant has submitted a copy of the earlier application document certified by the accepting institution. Where the domestic priority is claimed and the applicant indicates the filing date and the filing number of the earlier application in the request, the copy of the earlier application documents shall be deemed to have been filed.
Where the right of priority is claimed, but one or two of the date of application, the application number of the earlier application and the name of the original accepting institution are omitted or wrongly stated in the written request, the administrative department for patent under the State Council shall notify the applicant to make rectification within a specified time limit; where the rectification is not made at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the name of the applicant claiming the right of priority is not the same as the name of the applicant recorded in the copy of the earlier application document, the applicant shall submit the documents evidencing the assignment of the right of priority. If the evidencing documents are not submitted, the claim to the right of priority shall be deemed not to have been made.
Where the applicant for a patent for design claims the right of foreign priority, if the earlier application does not contain a brief description of the design, the right of priority shall not be affected where the brief description submitted by the applicant in accordance with Article 31 of these Rules does not go beyond the scope of the drawings or photographs shown in the earlier application document.
Rule 35
An applicant may claim one or more priorities for an application for a patent; where more than one priority is claimed, the priority period for the application shall be calculated from the earliest priority date.
Where an applicant for a patent for invention or utility model claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. Where an applicant for a patent for design claims the right of domestic priority, if the earlier application is one for a patent for invention or utility model, he or it may file an application for a patent for design that has the same subject matter as the design shown in the drawings; if the earlier application is one for a patent for design, he or it may file an application for a patent for design that has the same subject matter. However, if, when the later application is filed, the subject matter of the earlier application falls under any of the following circumstances, it may not be the basis for claiming the right of domestic priority:
(1) where the right of foreign or domestic priority has been claimed;
(2) where a patent right has been granted;
(3) where it is a divisional application filed in accordance with the relevant provisions.
Where the applicant claims the right of domestic priority, his or its earlier application shall be deemed to have been withdrawn as of the date on which the later application is filed, except where the applicant for a patent for design claims that the right of domestic priority shall be based on an application for a patent for invention or utility model.
Rule 36
Where any applicant has exceeded the time limit provided in Article 29 of the Patent Law and has filed with the Patent Administration Department under the State Council an application for a patent for invention or utility model for the same subject matter, he or it may, if he or it has justified reasons, request restoration of the right of priority within two months from the date of expiration of that time limit.
Rule 37
Where an applicant for a patent for invention or utility model claims the right of priority, he may, within 16 months from the priority date or within 4 months from the application date, request that the claim for the right of priority be added to or corrected in the request.
Rule 38
Where an application for a patent is filed or the right of foreign priority is claimed by any applicant having no habitual residence or business office in China, the administrative department for patent under the State Council may, when considering it necessary, require the applicant to submit the following documents:
(1) if the applicant is an individual, proof of his nationality;
(2) a certificate issued by the country or region in which the applicant is registered, if the applicant is an enterprise or other organization;
(3) a certified document showing that the country, to which the applicant belongs, recognizes that Chinese entities and individuals are, under the same conditions applied to its nationals, entitled to patent right, right of priority and other related rights in that country.
Rule 39
Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provision of Article 3l, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" means that each of the inventions or utility models considered as a whole is Technical features contributing to the state of the art.
Rule 40
Where several similar designs of the same product are filed as one application in accordance with the provisions of Article 3l, paragraph two of the Patent Law, the remaining designs of the product shall be similar to the basic design specified in the brief description. The number of similar designs in a design patent application shall not exceed 10.
"Two or more designs of products which belong to the same class and are sold or used in sets" mentioned in Paragraph 2 of Article 31 of the Patent Law means that all the products belong to the same class in the classification table and are customarily sold or used at the same time, and the designs of all the products have the same design concept.
Where two or more designs are filed as one application, the sequential numbers of the designs shall be indicated before the titles of the drawings or photographs of each design product.
Rule 41
When withdrawing an application for a patent, the applicant shall submit to the Patent Administration Department under the State Council a declaration stating the title of the invention-creation, the number and date of the application.
Where a declaration to withdraw an application for a patent is submitted after the administrative department for patent under the State Council has completed the preparations for publishing the application documents, the application documents shall be published as scheduled; however, the declaration to withdraw the application for patent shall be announced in the Patent Gazette published later.
Chapter III Examination and Approval of Patent Application
Rule 42
Any person who is to examine or hear a case in the procedures of preliminary examination, substantial examination, re-examination, or invalidation shall, at his own discretion or upon the request of the parties concerned or any other interested party, avoid being present in any of the following circumstances:
(1) he is a close relative of the party concerned or his agent;
(2) where he has an interest in the application for patent or the patent right;
(Three) there are other relations with the parties or their agents, which may affect the impartial examination and trial;
(4) having participated in the examination of the original application in the reexamination or invalidation procedure.
Rule 43
Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (drawings must be included in an application for utility model) and one or more patent claims, or an application for a patent for design consisting of a request, one or more drawings or photographs and a brief explanation of the design, the patent administration department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant.
Rule 44
In any of the following circumstances, the administrative department for patent under the State Council shall not accept the application and notify the applicant:
(1) where the application for a patent for invention or utility model does not contain a request, a description (utility model does not contain drawings) or a claim, or the application for a patent for design does not contain a request, drawings or photographs, or a brief explanation;
(2) where the Chinese language is not used;
(3) The format of the application documents is not in conformity with the provisions;
(4) The name of the applicant or the address of the applicant is missing in the request;
Where it is obviously not in conformity with the provisions of Article 17 or Paragraph 1 of Article 18 of the Patent Law;
(6) where the category (for invention, utility model or design) of the application for a patent is not clear or is difficult to discern.
Rule 45
Where in an application for a patent for invention or utility model, a claim or a description or part thereof is missing or wrongly submitted, but the applicant claims the right of priority on the date of submission, he may, within 2 months from the date of submission or within the time limit specified by the administrative department for patent under the State Council, submit the application by citing the earlier application documents. If the supplementary documents are in conformity with the relevant provisions, the date of submission of the first document shall be the date of application.
Rule 46
Where the specification contains explanatory notes to the drawings but the drawings or part of the drawings are missing, the applicant shall, within the time limit specified by the administrative department for patent under the State Council, submit the drawings or make a declaration for the deletion of the explanatory notes to the drawings. Where the appended drawings are submitted by the applicant, the date of filing or mailing of the appended drawings to the administrative department for patent under the State Council shall be the date of filing. If the description of the appended drawings is deleted, the original date of filing shall be retained.
Rule 47
Where two or more applicants apply for a patent for the identical invention-creation on the same day (the application date or the priority date if there is a right of priority concerned), the applicants shall be determined through consultation among themselves after receiving the notification from the administrative department for patent under the State Council.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same date (the date of application), he\/it shall, at the time of application, state that he\/it has applied for another patent for the same invention-creation; if no statement is made, it shall be dealt with in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right shall be granted for the same invention-creation.
When the patent administration department under the State Council announces the grant of a patent right for utility model, it shall publish a statement that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
Where it is found after examination that there is no cause for rejection of the application for a patent for invention, the patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. Where the applicant has made a declaration of abandonment, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the declaration of abandonment of the patent right for utility model by the applicant together with the announcement of the grant of the patent right for invention. Where the applicant disagrees with the abandonment, the patent administration department under the State Council shall reject the application for a patent for invention. Where the applicant has not made any response at the expiry of the time limit, the application for a patent for invention shall be deemed to have been withdrawn.
The patent right for utility model shall terminate as of the date of the announcement of the grant of the patent right for invention.
Rule 48
Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided in Paragraph 1 of Article 60 of these Rules, submit to the administrative department for patent under the State Council a divisional application. However, where an application for a patent has been rejected, withdrawn or deemed to have been withdrawn, the divisional application may not be submitted.
Where the administrative department for patent under the State Council finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Article 39 or 40 of these Rules, it shall notify the applicant to amend the application within a specified time limit. Where the applicant has not made any response at the expiry of the time limit, the application shall be deemed to have been withdrawn.
A divisional application shall not change the category of the original application.
Rule 49
For a divisional application filed in accordance with the provisions of Article 48 of these Rules, the initial application date may be reserved; if the right of priority is enjoyed, the priority date may be reserved, provided that the divisional application does not go beyond the scope of the initial application.
The divisional application shall go through relevant formalities in accordance with the provisions of the Patent Law and these Rules.
The application number and the application date of the original application shall be indicated in the written request for the division of application.
Rule 50
"Preliminary examination" mentioned in Article 34 and Article 40 of the Patent Law means the examination of an application for a patent to see whether or not it contains the documents provided in Article 26 or Article 27 of the Patent Law and other necessary documents, and whether or not these documents are in conformity with the provided format, which also includes an examination of the following:
(1) whether or not any application for a patent for invention obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, or Paragraph 1 of Article 18, or Paragraph 1 of Article 19 of the Patent Law, or of Rule 11, Rule 19, or Paragraph 2 of Rule 29 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 2, Article 26, paragraph 5, Article 31, paragraph 1, Article 33 of the Patent Law or Articles 20 to 24 of these Rules;
(2) whether or not an application for a patent for utility model obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, Paragraph 1 of Article 18, Paragraph 1 of Article 19 of the Patent Law or Articles 11, 19 to 22, 24 to 26 of these Rules, Whether it is obviously not in conformity with the provisions of Article 2, paragraph 3, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 31, paragraph 1, Article 33 of the Patent Law or Article 23, Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(3) whether or not any application for a patent for design obviously falls under the provisions of Article 5 or of Article 25, paragraph one, subparagraph (6) of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17 or of Article 18, paragraph one of the Patent Law or of Rule 11, 19, 30, 31 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 4, Article 23, paragraph 1, Article 23, paragraph 2, Article 27, paragraph 2, Article 31, paragraph 2, Article 33 of the Patent Law or Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(4) Whether the application documents conform to the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.
The administrative department for patent under the State Council shall notify the applicant of its opinions from the examination and request the applicant to state his\/its opinions or make corrections within the specified time limit. Where the applicant fails to make any response at the expiry of the time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or its observations or corrections, the administrative department for patent under the State Council still finds that the application is not in conformity with the provisions in the preceding paragraph, the application shall be rejected.
Rule 51
In any of the following circumstances, any document relating to a patent application, other than the patent application documents, which is submitted to the administrative department for patent under the State Council, shall be deemed to have not been submitted:
(1) failing to use the prescribed format or filling in the form does not conform to the provisions;
(Two) failing to submit supporting materials in accordance with the regulations.
The administrative department for patent under the State Council shall notify the applicant of the examination opinion that it is deemed not to have been submitted.
Article 52. Where the applicant requests an earlier publication of his or its application for a patent for invention, a statement shall be made to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after its preliminary examination of the application, publish it immediately unless it is to be rejected.
Rule 53
Where the applicant indicates the product incorporating the design and the class to which the product belongs, the classification of products for designs published by the administrative department for patent under the State Council shall be used. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the administrative department for patent under the State Council may supplement or amend it.
Rule 54
Any person may, from the date of publishing an application for a patent for invention until the date of announcing the grant of the patent right, submit his opinions to the administrative department for patent under the State Council, with the reasons thereof, on the application which is not in conformity with the Patent Law.
Rule 55
Where the applicant for a patent for invention is unable to submit, for any justified reason, the documents concerning any search or the results of any examination provided for in Article 36 of the Patent Law, he or it shall make a statement to the Patent Administration Department under the State Council and submit them when he or it obtains the relevant documents.
Rule 56
The administrative department for patent under the State Council shall, when proceeding on its own initiative to examine an application for a patent in accordance with Paragraph 2 of Article 35 of the Patent Law, notify the applicant accordingly.
The applicant may file a request for postponing the examination of the patent application.
Rule 57
When a request for examination as to substance is made, or within the time limit of three months after the receipt of the notification of the Patent Administration Department under the State Council that the application for a patent for invention has entered into examination as to substance, the applicant for a patent for invention may amend the application for a patent for invention on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application for a patent for utility model or design on its or his own initiative.
Where the applicant amends the patent application documents after receiving the notification of examination opinions issued by the administrative department for patent under the State Council, he shall amend the defects pointed out in the notification.
The administrative department for patent under the State Council may amend the obvious diction and symbol errors in the patent application documents at its own discretion. Where the administrative department for patent under the State Council amends on its own initiative, it shall notify the applicant.
Rule 58
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 the provided format 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.
Rule 59
In accordance with the provisions of Article 38 of the Patent Law, the circumstances in which an application for a patent for invention shall be rejected after examination as to substance are as follows:
(1) where the application falls under the provisions of Articles 5 and 25 of the Patent Law, or where the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(2) where the application does not comply with the provisions of Article 2, paragraph 2, Article 19, paragraph 1, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 26, paragraph 5, Article 31, paragraph 1 of the Patent Law or Article 11, Paragraph 2 of Article 23 of these Rules;
(3) where the amendment to the application is not in conformity with the provisions of Article 33 of the Patent Law, or the divisional application is not in conformity with the provisions of Rule 49, paragraph one of these Implementing Regulations.
Rule 60
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 2 months from the date of receipt of the notification. If the applicant has fulfilled the formalities of registration within the said time limit, the administrative department for patent under the State Council shall grant the patent right, issue the patent certificate, and announce it.
If no registration formalities have been carried out at the expiration of the time limit, the right to obtain the patent right shall be deemed to have been abandoned.
Rule 61
Where it is found after examination that there is no cause for rejection of the application for a confidential patent, the administrative department for patent under the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate, and register the relevant matters of the confidential patent right.
Rule 62
After the announcement of the decision to grant the patent right for utility model or design, the patentee, interested party or the accused infringer provided for in Article 66 of the Patent Law may request the patent administration department under the State Council to make a patent evaluation report. The applicant may request the administrative department for patent under the State Council to make a patent evaluation report when going through the formalities for patent registration.
Where a request for a patent evaluation report is made, a request for a patent evaluation report shall be submitted, stating the patent application number or patent number. Each request shall be limited to one patent application or patent right.
Where the request for a patent evaluation report is not in conformity with the provisions, the administrative department for patent under the State Council shall notify the person making the request to rectify it within a specified time limit. Where the person making the request fails to rectify it within the specified time limit, the request shall be deemed not to have been made.
Rule 63
The administrative department for patent under the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. However, where the applicant requests a patent evaluation report when going through the patent registration formalities, the administrative department for patent under the State Council shall make a patent evaluation report within 2 months from the date of announcing the grant of the patent right.
Where more than one petitioner requests a patent evaluation report for the same patent right for utility model or design, the patent administration department under the State Council shall make only one patent evaluation report. Any entity or individual may consult or copy the patent evaluation report.
Rule 64
The administrative department for patent under the State Council shall, upon discovery of any error in the patent announcement or in the single patent version, correct it in time, and announce such correction.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right
Rule 65
Where the request for reexamination is submitted to the Patent Administration Department under the State Council in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be filed, the reasons for which shall be stated, and, when necessary, relevant supporting documents shall be attached.
Where the request for reexamination is not in conformity with the provisions of Article l8, paragraph one, or Article 41, paragraph one, of the Patent Law, the administrative department for patent under the State Council shall not accept it, and shall notify the person making the request for reexamination in writing, together with an explanation of the reasons.
Where the request for reexamination is not in conformity with the provided form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If it is not rectified at the expiry of the time limit, the request for reexamination shall be deemed not to have been made.
Rule 66
The person making the request may, when requesting reexamination or making responses to the notification of reexamination made by the administrative department for patent under the State Council, amend the patent application documents; however, the amendments shall be limited to removing the defects pointed out in the decision of rejection or the notification of reexamination.
Rule 67
Where, after reexamination, the Patent Administration Department under the State Council finds that the request for reexamination is not in conformity with relevant provisions in the Patent Law and these Implementing Regulations, or that the application is in other circumstances which obviously violate relevant provisions in the Patent Law and these Implementing Regulations, it shall invite the person requesting reexamination to submit his observations within a specified time limit. Where no response has been made at the expiry of the time limit, the request for reexamination shall be deemed to have been withdrawn; where, after the making of the observations and amendments, the administrative department for patent under the State Council still finds that the request for reexamination is not in conformity with the provisions of the Patent Law and these Rules, it shall make a decision of reexamination to reject the request for reexamination.
Where the administrative department for patent under the State Council considers after reexamination that the original decision on rejection is not in conformity with relevant provisions in the Patent Law and these Rules, or considers that the defects pointed out in the original decision on rejection and the notification of reexamination have been removed from the amended patent application documents, it shall revoke the original decision on rejection and continue the examination procedures.
Rule 68
At any time before the Patent Administration Department under the State Council makes a decision on the request for reexamination, the person making the request may withdraw his request for reexamination.
Where the person making the request withdraws his request for reexamination before the administrative department for patent under the State Council makes a decision on it, the reexamination procedures shall be terminated.
Rule 69
Anyone requesting invalidation or partial invalidation of a patent right in accordance with Article 45 of the Patent Law shall submit a written request and necessary supporting documents in two copies to the administrative department for patent under the State Council. The request for invalidation shall specify the reasons for the request for invalidation in combination with all the evidence submitted, and indicate the evidence on which each reason is based.
The reasons for the request for invalidation referred to in the preceding paragraph means that the invention-creation for which the patent right is granted does not comply with Article 2, Paragraph 1 of Article 19, Article 22, Article 23, Paragraph 3 of Article 26, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Article 33 of the Patent Law or Article 11, Paragraph 2 of Article 23, Paragraph 1 of Article 49 of these Rules. Or falls under the circumstances provided for in Articles 5 and 25 of the Patent Law, or the applicant is not entitled to a patent right in accordance with Article 9 of the Patent Law.
Rule 70
Where a request for invalidation of a patent right is not in conformity with the provisions of Article 18, paragraph one of the Patent Law or Article 69 of these Rules, the administrative department for patent under the State Council shall not accept it.
Where, after the Patent Administration Department under the State Council has made a decision on the request for invalidation, a request for invalidation is made on the same grounds and evidence, the Patent Administration Department under the State Council shall not accept it.
Where a request for invalidation of a patent right for design is made on the ground that it is not in conformity with the provisions of Article 23.3 of the Patent Law, but no evidence is submitted to prove the conflict of rights, the administrative department for patent under the State Council shall not accept it.
Where the request for invalidation of the patent right is not in conformity with the prescribed form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If the rectification is not made at the expiry of the time limit, the request for invalidation shall be deemed not to have been made.
Rule 71
After the administrative department for patent under the State Council has accepted the request for invalidation, the person making the request may add reasons or supplement evidence within 1 month from the date when the request for invalidation is filed. The administrative department for patent under the State Council may not consider any additional reasons or supplementary evidence after the expiration of the time limit.
Rule 72
The administrative department for patent under the State Council shall send the written request for the invalidation of the patent right and the copies of the relevant documents to the patentee, requiring it to state its opinions within a specified time limit.
The patentee and the person making the request for invalidation shall, within the specified time limit, make responses to the notification on transmitting the documents or the notification on examining the request for invalidation sent by the administrative department for patent under the State Council; where no response has been made at the expiry of the time limit, the examination by the administrative department for patent under the State Council shall not be affected.
Rule 73
In the course of the examination of the request for invalidation, the patentee of a patent for invention or utility model may amend its claims, but shall not expand the scope of protection of the original patent. Where the administrative department for patent under the State Council makes a decision to maintain the validity of the patent right or to declare a part of the patent right invalid on the basis of the amended claims, it shall announce the amended claims.
The patentee of a patent for invention or utility model shall not amend the specification or the appended drawings of a patent, and the patentee of a patent for design shall not amend the drawings, photographs or brief explanation.
Rule 74
The Patent Administration Department under the State Council may, upon the request of the party concerned or in accordance with the needs of the case, decide to conduct an oral procedure in respect of the request for invalidation.
Where the administrative department for patent under the State Council decides to hear the request for invalidation orally, it shall send a notification on the oral hearing to the party concerned, informing the date and place for holding the oral hearing. The parties shall make a reply within the time limit specified in the notice.
Where the person making the request for invalidation has not made any response within the time limit specified in the notification on oral hearing sent by the patent administration department under the State Council, and does not participate in the oral hearing, the request for invalidation shall be deemed to have been withdrawn; where the patentee does not participate in the oral hearing, the case may be heard by default.
Rule 75
In the course of the examination of a request for invalidation, the time limit specified by the Patent Administration Department under the State Council shall not be extended.
Rule 76
The person making the request for invalidation may withdraw his request before the Patent Administration Department under the State Council makes a decision on it.
Where the person making the request for invalidation withdraws his request or the request for invalidation is deemed to be withdrawn before the administrative department for patent under the State Council makes a decision, the examination procedures for the request for invalidation shall be terminated. However, where the administrative department for patent under the State Council considers that it can make a decision declaring the patent right invalid or partially invalid on the basis of the examination work already carried out, it shall not terminate the examination procedure.
Chapter V Compensation for the Duration of Patent Right
Rule 77
Where a request for compensation for the duration of a patent right is made in accordance with Paragraph 2 of Article 42 of the Patent Law, the patentee shall, within three months from the date of the announcement of the grant of the patent right, submit it to the administrative department for patent under the State Council.
Rule 78
Where compensation for the duration of the patent right is granted in accordance with the provisions of Article 42, paragraph 2, of the Patent Law, the duration of compensation shall be calculated on the basis of the actual number of days of unreasonable delay in the process of authorization of the patent for invention.
The term "the actual number of days of unreasonable delay in the process of granting a patent for invention" as mentioned in the preceding paragraph refers to the number of days between the expiration of four years from the date of application for a patent for invention and the expiration of three years from the date of request for substantive examination and the date of announcement of the grant of the patent right, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.
The following are reasonable delays:
(1) where a patent right is granted after the patent application documents have been amended in accordance with the provisions of Article 66 of these Rules, the delay caused by the reexamination procedure;
(2) Delays caused by the circumstances specified in Articles 103 and 104 of these Rules;
(3) Delays caused by other reasonable circumstances.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same day, and obtains a patent right for invention in accordance with the provisions of Article 47, paragraph four of these Rules, the duration of the patent right for the invention shall not be governed by the provisions of Article 42, paragraph two of the Patent Law.
Rule 79
The unreasonable delay caused by the applicant as prescribed in Paragraph 2 of Article 42 of the Patent Law includes the following circumstances:
(1) failure to respond to the notification sent by the administrative department for patent under the State Council within the specified time limit;
(2) Application for postponement of examination;
(3) Delays caused by the circumstances specified in Article 45 of these Rules;
(4) Other unreasonable delays caused by the applicant.
Rule 80
The term "patents for inventions related to new drugs" as mentioned in Paragraph 3 of Article 42 of the Patent Law refers to patents for new drug products, patents for preparation methods and patents for medical uses that meet the requirements.
Rule 81
a request for compensation for the duration of the patent right for inventions related to new drugs in accordance with the provisions of Article 42, paragraph 3, of the Patent Law shall be submitted to the patent administration department under the State Council within three months from the date of obtaining the marketing license for the new drug in China in accordance with the following requirements:
(1) If the new drug has more than one patent at the same time, the patentee can only request compensation for the duration of the patent for one of the patents;
(2) If a patent involves more than one new drug at the same time, only one new drug can make a claim for compensation for the duration of the patent;
(3) The patent is within the period of validity and has not been compensated for the duration of the patent right for inventions related to new drugs.
Rule 82
Where compensation for the term of a patent right is granted in accordance with the provisions of Article 42.3 of the Patent Law, the term of compensation shall be determined on the basis of compliance with the provisions of Article 42.3 of the Patent Law by subtracting five years from the number of days between the date of application for the patent and the date of obtaining the marketing license for the new drug in China.
Rule 83
During the term of patent right compensation, the scope of protection of a patent for an invention related to a new drug shall be limited to the new drug and its approved technical scheme related to the indication; within the scope of protection, the patentee shall enjoy the same rights and bear the same obligations as before the term of patent right compensation.
Rule 84
Where the administrative department for patent under the State Council, after examining the request for compensation of the duration of a patent right made in accordance with Paragraph 2 or 3 of Article 42 of the Patent Law, considers that the conditions for compensation are met, it shall make a decision to grant a time limit for compensation, and shall register and announce it; where the conditions for compensation are not met, it shall make a decision not to grant a time limit for compensation, and notify the patentee who made the request.
Chapter VI Special License for Patent Exploitation
Article 85. Where a patentee voluntarily declares to open for licensing its or his patent, the declaration shall be made after the grant of the patent right is announced.
The open license statement shall specify the following items:
(1) Patent number;
(2) The name of the patentee;
(Three) payment methods and standards for patent licensing fees;
(4) The term of the patent license;
(Five) other matters that need to be clarified.
The content of the open license statement shall be accurate and clear, and no commercial advertising terms shall appear.
Rule 86
In any of the following circumstances, the patentee shall not grant an open license to a patent right:
(1) The patent right is within the period of validity of the exclusive or exclusive license;
(2) it falls under the circumstances of suspension as provided for in Articles 103 and 104 of these Rules;
(Three) failing to pay the annual fee in accordance with the regulations;
(4) The patent right is pledged without the consent of the pledgee;
(Five) other circumstances that hinder the effective implementation of the patent right.
Rule 87
Where a license for exploitation of a patent is granted through an open license, the patentee or the licensee shall file with the administrative department for patent under the State Council for the record on the basis of a written document that can prove that the license has been granted.
Rule 88
a patentee shall not, by providing false materials or concealing facts, make an open license declaration or obtain a reduction or exemption of the annual patent fee during the implementation of the open license.
Rule 89
The "insufficient exploitation of the patent" referred to in Article 53, subparagraph (1) of the Patent Law means that the patentee and his licensee are unable to exploit the patent in such a manner or on such a scale as to satisfy the domestic demand for the patented product or process.
"Patented medicine" mentioned in Article 55 of the Patent Law refers to any patented product in the field of medicine needed to solve public health problems or a product directly obtained by a patented process, including the active ingredients required for the manufacture of the patented product and the diagnostic supplies required for the use of the product.
Rule 90
Anyone requesting a compulsory license shall submit a request for compulsory license to the administrative department for patent under the State Council, state the reasons therefor, and attach relevant supporting documents.
The patent administration department under the State Council shall send a copy of the request for compulsory license to the patentee. The patentee shall make his or its observations within the time limit specified by the patent administration department under the State Council. Where no response is made within the time limit, the patent administration department under the State Council shall not be affected in making a decision.
Before making a decision to reject the request for a compulsory license or to grant a compulsory license, the patent administration department under the State Council shall notify the person who made the request and the patentee of the decision they intend to make and the reasons for it.
When the patent administration department under the State Council makes a decision to grant a compulsory license in accordance with the provisions of Article 55 of the Patent Law, it shall also comply with the provisions of the relevant international treaties concluded or acceded to by China on granting a compulsory license for the purpose of solving public health problems, except where China has made reservations.
Rule 91
Where, in accordance with the provisions of Article 62 of the Patent Law, the administrative department for patent under the State Council is requested to adjudicate the amount of the exploitation fee, the party concerned shall submit a request for adjudication and attach the documents proving that the two parties have not been able to reach an agreement. The administrative department for patent under the State Council shall, within 3 months from the date of receipt of the request, make a ruling and notify the party concerned.
Chapter VII Reward and Remuneration to Inventor or Creator of Service Invention-creation
Rule 92
The entity to which a patent right is granted may agree with the inventor or creator or specify the manner and amount of the reward or remuneration provided for in Article 15 of the Patent Law in the rules and regulations formulated by it according to law. Units granted patent rights are encouraged to implement property rights incentives by means of equity, options and dividends, so that inventors or designers can reasonably share the benefits of innovation.
The reward and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the relevant financial and accounting systems of the State.
Where the entity to which a patent right has been granted has not made an agreement with the inventor or designer, nor has it stipulated in the rules and regulations it has formulated according to law the form and amount of award provided for in Article 15 of the Patent Law, it shall, within three months from the date of the announcement of the grant of the patent right, award the inventor or designer a prize of money. The sum of money prize for a patent for invention shall be no less than 4000 yuan; the sum of money prize for a patent for utility model or design shall be no less than 1500 yuan.
For an invention-creation made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity that has been granted a patent right shall award a money prize on a preferential basis.
Rule 94
Where the entity to which a patent right is granted has not made an agreement with the inventor or designer, nor has it stipulated in its rules and regulations formulated according to law the manner and amount of remuneration provided for in Article 15 of the Patent Law, it shall pay the inventor or designer reasonable remuneration in accordance with the provisions of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements.
Chapter VIII Protection of Patent Right
Rule 95
The administrative authority for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government, or the administrative authority for patent affairs of the people's government of a prefecture-level city, autonomous prefecture, league, region or municipality directly under the Central Government with a large amount of patent administration work and actual ability to handle it, may handle and mediate patent disputes.
Rule 96
Any of the following circumstances belongs to a patent infringement dispute that has a significant impact on the whole country as mentioned in Article 70 of the Patent Law:
(1) involving major public interests;
(Two) having a significant impact on the development of the industry;
(Three) major cases across provinces, autonomous regions and municipalities directly under the Central Government;
(4) other circumstances which, in the opinion of the administrative department for patent under the State Council, may have significant impact.
Where a patentee or interested party requests the patent administration department under the State Council to handle a patent infringement dispute, and the relevant case does not belong to a patent infringement dispute that has a significant impact on the whole country, the patent administration department under the State Council may designate the administrative department for patent work of the local people's government that has jurisdiction to handle it.
Rule 97
Where a party concerned requests the handling of a patent infringement dispute or the mediation of a patent dispute, it shall be under the jurisdiction of the department for the administration of patent work in the place where the respondent is located or where the infringement occurs.
Where two or more departments for the administration of patent work have jurisdiction over a patent dispute, the party concerned may make a request to one of the departments for the administration of patent work; where the party concerned makes a request to two or more departments for the administration of patent work with jurisdiction, the department for the administration of patent work that first accepts the request shall have jurisdiction.
Where a jurisdictional dispute arises between the departments for the administration of patent work, jurisdiction shall be designated by the department for the administration of patent work of the people's government at a higher level over both parties; where there is no such department for the administration of patent work of the people's government at a higher level over both parties, jurisdiction shall be designated by the administrative department for patent under the State Council.
Rule 98
Where, in the course of handling a patent infringement dispute, the respondent has filed a request for invalidation and has been accepted by the administrative department for patent under the State Council, he may request the department for the administration of patent work to suspend the handling.
Where the department for the administration of patent work considers that the reasons for suspension given by the respondent are obviously untenable, it may refuse to suspend the disposal.
Rule 99
Where any patentee affixes a patent mark on the patented product or on the package of that product in accordance with Article 16 of the Patent Law, he or it shall make the affixation in the manner as prescribed by the administrative department for patent under the State Council.
If the patent mark does not conform to the provisions of the preceding paragraph, the department responsible for patent law enforcement at or above the county level shall order it to make corrections.
Rule 100
Where any applicant or patentee violates the provisions of Article 11 or Article 88 of these Rules, he shall be given a warning and may be fined not more than 100,000 yuan by the department responsible for patent law enforcement at or above the county level.
Rule 101
The following acts shall be acts of passing off a patent as provided for in Article 68 of the Patent Law:
(1) Marking a patent mark on a product or its package that has not been granted a patent right, continuing to mark a patent mark on the product or its package after the patent right has been declared invalid or terminated, or marking the patent number of another person on the product or its package without permission;
(2) selling the products mentioned in Item (1);
(3) In the product specifications and other materials, the technology or design that has not been granted a patent right is called a patented technology or a patented design, the patent application is called a patent, or the patent number of another person is used without permission, which makes the public mistake the technology or design involved for a patented technology or a patented design;
(4) forging or altering patent certificates, patent documents or patent application documents;
(5) Other acts that confuse the public and mistake technologies or designs that have not been granted patent rights as patented technologies or patented designs.
It is not an act of counterfeiting a patent to mark a patent mark on a patented product, a product directly obtained by a patented method or its packaging according to law before the termination of the patent right, and to promise to sell or sell the product after the termination of the patent right.
If a person sells a product that is not known to be a counterfeit patent and can prove the legitimate source of the product, the department responsible for patent law enforcement at or above the county level shall order him to stop selling it.
Rule 102
Except as provided in Article 65 of the Patent Law, the department for the administration of patent work may, at the request of the party concerned, mediate the following patent disputes:
(1) Disputes over the ownership of the right to apply for a patent and the patent right;
(Two) disputes over the qualifications of inventors and designers;
(3) disputes over the rewards and remuneration of inventors and designers of service invention-creations;
(4) a dispute over the use of an invention without payment of an appropriate fee after the publication of the application for a patent for invention but before the grant of the patent right;
(5) Other patent disputes.
For the disputes enumerated in Item (4) of the preceding paragraph, if the parties request the department for the administration of patent work for mediation, they shall do so after the grant of the patent right.
Rule 103
Where a party concerned, in case of a dispute due to the ownership of the right of patent application or the patent right, has requested the department for the administration of patent work to mediate or has initiated a lawsuit to the people's court, he may request the administrative department for patent under the State Council to suspend relevant procedures.
Anyone who requests suspension of relevant procedures in accordance with the preceding paragraph shall submit a written request to the administrative department for patent under the State Council, state the reasons, and affix copies of the relevant acceptance documents issued by the department for the administration of patent work or the people's court with the application number or patent number indicated. Where the administrative department for patent under the State Council considers that the reason for suspension given by the party concerned is obviously untenable, it may not suspend the relevant procedure.
After the conciliation statement made by the department for the administration of patent work or the judgment made by the people's court has entered into force, the party concerned shall go through the formalities for recovering the relevant procedures in the administrative department for patent under the State Council. Where a dispute relating to the ownership of the right of patent application or the patent right has not been settled within one year from the date of requesting suspension, and it is necessary to continue to suspend the relevant procedures, the petitioner shall request an extension of the suspension within the time limit. Where the request for extension is not made at the expiry of the time limit, the administrative department for patent under the State Council shall resume the relevant procedures at its own discretion.
Rule 104
Where the people's court has ordered to adopt preservative measures over the right to apply for a patent or the patent right in the trial of a civil case, the administrative department for patent under the State Council shall suspend relevant procedures for the preserved right to apply for a patent or the patent right on the day when it receives the written order indicating the application number or the patent number and the notification for assistance in execution. Where, at the expiration of the preservation period, the people's court has not ordered to continue the preservation measures, the administrative department for patent under the State Council shall recover the relevant procedures at its own discretion.
Rule 105
that suspension of relevant procedure by the administrative department for patent under the State Council in accordance with the provision of article 103 and 104 of these rules means the suspension of the procedures for preliminary examination, substantive examination and reexamination of an application for patent, the procedure for the grant of patent right and the procedures for the invalidation of patent right; The procedures for abandoning, altering or transferring the patent right or the patent application right, the procedures for the pledge of the patent right and the procedures for the termination of the patent right before the expiration of the term of the patent right shall be suspended.
Chapter IX Patent Registration and Patent Gazette
Rule 106
The administrative department for patent under the State Council shall keep a Patent Register in which the following matters relating to patent applications and patent rights shall be registered:
(1) grant of the patent right;
(2) The transfer of the right of patent application and the patent right;
(3) The pledge, preservation and cancellation of the patent right;
(4) Filing of patent licensing contracts;
(5) Declassification of national defense patents and confidential patents;
(6) invalidation of the patent right;
(7) termination of the patent right;
(8) Restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) Open license for patent exploitation;
(11) compulsory license for exploitation of the patent;
(12) any change in the name, nationality or address of the patentee.
Rule 107
The administrative department for patent under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following:
(1) the bibliographic data and the abstract of the specification of an application for a patent for invention;
(2) any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Administration Department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention;
(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication;
(4) The grant of patent rights and the bibliographic data of patent rights;
(5) The abstract of the specification of a patent for utility model, a drawing or photograph of a patent for design;
(6) Declassification of national defense patents and confidential patents;
(7) invalidation of the patent right;
(8) The termination or restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) transfer of the patent right;
(11) Filing of patent licensing contracts;
(12) The pledge, preservation and cancellation of the patent right;
(Thirteen) open licensing matters for patent implementation;
(14) grant of a compulsory license for exploitation of the patent;
(15) any change in the name, nationality or address of the patentee;
(16) Service of documents by public announcement;
(17) corrections made by the administrative department for patent under the State Council;
(18) Other relevant matters.
Rule 108
The administrative department for patent under the State Council shall provide the patent Gazette, the single edition of the patent application for invention and the single edition of the patent for invention, utility model and design for free reference by the public.
Rule 109
The administrative department for patent under the State Council shall be responsible for exchanging patent documents with the patent offices of other countries, regions or regional patent organizations in accordance with the principle of reciprocity.
Chapter X Expenses
Rule 110
When filing an application for a patent with the administrative department for patent under the State Council and fulfilling other formalities, the following fees shall be charged:
(1) Application fee, additional fee for application, publishing and printing fee and fee for claiming priority;
(2) fee for substantial examination of an application for a patent for invention and re-examination fee;
(3) Annual fee;
(Four) request fee for restoration of rights and request fee for extension of time limit;
(5) Fees for changes in bibliographic items, fees for requests for patent evaluation reports, fees for requests for invalidation and fees for certification of copies of patent documents.
The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the development and reform department and the financial department of the State Council in conjunction with the patent administration department of the State Council according to their respective responsibilities. The financial department and the development and reform department under the State Council may, in conjunction with the patent administration department under the State Council, adjust the types and standards of fees payable for patent application and other formalities according to the actual situation.
Rule 111
The fees provided for in the Patent Law and these Implementing Regulations shall be paid strictly in accordance with the provisions.
Where the fees are directly paid to the administrative department for patent under the State Council, the date when the payment was made shall be regarded as the payment date; where the fees are remitted by post, the date of mailing indicated by the postmark shall be regarded as the payment date; where the fees are remitted by bank, the date of actual remittance by the bank shall be regarded as the payment date.
Where any patent fee is overpaid, repaid or wrongly paid, the party concerned may, within three years from the date of payment, request the administrative department for patent under the State Council for a refund, and the administrative department for patent under the State Council shall refund the fee.
Rule 112
The applicant shall, within 2 months from the filing date or within 15 days from the date of receipt of the notification of acceptance of the application, pay the filing fee, the printing fee for publication of the application and the necessary additional fee for filing of application. Where the filing fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn.
An applicant who claims the right of priority shall pay the fee for claiming the right of priority together with the application fee; where the fee has not been paid or fully paid at the expiry of the time limit, the claim shall be deemed not to have been made.
Rule 113
Where the party concerned requests an examination or reexamination as to substance, the relevant fee shall be paid within the time limit prescribed respectively by the Patent Law and these Implementing Regulations; where the fee has not been paid or fully paid at the expiry of the time limit, the request shall be deemed not to have been made.
Rule 114
When the applicant goes through the formalities of registration, he shall pay the annual fee for the year in which the patent right is granted. If the fee is not paid or not paid in full at the expiration of the time limit, the applicant shall be deemed not to have gone through the formalities of registration.
Rule 115
The annual fee after the year in which the patent right is granted shall be paid before the expiration of the preceding year. Where the annual fee is not paid or not paid in full by the patentee, the administrative department for patent under the State Council shall notify the patentee to rectify the insufficiency within 6 months as of the expiry of the time limit within which the annual fee should be paid, and at the same time pay a surcharge, the amount of which shall be calculated by charging an additional 5% of the total amount of the annual fee for that year for each month exceeding the provided payment time; where the insufficiency has not been paid at the expiry of the time limit, the patent right shall be terminated as of the expiry of the time.
Rule 116
The fee for a claim for restoration of rights shall be paid within the relevant time limit prescribed in these Rules; if the fee is not paid or not paid in full at the expiration of the time limit, the claim shall be deemed not to have been filed.
The fee for requesting the extension of the time limit shall be paid before the expiration of the corresponding time limit; if the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, the fee for requesting an evaluation report on a patent right, and the fee for requesting invalidation shall be paid within one month from the date on which the request is filed. If the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been filed.
Rule 117
Where any applicant or patentee has difficulties in paying the various fees provided in these Implementing Regulations, he may, in accordance with the relevant provisions, submit a request for reduction to the Patent Administration Department under the State Council. The measures for the reduction shall be formulated by the financial department of the State Council in conjunction with the development and reform department of the State Council and the patent administration department of the State Council.
Chapter XI Special Provisions on International Applications for Inventions and Utility Models
Rule 118
The administrative department for patent under the State Council shall, in accordance with Article 19 of the Patent Law, accept the international patent applications filed in accordance with the Patent Cooperation Treaty.
Where any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the "international application") enters the phase of processing by the patent administration department under the State Council (hereinafter referred to as the "Chinese national phase"), the requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shall apply.
Rule 119
Any international application for which the international filing date has been determined in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed to have been filed with the patent administration department under the State Council, and the international filing date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.
Rule 120
Any applicant for an international application shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this Chapter), go through the formalities for entering the Chinese national phase at the administrative department for patent under the State Council; If the applicant fails to go through the formalities within the time limit, he may go through the formalities for entering the Chinese national phase within 32 months from the priority date after paying the grace fee.
Rule 121
The applicant who goes through the formalities for entering the Chinese national phase in accordance with the provisions of Article 120 of these Rules shall meet the following requirements:
(1) a written declaration for the entry of the national phase in China submitted in Chinese, indicating the international application number and the type of patent right requested to be obtained;
(2) to pay the application fee and the publishing and printing fee provided for in Paragraph 1 of Article 110 of these Rules, and, if necessary, to pay the grace fee provided for in Article 120 of these Rules;
(3) where the international application is filed in a foreign language, the Chinese translation of the description and the claims of the original international application shall be submitted;
(4) indicating the title of the invention-creation, the name and address of the applicant and the name of the inventor in the written declaration for the entry of the National Phase in China, which shall be consistent with the record in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not indicated in the international application, the name of the inventor shall be indicated in the above-mentioned declaration;
(5) Where the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted, and where there are drawings and drawings attached to the abstract, copies of the drawings shall be submitted and the drawings attached to the abstract shall be designated, and where there are words in the drawings, they shall be replaced by the corresponding Chinese words;
(6) where the formalities for the change of the applicant have been completed with the International Bureau in the international phase, the supporting materials for the right of application of the applicant after the change shall be provided when necessary;
(7) to pay, when necessary, the additional fee for application prescribed in Paragraph 1 of Article 110 of these Rules.
Where the application meets the requirements of Items (1) to (3) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall issue an application number, specify the date on which the international application has entered the National Phase in China (hereinafter referred to as the date of entry), and notify the applicant that his international application has entered the National Phase in China.
Where the international application has entered the Chinese national phase but does not meet the requirements in Items (4) to (7) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall notify the applicant to make rectification within the specified time limit; where the rectification is not made at the expiry of the time limit, the application shall be deemed to have been withdrawn.
Rule 122
The effectiveness of an international application in China shall be terminated under any of the following circumstances:
(1) where, in the International Phase, the international application is withdrawn or is deemed to be withdrawn, or the designation of China in the international application is withdrawn;
(2) where the applicant fails to go through the formalities for the entry of the Chinese national phase within 32 months from the priority date in accordance with Article 120 of these Rules;
(3) where the applicant has gone through the formalities for the entry of the Chinese national phase, but the requirements in subparagraphs (1) to (3) of Article 121 of these Rules have still not been met at the expiration of a period of 32 months from the priority date.
Where the effectiveness of an international application ceases in China according to the provisions of Item (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; where the effectiveness of an international application ceases in China according to the provisions of Items (2) and (3) of the preceding paragraph, the provisions of Paragraph 2 of Article 6 of these Rules shall not apply.
Rule 123
Where an international application has been amended in the International Phase and the applicant requests examination on the basis of the amended application documents, the Chinese translation of the amended part shall be submitted within 2 months from the date of entry. Where the Chinese translation is not submitted within the time limit, the administrative department for patent under the State Council shall not consider the amendments made by the applicant in the international phase.
Rule 124
Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (2) or (3) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the written statement concerning entry into the Chinese national phase, and furnish the relevant certificates prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of entry; Where no explanation is given or no certifying document is submitted within the time limit, the application shall not be governed by the provisions of Article 24 of the Patent Law.
Rule 125
Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 27, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of the biological material are contained in the description of the international application as initially filed, but there is no such indication in the declaration for the entry of the Chinese national phase, the applicant shall make a correction within four months from the date of entry. If the rectification has not been made at the expiration of the time limit, the biological material shall be deemed not to have been deposited.
Where the applicant submits the certificates of the deposit and the viability of the biological materials to the administrative department for patent under the State Council within four months from the date of entry, the deposit of biological materials shall be deemed to have been made within the time limit as provided for in Rule 27, subparagraph (1) of these Rules.
Rule 126
Where the invention-creation involved in an international application is completed in reliance on genetic resources, the applicant shall make a statement in the written declaration on the entry of the international application into the Chinese national phase, and fill in the form formulated by the administrative department for patent under the State Council.
Rule 127
Where the applicant claims one or more rights of priority in the International Phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted a written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay the fee for claiming the right of priority within two months from the date of entry; where the fee has not been paid or fully paid at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the administrative department for patent under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant fails to submit the copies of the earlier application documents in the International Phase, the administrative department for patent under the State Council may, when considering it necessary, notify the applicant to supplement them within a specified time limit; where the applicant fails to do so at the expiry of the time limit, his or its claim for priority shall be deemed not to have been made.
Rule 128
Where, within 2 months after the expiration of the period of priority, the filing date of the international application has been approved by the receiving Office in the international phase to restore the right of priority, the request for restoration of the right of priority shall be deemed to have been filed in accordance with the provisions of Article 36 of these Rules; Where, in the international phase, the applicant has not requested the restoration of the right of priority, or has made a request for the restoration of the right of priority but the receiving office has not approved it, and the applicant has justified reasons, he may, within 2 months from the date of entry, request the administrative department for patent under the State Council to restore the right of priority.
Rule 129
Where, before the expiration of 30 months from "the priority date", the applicant files a request with the Patent Administration Department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23.2 of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the administrative department for patent under the State Council, the applicant shall submit a confirmed copy of the international application.
Rule 130
For an international application for a patent for utility model, the applicant may, within 2 months from the date of entry, propose to amend the patent application documents on his own initiative.
The international application for the patent right for invention shall be subject to Paragraph 1 of Article 57 of these Rules.
Rule 131
Where the applicant finds that there are errors in the Chinese translation of the description, the claims or the text of the appended drawings as filed, he\/it may file a request for correction in accordance with the original international application within the following time limits:
(1) before the administrative department for patent under the State Council has completed the preparations for publishing the patent application for invention or announcing the patent right for utility model;
(2) within 3 months as of the receipt of the notification sent by the administrative department for patent under the State Council on the entry of the application for a patent for invention into the stage of substantial examination.
Where the applicant intends to correct the errors in the translation, he shall submit a written request and pay the prescribed fee for the correction of the translation.
Where the applicant corrects the translation in accordance with the notification of the administrative department for patent under the State Council, he\/it shall, within the specified time limit, fulfill the formalities provided in the second paragraph of this Article. Where the applicant fails to fulfill the prescribed formalities at the expiry of the time limit, the application shall be deemed to have been withdrawn.
Rule 132
For an international application claiming the patent right for invention, the administrative department for patent under the State Council shall, if considering it to be in conformity with relevant provisions in the Patent Law and these Rules after the preliminary examination, publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.
Where the international publication of an international application claiming for the patent right for invention is made by the International Bureau in Chinese, it shall be subject to Article 13 of the Patent Law from the date of international publication or from the date of publication by the administrative department for patent under the State Council; where the international publication is made by the International Bureau in a language other than Chinese, it shall be subject to Article 13 of the Patent Law from the date of publication by the administrative department for patent under the State Council.
For an international application, "publication" mentioned in Articles 21 and 22 of the Patent Law means the publication provided in Paragraph 1 of this Article.
Rule 133
Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, file a division of application in accordance with the provisions of Rule 48, paragraph one of these Implementing Regulations.
If, in the International Phase, the International Searching Authority or the International Preliminary Examination Authority considers that the international application is not in conformity with the requirement of singularity provided in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee as provided, thus causing some parts of the international application to be the subject of international searching or international preliminary examination, the applicant requests that the said parts be the basis of examination at the time of entry into the National Phase in China. Where the administrative department for patent under the State Council considers that the decision on unity of invention made by the international retrieval entity or the international preliminary examination entity is justified, it shall notify the applicant to pay the fee for restoration of unity within a specified time limit. Where the said fee has not been paid or fully paid at the expiry of the time limit, the parts of the international application which have not undergone search or international preliminary examination shall be deemed to have been withdrawn.
Rule 134
Where, in the International Phase, an international application is refused by a relevant international entity to grant an international application date on it or is declared to be deemed to have been withdrawn, the applicant may, within 2 months from the date on which he or it receives the notice, request the International Bureau to transfer the copy of any document in the file of the international application to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after receiving the documents transmitted by the International Bureau, re-examine whether the decision made by the international entity is correct.
Rule 135
With respect to the patent right granted upon the international application, if the scope of protection determined in accordance with Article 64 of the Patent Law has exceeded the scope expressed in the original text of the international application due to errors in the translation, the protection scope which is limited on the basis of the original text shall prevail; if the protection scope is narrower than the scope expressed in the original text of the international application due to such errors in the translation, the protection scope at the time of grant shall prevail.
Chapter XII Special Provisions on International Applications for Designs
Rule 136
The administrative department for patent under the State Council shall, in accordance with the provisions of Article 19 (2) and (3) of the Patent Law, handle the application for international registration of industrial designs filed in accordance with the Hague Agreement for the International Registration of Industrial Designs (1999 Text) (hereinafter referred to as the Hague Agreement).
The requirements and procedures of the administrative department for patent under the State Council for handling the international registration of designs filed in accordance with the Hague Agreement and designating China (hereinafter referred to as the international application for design) shall be governed by the provisions of this Chapter. Where there are no provisions in this Chapter, the relevant provisions in the Patent Law and other chapters of these Rules shall apply.
Rule 137
Any international application for a design for which an international registration date has been fixed in accordance with the Hague Agreement and which has designated China shall be deemed to be an application for a patent for design filed with the patent administration department under the State Council. The international registration date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.
Rule 138
After the publication of an international application for design by the International Bureau, the administrative department for patent under the State Council shall examine the international application for design and notify the International Bureau of the result of the examination.
Rule 139
Where the international application for a design published by the International Bureau contains one or more claims of priority, the written declaration shall be deemed to have been made in accordance with the provisions of Article 30 of the Patent Law.
Where the applicant of an international application for design claims the right of priority, he or she shall submit a copy of the earlier application documents within three months from the date of publication of the international application for design.
Rule 140
Where the design to which the international application relates falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the international application for design, make a declaration and furnish the relevant certified documents prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of publication of the international application for design.
Rule 141
Where an international application for a design contains two or more designs, the applicant may, within two months from the date of publication of the international application for design, file with the Patent Administration Department under the State Council a divisional application and pay the fee.
Rule 142
Where the international application for a design published by the International Bureau contains a specification containing key points of the design, the specification shall be deemed to have been filed in accordance with the provisions of Rule 31.
Rule 143
Where it is found after examination of the international application for design by the administrative department for patent under the State Council that there is no cause for rejection, the administrative department for patent under the State Council shall make the decision to grant protection and notify the International Bureau of the same.
The decision to grant protection made by the patent administration department under the State Council shall be announced, and the patent right for design shall take effect as of the date of the announcement.
Rule 144
Where the formalities for the change of rights have been completed in the International Bureau, the applicant shall submit the relevant certification materials to the administrative department for patent under the State Council.
Chapter XIII Supplementary Provisions
Rule 145
Any person may, upon approval by the administrative department for patent under the State Council, inspect or copy the files of the published or announced patent applications and the Patent Register, and may request the administrative department for patent under the State Council to issue a copy of the Patent Register.
The files of patent applications which are deemed to have been withdrawn or which have been rejected or which have been voluntarily withdrawn shall not be preserved after the 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.
Rule 146
The application documents submitted to the administrative department for patent under the State Council and the formalities fulfilled shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives; where a patent agency is appointed, it shall be sealed by the patent agency.
Where a change of the name of the inventor, the name, nationality and address of the applicant or the patentee, or the name and address of the patent agency and the name of the patent agent is requested, a request for a change in the bibliographic data shall be made to the administrative department for patent under the State Council, and when necessary, supporting materials for the change shall be submitted.
Rule 147
The documents relating to a patent application or patent right which are mailed to the administrative department for patent under the State Council shall be mailed by registered letter and shall not be mailed by parcel.
Except for any patent application document submitted 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 application number or the patent number, the title of the invention-creation and the name of the applicant or the patentee shall be indicated.
A letter shall contain only the documents of the same application.
Rule 148
The administrative department for patent under the State Council shall formulate the guidelines for patent examination in accordance with the Patent Law and these Rules.
Rule 149
These Rules shall enter into force as of July 1, 2001. The Rules for the Implementation 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 simultaneously.

第五十三条　申请人写明使用外观设计的产品及其所属类别的，应当使用国务院专利行政部门公布的外观设计产品分类表。未写明使用外观设计的产品所属类别或者所写的类别不确切的，国务院专利行政部门可以予以补充或者修改。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 53
Where the applicant indicates the product incorporating the design and the class to which the product belongs, the classification of products for designs published by the administrative department for patent under the State Council shall be used. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the administrative department for patent under the State Council may supplement or amend it.

第五十四条　自发明专利申请公布之日起至公告授予专利权之日止，任何人均可以对不符合专利法规定的专利申请向国务院专利行政部门提出意见，并说明理由。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 54
Any person may, from the date of publishing an application for a patent for invention until the date of announcing the grant of the patent right, submit his opinions to the administrative department for patent under the State Council, with the reasons thereof, on the application which is not in conformity with the Patent Law.

第五十五条　发明专利申请人因有正当理由无法提交专利法第三十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十六条
发明专利的申请人请求实质审查的时候，应当提交在申请日前与其发明有关的参考资料。
发明专利已经在外国提出过申请的，国务院专利行政部门可以要求申请人在指定期限内提交该国为审查其申请进行检索的资料或者审查结果的资料；无正当理由逾期不提交的，该申请即被视为撤回。
规定的检索资料或者审查结果资料的，应当向国务院专利行政部门声明，并在得到有关资料后补交。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 55
Where the applicant for a patent for invention is unable to submit, for any justified reason, the documents concerning any search or the results of any examination provided for in Article 36 of the Patent Law, he or it shall make a statement to the Patent Administration Department under the State Council and submit them when he or it obtains the relevant documents.

第五十六条　国务院专利行政部门依照专利法第三十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十五条
发明专利申请自申请日起三年内，国务院专利行政部门可以根据申请人随时提出的请求，对其申请进行实质审查；申请人无正当理由逾期不请求实质审查的，该申请即被视为撤回。
国务院专利行政部门认为必要的时候，可以自行对发明专利申请进行实质审查。
第二款的规定对专利申请自行进行审查时，应当通知申请人。

申请人可以对专利申请提出延迟审查请求。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 56
The administrative department for patent under the State Council shall, when proceeding on its own initiative to examine an application for a patent in accordance with Paragraph 2 of Article 35 of the Patent Law, notify the applicant accordingly.
The applicant may file a request for postponing the examination of the patent application.

第五十七条　发明专利申请人在提出实质审查请求时以及在收到国务院专利行政部门发出的发明专利申请进入实质审查阶段通知书之日起的3个月内，可以对发明专利申请主动提出修改。

实用新型或者外观设计专利申请人自申请日起2个月内，可以对实用新型或者外观设计专利申请主动提出修改。

申请人在收到国务院专利行政部门发出的审查意见通知书后对专利申请文件进行修改的，应当针对通知书指出的缺陷进行修改。

国务院专利行政部门可以自行修改专利申请文件中文字和符号的明显错误。国务院专利行政部门自行修改的，应当通知申请人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 57
When a request for examination as to substance is made, or within the time limit of three months after the receipt of the notification of the Patent Administration Department under the State Council that the application for a patent for invention has entered into examination as to substance, the applicant for a patent for invention may amend the application for a patent for invention on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application for a patent for utility model or design on its or his own initiative.
Where the applicant amends the patent application documents after receiving the notification of examination opinions issued by the administrative department for patent under the State Council, he shall amend the defects pointed out in the notification.
The administrative department for patent under the State Council may amend the obvious diction and symbol errors in the patent application documents at its own discretion. Where the administrative department for patent under the State Council amends on its own initiative, it shall notify the applicant.

第五十八条　发明或者实用新型专利申请的说明书或者权利要求书的修改部分，除个别文字修改或者增删外，应当按照规定格式提交替换页。外观设计专利申请的图片或者照片的修改，应当按照规定提交替换页。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 58
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 the provided format 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.

第五十九条　依照专利法第三十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十八条
发明专利申请经申请人陈述意见或者进行修改后，国务院专利行政部门仍然认为不符合本法规定的，应当予以驳回。
的规定，发明专利申请经实质审查应当予以驳回的情形是指：

（一）申请属于专利法第五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五条
对违反法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
对违反法律、行政法规的规定获取或者利用遗传资源，并依赖该遗传资源完成的发明创造，不授予专利权。
、第二十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十五条
对下列各项，不授予专利权：
（一）科学发现；
（二）智力活动的规则和方法；
（三）疾病的诊断和治疗方法；
（四）动物和植物品种；
（五）原子核变换方法以及用原子核变换方法获得的物质；
（六）对平面印刷品的图案、色彩或者二者的结合作出的主要起标识作用的设计。
对前款第（四）项所列产品的生产方法，可以依照本法规定授予专利权。
规定的情形，或者依照专利法第九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第九条
同样的发明创造只能授予一项专利权。但是，同一申请人同日对同样的发明创造既申请实用新型专利又申请发明专利，先获得的实用新型专利权尚未终止，且申请人声明放弃该实用新型专利权的，可以授予发明专利权。
两个以上的申请人分别就同样的发明创造申请专利的，专利权授予最先申请的人。
规定不能取得专利权的；

（二）申请不符合专利法第二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二条
本法所称的发明创造是指发明、实用新型和外观设计。
发明，是指对产品、方法或者其改进所提出的新的技术方案。
实用新型，是指对产品的形状、构造或者其结合所提出的适于实用的新的技术方案。
外观设计，是指对产品的整体或者局部的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。
第二款、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
第一款、第二十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十二条
授予专利权的发明和实用新型，应当具备新颖性、创造性和实用性。
新颖性，是指该发明或者实用新型不属于现有技术；也没有任何单位或者个人就同样的发明或者实用新型在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公布的专利申请文件或者公告的专利文件中。
创造性，是指与现有技术相比，该发明具有突出的实质性特点和显著的进步，该实用新型具有实质性特点和进步。
实用性，是指该发明或者实用新型能够制造或者使用，并且能够产生积极效果。
本法所称现有技术，是指申请日以前在国内外为公众所知的技术。
英文
、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第三款、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第四款、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第五款、第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十一条
一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
一件外观设计专利申请应当限于一项外观设计。同一产品两项以上的相似外观设计，或者用于同一类别并且成套出售或者使用的产品的两项以上外观设计，可以作为一件申请提出。
第一款或者本细则第十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。
、第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十三条　权利要求书应当有独立权利要求，也可以有从属权利要求。
独立权利要求应当从整体上反映发明或者实用新型的技术方案，记载解决技术问题的必要技术特征。
从属权利要求应当用附加的技术特征，对引用的权利要求作进一步限定。
第二款规定的；

（三）申请的修改不符合专利法第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十三条
申请人可以对其专利申请文件进行修改，但是，对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求书记载的范围，对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。
规定，或者分案的申请不符合本细则第四十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十九条　依照本细则第四十八条规定提出的分案申请，可以保留原申请日，享有优先权的，可以保留优先权日，但是不得超出原申请记载的范围。
分案申请应当依照专利法及本细则的规定办理有关手续。
分案申请的请求书中应当写明原申请的申请号和申请日。
第一款的规定的。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 59
In accordance with the provisions of Article 38 of the Patent Law, the circumstances in which an application for a patent for invention shall be rejected after examination as to substance are as follows:
(1) where the application falls under the provisions of Articles 5 and 25 of the Patent Law, or where the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(2) where the application does not comply with the provisions of Article 2, paragraph 2, Article 19, paragraph 1, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 26, paragraph 5, Article 31, paragraph 1 of the Patent Law or Article 11, Paragraph 2 of Article 23 of these Rules;
(3) where the amendment to the application is not in conformity with the provisions of Article 33 of the Patent Law, or the divisional application is not in conformity with the provisions of Rule 49, paragraph one of these Implementing Regulations.

第六十条　国务院专利行政部门发出授予专利权的通知后，申请人应当自收到通知之日起2个月内办理登记手续。申请人按期办理登记手续的，国务院专利行政部门应当授予专利权，颁发专利证书，并予以公告。

期满未办理登记手续的，视为放弃取得专利权的权利。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 60
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 2 months from the date of receipt of the notification. If the applicant has fulfilled the formalities of registration within the said time limit, the administrative department for patent under the State Council shall grant the patent right, issue the patent certificate, and announce it.
If no registration formalities have been carried out at the expiration of the time limit, the right to obtain the patent right shall be deemed to have been abandoned.

第六十一条　保密专利申请经审查没有发现驳回理由的，国务院专利行政部门应当作出授予保密专利权的决定，颁发保密专利证书，登记保密专利权的有关事项。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 64
The administrative department for patent under the State Council shall, upon discovery of any error in the patent announcement or in the single patent version, correct it in time, and announce such correction.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right

第六十二条　授予实用新型或者外观设计专利权的决定公告后，专利法第六十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六十六条
专利侵权纠纷涉及新产品制造方法的发明专利的，制造同样产品的单位或者个人应当提供其产品制造方法不同于专利方法的证明。
专利侵权纠纷涉及实用新型专利或者外观设计专利的，人民法院或者管理专利工作的部门可以要求专利权人或者利害关系人出具由国务院专利行政部门对相关实用新型或者外观设计进行检索、分析和评价后作出的专利权评价报告，作为审理、处理专利侵权纠纷的证据；专利权人、利害关系人或者被控侵权人也可以主动出具专利权评价报告。
规定的专利权人、利害关系人、被控侵权人可以请求国务院专利行政部门作出专利权评价报告。申请人可以在办理专利权登记手续时请求国务院专利行政部门作出专利权评价报告。

请求作出专利权评价报告的，应当提交专利权评价报告请求书，写明专利申请号或者专利号。每项请求应当限于一项专利申请或者专利权。

专利权评价报告请求书不符合规定的，国务院专利行政部门应当通知请求人在指定期限内补正；请求人期满未补正的，视为未提出请求。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 62
After the announcement of the decision to grant the patent right for utility model or design, the patentee, interested party or the accused infringer provided for in Article 66 of the Patent Law may request the patent administration department under the State Council to make a patent evaluation report. The applicant may request the administrative department for patent under the State Council to make a patent evaluation report when going through the formalities for patent registration.
Where a request for a patent evaluation report is made, a request for a patent evaluation report shall be submitted, stating the patent application number or patent number. Each request shall be limited to one patent application or patent right.
Where the request for a patent evaluation report is not in conformity with the provisions, the administrative department for patent under the State Council shall notify the person making the request to rectify it within a specified time limit. Where the person making the request fails to rectify it within the specified time limit, the request shall be deemed not to have been made.

第六十三条　国务院专利行政部门应当自收到专利权评价报告请求书后2个月内作出专利权评价报告，但申请人在办理专利权登记手续时请求作出专利权评价报告的，国务院专利行政部门应当自公告授予专利权之日起2个月内作出专利权评价报告。

对同一项实用新型或者外观设计专利权，有多个请求人请求作出专利权评价报告的，国务院专利行政部门仅作出一份专利权评价报告。任何单位或者个人可以查阅或者复制该专利权评价报告。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 63
The administrative department for patent under the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. However, where the applicant requests a patent evaluation report when going through the patent registration formalities, the administrative department for patent under the State Council shall make a patent evaluation report within 2 months from the date of announcing the grant of the patent right.
Where more than one petitioner requests a patent evaluation report for the same patent right for utility model or design, the patent administration department under the State Council shall make only one patent evaluation report. Any entity or individual may consult or copy the patent evaluation report.

第六十四条　国务院专利行政部门对专利公告、专利单行本中出现的错误，一经发现，应当及时更正，并对所作更正予以公告。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 64
The administrative department for patent under the State Council shall, upon discovery of any error in the patent announcement or in the single patent version, correct it in time, and announce such correction.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right

第六十五条　依照专利法第四十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十一条
专利申请人对国务院专利行政部门驳回申请的决定不服的，可以自收到通知之日起三个月内向国务院专利行政部门请求复审。国务院专利行政部门复审后，作出决定，并通知专利申请人。
专利申请人对国务院专利行政部门的复审决定不服的，可以自收到通知之日起三个月内向人民法院起诉。
的规定向国务院专利行政部门请求复审的，应当提交复审请求书，说明理由，必要时还应当附具有关证据。

复审请求不符合专利法第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款或者第四十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十一条
专利申请人对国务院专利行政部门驳回申请的决定不服的，可以自收到通知之日起三个月内向国务院专利行政部门请求复审。国务院专利行政部门复审后，作出决定，并通知专利申请人。
专利申请人对国务院专利行政部门的复审决定不服的，可以自收到通知之日起三个月内向人民法院起诉。
第一款规定的，国务院专利行政部门不予受理，书面通知复审请求人并说明理由。

复审请求书不符合规定格式的，复审请求人应当在国务院专利行政部门指定的期限内补正；期满未补正的，该复审请求视为未提出。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 65
Where the request for reexamination is submitted to the Patent Administration Department under the State Council in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be filed, the reasons for which shall be stated, and, when necessary, relevant supporting documents shall be attached.
Where the request for reexamination is not in conformity with the provisions of Article l8, paragraph one, or Article 41, paragraph one, of the Patent Law, the administrative department for patent under the State Council shall not accept it, and shall notify the person making the request for reexamination in writing, together with an explanation of the reasons.
Where the request for reexamination is not in conformity with the provided form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If it is not rectified at the expiry of the time limit, the request for reexamination shall be deemed not to have been made.

第六十六条　请求人在提出复审请求或者在对国务院专利行政部门的复审通知书作出答复时，可以修改专利申请文件；但是，修改应当仅限于消除驳回决定或者复审通知书指出的缺陷。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 66
The person making the request may, when requesting reexamination or making responses to the notification of reexamination made by the administrative department for patent under the State Council, amend the patent application documents; however, the amendments shall be limited to removing the defects pointed out in the decision of rejection or the notification of reexamination.

第六十七条　国务院专利行政部门进行复审后，认为复审请求不符合专利法和本细则有关规定或者专利申请存在其他明显违反专利法和本细则有关规定情形的，应当通知复审请求人，要求其在指定期限内陈述意见。期满未答复的，该复审请求视为撤回；经陈述意见或者进行修改后，国务院专利行政部门认为仍不符合专利法和本细则有关规定的，应当作出驳回复审请求的复审决定。

国务院专利行政部门进行复审后，认为原驳回决定不符合专利法和本细则有关规定的，或者认为经过修改的专利申请文件消除了原驳回决定和复审通知书指出的缺陷的，应当撤销原驳回决定，继续进行审查程序。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 67
Where, after reexamination, the Patent Administration Department under the State Council finds that the request for reexamination is not in conformity with relevant provisions in the Patent Law and these Implementing Regulations, or that the application is in other circumstances which obviously violate relevant provisions in the Patent Law and these Implementing Regulations, it shall invite the person requesting reexamination to submit his observations within a specified time limit. Where no response has been made at the expiry of the time limit, the request for reexamination shall be deemed to have been withdrawn; where, after the making of the observations and amendments, the administrative department for patent under the State Council still finds that the request for reexamination is not in conformity with the provisions of the Patent Law and these Rules, it shall make a decision of reexamination to reject the request for reexamination.
Where the administrative department for patent under the State Council considers after reexamination that the original decision on rejection is not in conformity with relevant provisions in the Patent Law and these Rules, or considers that the defects pointed out in the original decision on rejection and the notification of reexamination have been removed from the amended patent application documents, it shall revoke the original decision on rejection and continue the examination procedures.

第六十八条　复审请求人在国务院专利行政部门作出决定前，可以撤回其复审请求。

复审请求人在国务院专利行政部门作出决定前撤回其复审请求的，复审程序终止。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 68
At any time before the Patent Administration Department under the State Council makes a decision on the request for reexamination, the person making the request may withdraw his request for reexamination.
Where the person making the request withdraws his request for reexamination before the administrative department for patent under the State Council makes a decision on it, the reexamination procedures shall be terminated.

第六十九条　依照专利法第四十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十五条
自国务院专利行政部门公告授予专利权之日起，任何单位或者个人认为该专利权的授予不符合本法有关规定的，可以请求国务院专利行政部门宣告该专利权无效。
的规定，请求宣告专利权无效或者部分无效的，应当向国务院专利行政部门提交专利权无效宣告请求书和必要的证据一式两份。无效宣告请求书应当结合提交的所有证据，具体说明无效宣告请求的理由，并指明每项理由所依据的证据。

前款所称无效宣告请求的理由，是指被授予专利的发明创造不符合专利法第二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二条
本法所称的发明创造是指发明、实用新型和外观设计。
发明，是指对产品、方法或者其改进所提出的新的技术方案。
实用新型，是指对产品的形状、构造或者其结合所提出的适于实用的新的技术方案。
外观设计，是指对产品的整体或者局部的形状、图案或者其结合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。
、第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
第一款、第二十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十二条
授予专利权的发明和实用新型，应当具备新颖性、创造性和实用性。
新颖性，是指该发明或者实用新型不属于现有技术；也没有任何单位或者个人就同样的发明或者实用新型在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公布的专利申请文件或者公告的专利文件中。
创造性，是指与现有技术相比，该发明具有突出的实质性特点和显著的进步，该实用新型具有实质性特点和进步。
实用性，是指该发明或者实用新型能够制造或者使用，并且能够产生积极效果。
本法所称现有技术，是指申请日以前在国内外为公众所知的技术。
英文
、第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十三条
授予专利权的外观设计，应当不属于现有设计；也没有任何单位或者个人就同样的外观设计在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公告的专利文件中。
授予专利权的外观设计与现有设计或者现有设计特征的组合相比，应当具有明显区别。
授予专利权的外观设计不得与他人在申请日以前已经取得的合法权利相冲突。
本法所称现有设计，是指申请日以前在国内外为公众所知的设计。
、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第三款、第二十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十六条
申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
请求书应当写明发明或者实用新型的名称，发明人的姓名，申请人姓名或者名称、地址，以及其他事项。
说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
权利要求书应当以说明书为依据，清楚、简要地限定要求专利保护的范围。
依赖遗传资源完成的发明创造，申请人应当在专利申请文件中说明该遗传资源的直接来源和原始来源；申请人无法说明原始来源的，应当陈述理由。
第四款、第二十七条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十七条
申请外观设计专利的，应当提交请求书、该外观设计的图片或者照片以及对该外观设计的简要说明等文件。
申请人提交的有关图片或者照片应当清楚地显示要求专利保护的产品的外观设计。
第二款、第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十三条
申请人可以对其专利申请文件进行修改，但是，对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求书记载的范围，对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。
或者本细则第十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。
、第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十三条　权利要求书应当有独立权利要求，也可以有从属权利要求。
独立权利要求应当从整体上反映发明或者实用新型的技术方案，记载解决技术问题的必要技术特征。
从属权利要求应当用附加的技术特征，对引用的权利要求作进一步限定。
第二款、第四十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十九条　依照本细则第四十八条规定提出的分案申请，可以保留原申请日，享有优先权的，可以保留优先权日，但是不得超出原申请记载的范围。
分案申请应当依照专利法及本细则的规定办理有关手续。
分案申请的请求书中应当写明原申请的申请号和申请日。
第一款的规定，或者属于专利法第五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五条
对违反法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
对违反法律、行政法规的规定获取或者利用遗传资源，并依赖该遗传资源完成的发明创造，不授予专利权。
、第二十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十五条
对下列各项，不授予专利权：
（一）科学发现；
（二）智力活动的规则和方法；
（三）疾病的诊断和治疗方法；
（四）动物和植物品种；
（五）原子核变换方法以及用原子核变换方法获得的物质；
（六）对平面印刷品的图案、色彩或者二者的结合作出的主要起标识作用的设计。
对前款第（四）项所列产品的生产方法，可以依照本法规定授予专利权。
规定的情形，或者依照专利法第九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第九条
同样的发明创造只能授予一项专利权。但是，同一申请人同日对同样的发明创造既申请实用新型专利又申请发明专利，先获得的实用新型专利权尚未终止，且申请人声明放弃该实用新型专利权的，可以授予发明专利权。
两个以上的申请人分别就同样的发明创造申请专利的，专利权授予最先申请的人。
规定不能取得专利权。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 69
Anyone requesting invalidation or partial invalidation of a patent right in accordance with Article 45 of the Patent Law shall submit a written request and necessary supporting documents in two copies to the administrative department for patent under the State Council. The request for invalidation shall specify the reasons for the request for invalidation in combination with all the evidence submitted, and indicate the evidence on which each reason is based.
The reasons for the request for invalidation referred to in the preceding paragraph means that the invention-creation for which the patent right is granted does not comply with Article 2, Paragraph 1 of Article 19, Article 22, Article 23, Paragraph 3 of Article 26, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Article 33 of the Patent Law or Article 11, Paragraph 2 of Article 23, Paragraph 1 of Article 49 of these Rules. Or falls under the circumstances provided for in Articles 5 and 25 of the Patent Law, or the applicant is not entitled to a patent right in accordance with Article 9 of the Patent Law.

第七十条　专利权无效宣告请求不符合专利法第十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十八条
在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托依法设立的专利代理机构办理。
中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托依法设立的专利代理机构办理。
专利代理机构应当遵守法律、行政法规，按照被代理人的委托办理专利申请或者其他专利事务；对被代理人发明创造的内容，除专利申请已经公布或者公告的以外，负有保密责任。专利代理机构的具体管理办法由国务院规定。
第一款或者本细则第六十九条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第六十九条　依照专利法第四十五条的规定，请求宣告专利权无效或者部分无效的，应当向国务院专利行政部门提交专利权无效宣告请求书和必要的证据一式两份。无效宣告请求书应当结合提交的所有证据，具体说明无效宣告请求的理由，并指明每项理由所依据的证据。
前款所称无效宣告请求的理由，是指被授予专利的发明创造不符合专利法第二条、第十九条第一款、第二十二条、第二十三条、第二十六条第三款、第二十六条第四款、第二十七条第二款、第三十三条或者本细则第十一条、第二十三条第二款、第四十九条第一款的规定，或者属于专利法第五条、第二十五条规定的情形，或者依照专利法第九条规定不能取得专利权。
规定的，国务院专利行政部门不予受理。

在国务院专利行政部门就无效宣告请求作出决定之后，又以同样的理由和证据请求无效宣告的，国务院专利行政部门不予受理。

以不符合专利法第二十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十三条
授予专利权的外观设计，应当不属于现有设计；也没有任何单位或者个人就同样的外观设计在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公告的专利文件中。
授予专利权的外观设计与现有设计或者现有设计特征的组合相比，应当具有明显区别。
授予专利权的外观设计不得与他人在申请日以前已经取得的合法权利相冲突。
本法所称现有设计，是指申请日以前在国内外为公众所知的设计。
第三款的规定为理由请求宣告外观设计专利权无效，但是未提交证明权利冲突的证据的，国务院专利行政部门不予受理。

专利权无效宣告请求书不符合规定格式的，无效宣告请求人应当在国务院专利行政部门指定的期限内补正；期满未补正的，该无效宣告请求视为未提出。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 70
Where a request for invalidation of a patent right is not in conformity with the provisions of Article 18, paragraph one of the Patent Law or Article 69 of these Rules, the administrative department for patent under the State Council shall not accept it.
Where, after the Patent Administration Department under the State Council has made a decision on the request for invalidation, a request for invalidation is made on the same grounds and evidence, the Patent Administration Department under the State Council shall not accept it.
Where a request for invalidation of a patent right for design is made on the ground that it is not in conformity with the provisions of Article 23.3 of the Patent Law, but no evidence is submitted to prove the conflict of rights, the administrative department for patent under the State Council shall not accept it.
Where the request for invalidation of the patent right is not in conformity with the prescribed form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If the rectification is not made at the expiry of the time limit, the request for invalidation shall be deemed not to have been made.

第七十一条　在国务院专利行政部门受理无效宣告请求后，请求人可以在提出无效宣告请求之日起1个月内增加理由或者补充证据。逾期增加理由或者补充证据的，国务院专利行政部门可以不予考虑。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 71
After the administrative department for patent under the State Council has accepted the request for invalidation, the person making the request may add reasons or supplement evidence within 1 month from the date when the request for invalidation is filed. The administrative department for patent under the State Council may not consider any additional reasons or supplementary evidence after the expiration of the time limit.

第七十二条　国务院专利行政部门应当将专利权无效宣告请求书和有关文件的副本送交专利权人，要求其在指定的期限内陈述意见。

专利权人和无效宣告请求人应当在指定期限内答复国务院专利行政部门发出的转送文件通知书或者无效宣告请求审查通知书；期满未答复的，不影响国务院专利行政部门审理。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 72
The administrative department for patent under the State Council shall send the written request for the invalidation of the patent right and the copies of the relevant documents to the patentee, requiring it to state its opinions within a specified time limit.
The patentee and the person making the request for invalidation shall, within the specified time limit, make responses to the notification on transmitting the documents or the notification on examining the request for invalidation sent by the administrative department for patent under the State Council; where no response has been made at the expiry of the time limit, the examination by the administrative department for patent under the State Council shall not be affected.

第七十三条　在无效宣告请求的审查过程中，发明或者实用新型专利的专利权人可以修改其权利要求书，但是不得扩大原专利的保护范围。国务院专利行政部门在修改后的权利要求基础上作出维持专利权有效或者宣告专利权部分无效的决定的，应当公告修改后的权利要求。

发明或者实用新型专利的专利权人不得修改专利说明书和附图，外观设计专利的专利权人不得修改图片、照片和简要说明。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 73
In the course of the examination of the request for invalidation, the patentee of a patent for invention or utility model may amend its claims, but shall not expand the scope of protection of the original patent. Where the administrative department for patent under the State Council makes a decision to maintain the validity of the patent right or to declare a part of the patent right invalid on the basis of the amended claims, it shall announce the amended claims.
The patentee of a patent for invention or utility model shall not amend the specification or the appended drawings of a patent, and the patentee of a patent for design shall not amend the drawings, photographs or brief explanation.

第七十四条　国务院专利行政部门根据当事人的请求或者案情需要，可以决定对无效宣告请求进行口头审理。

国务院专利行政部门决定对无效宣告请求进行口头审理的，应当向当事人发出口头审理通知书，告知举行口头审理的日期和地点。当事人应当在通知书指定的期限内作出答复。

无效宣告请求人对国务院专利行政部门发出的口头审理通知书在指定的期限内未作答复，并且不参加口头审理的，其无效宣告请求视为撤回；专利权人不参加口头审理的，可以缺席审理。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 74
The Patent Administration Department under the State Council may, upon the request of the party concerned or in accordance with the needs of the case, decide to conduct an oral procedure in respect of the request for invalidation.
Where the administrative department for patent under the State Council decides to hear the request for invalidation orally, it shall send a notification on the oral hearing to the party concerned, informing the date and place for holding the oral hearing. The parties shall make a reply within the time limit specified in the notice.
Where the person making the request for invalidation has not made any response within the time limit specified in the notification on oral hearing sent by the patent administration department under the State Council, and does not participate in the oral hearing, the request for invalidation shall be deemed to have been withdrawn; where the patentee does not participate in the oral hearing, the case may be heard by default.

第七十五条　在无效宣告请求审查程序中，国务院专利行政部门指定的期限不得延长。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 75
In the course of the examination of a request for invalidation, the time limit specified by the Patent Administration Department under the State Council shall not be extended.

第七十六条　国务院专利行政部门对无效宣告的请求作出决定前，无效宣告请求人可以撤回其请求。

国务院专利行政部门作出决定之前，无效宣告请求人撤回其请求或者其无效宣告请求被视为撤回的，无效宣告请求审查程序终止。但是，国务院专利行政部门认为根据已进行的审查工作能够作出宣告专利权无效或者部分无效的决定的，不终止审查程序。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 76
The person making the request for invalidation may withdraw his request before the Patent Administration Department under the State Council makes a decision on it.
Where the person making the request for invalidation withdraws his request or the request for invalidation is deemed to be withdrawn before the administrative department for patent under the State Council makes a decision, the examination procedures for the request for invalidation shall be terminated. However, where the administrative department for patent under the State Council considers that it can make a decision declaring the patent right invalid or partially invalid on the basis of the examination work already carried out, it shall not terminate the examination procedure.
Chapter V Compensation for the Duration of Patent Right

第七十七条　依照专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第二款的规定请求给予专利权期限补偿的，专利权人应当自公告授予专利权之日起3个月内向国务院专利行政部门提出。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 77
Where a request for compensation for the duration of a patent right is made in accordance with Paragraph 2 of Article 42 of the Patent Law, the patentee shall, within three months from the date of the announcement of the grant of the patent right, submit it to the administrative department for patent under the State Council.

第七十八条　依照专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第二款的规定给予专利权期限补偿的，补偿期限按照发明专利在授权过程中不合理延迟的实际天数计算。

前款所称发明专利在授权过程中不合理延迟的实际天数，是指自发明专利申请日起满4年且自实质审查请求之日起满3年之日至公告授予专利权之日的间隔天数，减去合理延迟的天数和由申请人引起的不合理延迟的天数。

下列情形属于合理延迟：

（一）依照本细则第六十六条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第六十六条　请求人在提出复审请求或者在对国务院专利行政部门的复审通知书作出答复时，可以修改专利申请文件；但是，修改应当仅限于消除驳回决定或者复审通知书指出的缺陷。
的规定修改专利申请文件后被授予专利权的，因复审程序引起的延迟；

（二）因本细则第一百零三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百零三条　当事人因专利申请权或者专利权的归属发生纠纷，已请求管理专利工作的部门调解或者向人民法院起诉的，可以请求国务院专利行政部门中止有关程序。
依照前款规定请求中止有关程序的，应当向国务院专利行政部门提交请求书，说明理由，并附具管理专利工作的部门或者人民法院的写明申请号或者专利号的有关受理文件副本。国务院专利行政部门认为当事人提出的中止理由明显不能成立的，可以不中止有关程序。
管理专利工作的部门作出的调解书或者人民法院作出的判决生效后，当事人应当向国务院专利行政部门办理恢复有关程序的手续。自请求中止之日起1年内，有关专利申请权或者专利权归属的纠纷未能结案，需要继续中止有关程序的，请求人应当在该期限内请求延长中止。期满未请求延长的，国务院专利行政部门自行恢复有关程序。
、第一百零四条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百零三条　当事人因专利申请权或者专利权的归属发生纠纷，已请求管理专利工作的部门调解或者向人民法院起诉的，可以请求国务院专利行政部门中止有关程序。
依照前款规定请求中止有关程序的，应当向国务院专利行政部门提交请求书，说明理由，并附具管理专利工作的部门或者人民法院的写明申请号或者专利号的有关受理文件副本。国务院专利行政部门认为当事人提出的中止理由明显不能成立的，可以不中止有关程序。
管理专利工作的部门作出的调解书或者人民法院作出的判决生效后，当事人应当向国务院专利行政部门办理恢复有关程序的手续。自请求中止之日起1年内，有关专利申请权或者专利权归属的纠纷未能结案，需要继续中止有关程序的，请求人应当在该期限内请求延长中止。期满未请求延长的，国务院专利行政部门自行恢复有关程序。
规定情形引起的延迟；

（三）其他合理情形引起的延迟。

同一申请人同日对同样的发明创造既申请实用新型专利又申请发明专利，依照本细则第四十七条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十七条　两个以上的申请人同日（指申请日；有优先权的，指优先权日）分别就同样的发明创造申请专利的，应当在收到国务院专利行政部门的通知后自行协商确定申请人。
同一申请人在同日（指申请日）对同样的发明创造既申请实用新型专利又申请发明专利的，应当在申请时分别说明对同样的发明创造已申请了另一专利；未作说明的，依照专利法第九条第一款关于同样的发明创造只能授予一项专利权的规定处理。
国务院专利行政部门公告授予实用新型专利权，应当公告申请人已依照本条第二款的规定同时申请了发明专利的说明。
发明专利申请经审查没有发现驳回理由，国务院专利行政部门应当通知申请人在规定期限内声明放弃实用新型专利权。申请人声明放弃的，国务院专利行政部门应当作出授予发明专利权的决定，并在公告授予发明专利权时一并公告申请人放弃实用新型专利权声明。申请人不同意放弃的，国务院专利行政部门应当驳回该发明专利申请；申请人期满未答复的，视为撤回该发明专利申请。
实用新型专利权自公告授予发明专利权之日起终止。
第四款的规定取得发明专利权的，该发明专利权的期限不适用专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第二款的规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 78
Where compensation for the duration of the patent right is granted in accordance with the provisions of Article 42, paragraph 2, of the Patent Law, the duration of compensation shall be calculated on the basis of the actual number of days of unreasonable delay in the process of authorization of the patent for invention.
The term "the actual number of days of unreasonable delay in the process of granting a patent for invention" as mentioned in the preceding paragraph refers to the number of days between the expiration of four years from the date of application for a patent for invention and the expiration of three years from the date of request for substantive examination and the date of announcement of the grant of the patent right, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.
The following are reasonable delays:
(1) where a patent right is granted after the patent application documents have been amended in accordance with the provisions of Article 66 of these Rules, the delay caused by the reexamination procedure;
(2) Delays caused by the circumstances specified in Articles 103 and 104 of these Rules;
(3) Delays caused by other reasonable circumstances.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same day, and obtains a patent right for invention in accordance with the provisions of Article 47, paragraph four of these Rules, the duration of the patent right for the invention shall not be governed by the provisions of Article 42, paragraph two of the Patent Law.

第七十九条　专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第二款规定的由申请人引起的不合理延迟包括以下情形：

（一）未在指定期限内答复国务院专利行政部门发出的通知；

（二）申请延迟审查；

（三）因本细则第四十五条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十五条　发明或者实用新型专利申请缺少或者错误提交权利要求书、说明书或者权利要求书、说明书的部分内容，但申请人在递交日要求了优先权的，可以自递交日起2个月内或者在国务院专利行政部门指定的期限内以援引在先申请文件的方式补交。补交的文件符合有关规定的，以首次提交文件的递交日为申请日。
规定情形引起的延迟；

（四）其他由申请人引起的不合理延迟。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 79
The unreasonable delay caused by the applicant as prescribed in Paragraph 2 of Article 42 of the Patent Law includes the following circumstances:
(1) failure to respond to the notification sent by the administrative department for patent under the State Council within the specified time limit;
(2) Application for postponement of examination;
(3) Delays caused by the circumstances specified in Article 45 of these Rules;
(4) Other unreasonable delays caused by the applicant.

第八十条　专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第三款所称新药相关发明专利是指符合规定的新药产品专利、制备方法专利、医药用途专利。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 80
The term "patents for inventions related to new drugs" as mentioned in Paragraph 3 of Article 42 of the Patent Law refers to patents for new drug products, patents for preparation methods and patents for medical uses that meet the requirements.

第八十一条　依照专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第三款的规定请求给予新药相关发明专利权期限补偿的，应当符合下列要求，自该新药在中国获得上市许可之日起3个月内向国务院专利行政部门提出：

（一）该新药同时存在多项专利的，专利权人只能请求对其中一项专利给予专利权期限补偿；

（二）一项专利同时涉及多个新药的，只能对一个新药就该专利提出专利权期限补偿请求；

（三）该专利在有效期内，且尚未获得过新药相关发明专利权期限补偿。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 81
a request for compensation for the duration of the patent right for inventions related to new drugs in accordance with the provisions of Article 42, paragraph 3, of the Patent Law shall be submitted to the patent administration department under the State Council within three months from the date of obtaining the marketing license for the new drug in China in accordance with the following requirements:
(1) If the new drug has more than one patent at the same time, the patentee can only request compensation for the duration of the patent for one of the patents;
(2) If a patent involves more than one new drug at the same time, only one new drug can make a claim for compensation for the duration of the patent;
(3) The patent is within the period of validity and has not been compensated for the duration of the patent right for inventions related to new drugs.

第八十二条　依照专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第三款的规定给予专利权期限补偿的，补偿期限按照该专利申请日至该新药在中国获得上市许可之日的间隔天数减去5年，在符合专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第三款规定的基础上确定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 82
Where compensation for the term of a patent right is granted in accordance with the provisions of Article 42.3 of the Patent Law, the term of compensation shall be determined on the basis of compliance with the provisions of Article 42.3 of the Patent Law by subtracting five years from the number of days between the date of application for the patent and the date of obtaining the marketing license for the new drug in China.

第八十三条　新药相关发明专利在专利权期限补偿期间，该专利的保护范围限于该新药及其经批准的适应症相关技术方案；在保护范围内，专利权人享有的权利和承担的义务与专利权期限补偿前相同。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 83
During the term of patent right compensation, the scope of protection of a patent for an invention related to a new drug shall be limited to the new drug and its approved technical scheme related to the indication; within the scope of protection, the patentee shall enjoy the same rights and bear the same obligations as before the term of patent right compensation.

第八十四条　国务院专利行政部门对依照专利法第四十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第四十二条
发明专利权的期限为二十年，实用新型专利权的期限为十年，外观设计专利权的期限为十五年，均自申请日起计算。
自发明专利申请日起满四年，且自实质审查请求之日起满三年后授予发明专利权的，国务院专利行政部门应专利权人的请求，就发明专利在授权过程中的不合理延迟给予专利权期限补偿，但由申请人引起的不合理延迟除外。
为补偿新药上市审评审批占用的时间，对在中国获得上市许可的新药相关发明专利，国务院专利行政部门应专利权人的请求给予专利权期限补偿。补偿期限不超过五年，新药批准上市后总有效专利权期限不超过十四年。
第二款、第三款的规定提出的专利权期限补偿请求进行审查后，认为符合补偿条件的，作出给予期限补偿的决定，并予以登记和公告；不符合补偿条件的，作出不予期限补偿的决定，并通知提出请求的专利权人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 84
Where the administrative department for patent under the State Council, after examining the request for compensation of the duration of a patent right made in accordance with Paragraph 2 or 3 of Article 42 of the Patent Law, considers that the conditions for compensation are met, it shall make a decision to grant a time limit for compensation, and shall register and announce it; where the conditions for compensation are not met, it shall make a decision not to grant a time limit for compensation, and notify the patentee who made the request.
Chapter VI Special License for Patent Exploitation

第八十五条　专利权人自愿声明对其专利实行开放许可的，应当在公告授予专利权后提出。

开放许可声明应当写明以下事项：

（一）专利号；

（二）专利权人的姓名或者名称；

（三）专利许可使用费支付方式、标准；

（四）专利许可期限；

（五）其他需要明确的事项。

开放许可声明内容应当准确、清楚，不得出现商业性宣传用语。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

====== Implementation Rules of the Patent Law of the People's Republic of China (machine translation)
(Promulgated by Order No.306 of the State Council of the People's Republic of China on June 15, 2001) Revised for the first time in accordance with the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 28, 2002 According to the second revision of the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on January 9, 2010, and the third revision of the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 11, 2023)
Chapter I General Provisions
Rule 1
These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
Rule 2
All formalities provided in the Patent Law and these Rules shall be fulfilled in written form or in other forms provided by the administrative department for patent under the State Council. A data message (hereinafter referred to as "electronic form") that is capable of expressing its contents in a tangible manner and is readily accessible by means of electronic data interchange or other means is deemed to be in writing.
Rule 3
Any document to be submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; where there is a unified scientific and technological term stipulated by the State, it shall be a standard term; where there is no unified Chinese translation of a foreign name, place name or scientific and technological term, the original text shall be indicated.
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Rules is in a foreign language, the administrative department for patent under the State Council may, when it deems necessary, request the party concerned to submit a Chinese translation within a specified time limit; where the translation is not submitted at the expiration of the time limit, the certificate or certifying document shall be deemed to have not been submitted.
Rule 4
Where any document is mailed to the administrative department for patent under the State Council, the date of mailing indicated by the postmark shall be regarded as the date of submission; where the date of mailing indicated by the postmark is not clear, unless the party concerned can provide proof, the date of receipt by the administrative department for patent under the State Council shall be regarded as the date of submission.
Where any document is submitted to the patent administration department under the State Council in electronic form, the date of entry into the specific electronic system designated by the patent administration department under the State Council shall be the date of submission.
All documents of the administrative department for patent under the State Council may be served to the parties concerned by electronic form, mail, direct delivery or other means. Where a party concerned has appointed a patent agency, the documents shall be sent to the patent agency; where no patent agency has been appointed, the documents shall be sent to the contact person specified in the request.
For any document mailed by the administrative department for patent under the State Council, the 15th day from the date of dispatch shall be presumed to be the date of receipt of the document by the party concerned. If the evidence provided by the parties can prove the date of actual receipt of the documents, the date of actual receipt shall prevail.
Where a document is to be delivered directly in accordance with the provisions of the administrative department for patent under the State Council, the date of delivery shall be the date of service.
If the address of the document is not clear and cannot be mailed, it may be served to the parties by public announcement. The document shall be deemed to have been served at the expiration of one month from the date of the announcement.
Where any document is served by the administrative department for patent under the State Council in electronic form, the date of entry into the electronic system recognized by the party concerned shall be the date of service.
Rule 5
Any time limit provided in the Patent Law or these Rules shall not be counted from the beginning of the day, but shall be counted from the next day. Where a time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, it shall expire on the last day of that month; if a time limit expires on a statutory holiday, it shall expire on the first working day following that holiday.
Rule 6
Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed and within two years immediately following the expiration of that time limit, request the Patent Administration Department under the State Council to restore his or its rights.
Where a time limit prescribed in the Patent Law or these Rules or specified by the administrative department for patent under the State Council is not observed by a party concerned due to other justified reasons, resulting in loss of his or its rights, he or it may, within 2 months from the date of receipt of the notification from the administrative department for patent under the State Council, request the administrative department for patent under the State Council to restore his or its rights; However, where the time limit for requesting reexamination is delayed, it may, within two months from the expiration of the time limit for requesting reexamination, request the administrative department for patent under the State Council to restore its rights.
Where a party requests restoration of its rights in accordance with Paragraph 1 or Paragraph 2 of this Article, it shall submit a request for restoration of rights, state the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should have been gone through before the loss of its rights. Where a party requests restoration of rights in accordance with Paragraph 2 of this Article, it shall also pay the fee for requesting restoration of rights.
A party requesting an extension of the time limit specified by the patent administration department under the State Council shall, before the expiration of the time limit, submit a request for extension to the patent administration department under the State Council, state the reasons, and go through the relevant formalities.
The provisions of Paragraph 1 and Paragraph 2 of this Article shall not be applicable to the time limit provided in Article 24, Article 29, Article 42 and Article 74 of the Patent Law.
Rule 7
Where a patent application involves the interests of national defense and needs to be kept confidential, it shall be accepted and examined by the national defense patent office. Where a patent application accepted by the patent administration department under the State Council involves the interests of national defense and needs to be kept confidential, it shall be transferred to the national defense patent office for examination in a timely manner. If no reason for rejection is found after examination by the national defense patent authority, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
Where the administrative department for patent under the State Council considers that the application for patent for invention or utility model it has accepted involves national security or vital interests other than the interests of national defence and needs to be kept confidential, it shall make a timely decision to deal with the application as a confidential patent and notify the applicant. Special procedures for the examination and reexamination of an application for a confidential patent and for the invalidation of a confidential patent right shall be prescribed by the patent administration department under the State Council.
Rule 8
"Invention or utility model made in China" mentioned in Article 19 of the Patent Law means an invention or utility model in which the substantial content of the technical solution is made in China.
Any entity or individual that files an application in a foreign country for a patent for an invention or utility model completed in China shall, in one of the following ways, request the Patent Administration Department under the State Council to conduct a confidential examination:
(1) Where an application for a patent is filed directly in a foreign country or an international application for a patent is filed with a relevant foreign institution, a request shall be made to the administrative department for patent under the State Council in advance, and its technical scheme shall be explained in detail;
Where, after filing an application for a patent with the patent administration department under the State Council, any person intends to file an application for a patent in a foreign country or to submit an international application for patent to a foreign institution concerned, he or it shall, before filing an application for a patent in a foreign country or submitting an international application for patent to a foreign institution concerned, make a request to the patent administration department under the State Council.
Where an international application for patent is submitted to the administrative department for patent under the State Council, it shall be deemed that a request for confidentiality examination has been made at the same time.
Rule 9
Where the administrative department for patent under the State Council, after receiving a request submitted in accordance with Article 8 of these Rules, considers, after examination, that the invention or utility model may involve the security or vital interests of the State and needs to be kept confidential, it shall, within 2 months from the date of submission of the request, issue a notice of confidential examination to the applicant; if the circumstances are complicated, the period may be extended by 2 months.
Where the administrative department for patent under the State Council makes a request for examination in accordance with the preceding paragraph, it shall, within four months from the date of submission of the request, make a decision on whether it is necessary to keep the request confidential and notify the applicant accordingly; if the circumstances are complicated, the period may be extended by two months.
Rule 10
"Invention-creation that violates law" mentioned in Article 5 of the Patent Law does not include the invention-creation the exploitation of which is merely prohibited by law.
Rule 11
The principle of good faith shall be followed in patent application. All kinds of patent applications shall be based on real invention-creation activities and shall not be fraudulent.
Rule 12
Except for the circumstances provided in Articles 28 and 42 of the Patent Law, the date of filing referred to in the Patent Law means the priority date where priority is claimed.
The filing date mentioned in these Rules, unless otherwise provided, means the filing date provided in Article 28 of the Patent Law.
Rule 13
"a service invention-creation made by a person in execution of the tasks of the entity to which he belongs" mentioned in Article 6 of the Patent Law means:
(1) inventions and creations made in the course of their own work;
(2) Inventions and creations made in the performance of tasks other than their own work assigned by the unit;
(3) Inventions and creations made within one year after retirement or transfer from the original unit or termination of labor or personnel relations, which are related to the work undertaken by the original unit or the tasks assigned by the original unit.
"The entity to which he belongs" mentioned in Article 6 of the Patent Law may also be a temporary entity for which the person works; "material resources of the entity" mentioned in Article 6 of the Patent Law shall include the entity's money, equipment, spare parts, raw materials, or technical information and materials which are not to be disclosed to the public.
Rule 14
"Inventor" or "creator" as mentioned in the Patent Law means any person who has made creative contributions to the substantive features of an invention-creation. "A person who, in the course of accomplishing the invention-creation, is merely responsible for organizational work, or who provides facilities for making use of material and technical means, or who takes part in other auxiliary work, is not an inventor or designer.".
Rule 15
Unless a patent right is assigned in accordance with Article 10 of the Patent Law, the party concerned shall, if the patent right is devolved due to other reasons, fulfill the formalities for the devolution of the patent right to the administrative department for patent under the State Council with relevant certified documents or legal instruments.
Any license contract for exploitation of the patent which has been concluded by the patentee with another person shall, within three months from the date of entry into force of the contract, be filed with the patent administration department under the State Council for the record.
Where a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under the State Council.
Rule 16
Patent work shall implement the strategic plan of the Party and the state for intellectual property rights, improve the level of patent creation, application, protection, management and service in China, support comprehensive innovation and promote the construction of an innovative country.
The patent administration department under the State Council shall enhance the public service capacity of patent information, publish patent information completely, accurately and timely, provide basic patent data, and promote the open sharing and interconnection of patent-related data resources.
Chapter II Application for Patent
Rule 17
Anyone who applies for a patent shall submit application documents to the administrative department for patent under the State Council. The application documents shall meet the prescribed requirements.
Any applicant who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the patent administration department under the State Council, shall submit at the same time a power of attorney indicating the scope of the power entrusted.
Where there are two or more applicants and no patent agency has been entrusted, the first applicant specified in the request shall be the representative unless otherwise stated in the request.
Rule 18
Where a patent agency is appointed in accordance with the provisions of Article 18, paragraph 1, of the Patent Law to apply for a patent or to have other patent matters to attend to in China, the applicant or the patentee may attend to the following matters on his own:
(1) where the application claims the right of priority, a copy of the patent application document which was first filed (hereinafter referred to as the earlier application);
(2) Payment of fees;
(3) other matters prescribed by the administrative department for patent under the State Council.
Rule 19
The request for an application for a patent for invention, utility model or design shall state the following:
(1) the title of the invention, utility model or design;
(2) The name, address, postal code, unified social credit code or identity certificate number of the applicant who is a Chinese entity or individual; the name, nationality or country or region of registration of the applicant who is a foreigner, foreign enterprise or other foreign organization;
(3) The name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and code of the trustee, as well as the name, qualification certificate number and telephone number of the patent agent designated by the trustee;
(5) The filing date and filing number of the earlier application and the name of the original accepting institution for which priority is claimed;
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of additional documents;
(Nine) other relevant matters that need to be specified.
Rule 20
The description of an application for a patent for invention or utility model shall state the title of the invention or utility model as it appears in the request. The description shall include the following:
(1) technical field: indicating the technical field to which the technical solution under the request for protection belongs;
(2) background technologies: indicating the background technologies useful to the understanding, retrieval and examination of the invention or utility model; and if possible, citing the documents reflecting these background technologies;
(3) the contents of invention: indicating the technical problems to be solved for the invention or utility model and the technical solution adopted for solving the technical problems, and indicating the beneficial effects of the invention or utility model by comparison with the technology currently available;
(4) a description of the drawings: if there are drawings in the specification, a brief description of each drawing shall be made;
(5) the specific mode for carrying out the invention or utility model: indicating in detail the preferred mode contemplated by the applicant for carrying out the invention or utility model; where necessary, illustrating with examples; and comparing with the appended drawings, if any.
An applicant for a patent for invention or utility model shall present the description in accordance with the manner and order provided in the preceding paragraph, and shall indicate the heading in front of each portion of the description, unless a different manner or order would afford a more economical presentation and a more accurate understanding due to the nature of the invention or utility model.
The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain the words "such as the claims …" The stated Commercial advertising terms shall not be used in the first category of quotations.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the description shall contain a sequence table in conformity with the provisions of the administrative department for patent under the State Council.
The specification of an application for a patent for utility model shall include drawings showing the shape, structure, or a combination thereof, of the product sought to be protected.
Rule 21
The figures of the appended drawings of the invention or utility model shall be in accordance with "Figure 1, Figure 2" Sequential numbering.
Reference signs not mentioned in the text of the description of the invention or utility model shall not appear in the appended drawings. Reference signs not appearing in the appended drawings shall not appear in the text of the description. The appended drawing reference signs for the same component part in the application documents shall be consistent.
The drawings shall not contain any notes other than the necessary words.
Rule 22
The patent claim shall state the technical features of the invention or utility model.
Where there are several claims in the patent claim, they shall be numbered consecutively in Arabic numerals.
The technical terminology used in the claims shall be consistent with that used in the description, and may contain chemical or mathematical formulae but no illustrations. Except when absolutely necessary, do not use "as described in the instructions …" Part of the "or" as shown in the figure The term "shown".
The technical features mentioned in the claims may refer to the corresponding reference signs in the drawings of the description, and such reference signs shall follow the corresponding technical features and be placed in parentheses, so that the claims can be easily understood. Reference signs shall not be construed as limiting the claims.
Rule 23
The patent claim shall have an independent claim, and may also contain subordinate claims.
An independent claim shall outline the technical solution of an invention or utility model and record the technical features necessary for solving technical problems.
A dependent claim shall further define the cited claim with additional technical features.
Rule 24
An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form:
(I) the preamble portion: indicating the subject title of the technical solution to the invention or utility model which is claimed to be protected and those essential technical features that are common to the subject of the invention or utility model and the closest technology currently available;
(II) Characteristic part: use "characterized by" Or in similar terms, stating the technical features of the invention or utility model, which distinguish it from the closest technology currently available. These features, in combination with the features indicated in the preamble portion, serve to define the scope of protection of the invention or utility model.
Rule 25
An independent claim may be presented in any other form if the nature of the invention or utility model is not suitable to be expressed in the form mentioned in the preceding paragraph.
Each invention or utility model shall have only one independent claim, which shall precede all the subordinate claims of the same invention or utility model.
A subordinate claim of an invention or utility model shall contain a quoting portion and a characterizing portion, and be presented in the following form:
(I) a reference portion: indicating the serial number (s) of the claim (s) referred to and the title of the subject matter;
(II) a characterizing portion: stating the additional technical features of the invention or utility model.
A dependent claim refers only to the preceding claim. A multiple dependent claim, which refers to two or more claims, shall refer to the preceding claim in the alternative only, and shall not serve as a basis for another multiple dependent claim.
Rule 26
The abstract of the specification shall indicate the outline of the contents made public by the application for a patent for invention or utility model, that is, to indicate the title of the invention or utility model and the field of technology to which it belongs, and shall clearly reflect the technical problem to be solved, the essentials and main uses of the technical solution to this problem.
The abstract of the specification may contain the chemical formula which best characterizes the invention. For an application for a patent which contains drawings, the appended drawing of the specification which best characterizes the invention or utility model shall be designated in the request as the appended drawing of the abstract. Commercial advertising terms shall not be used in the abstract.
Rule 27
Where an invention for which a patent is applied for involves a new biomaterial which is not available to the public, and the specification on this biomaterial is not enough to make the technicians who belong to this field to exploit the invention, the applicant shall, in addition to complying with the relevant provisions in the Patent Law and these Rules, fulfill the following formalities:
(1) depositing a sample of the biological material with a depository 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 at the expiry of the time limit, the sample shall be deemed not to have been deposited;
(2) providing information on the characteristics of the biological material in the application documents;
(3) indicating, where the application relates to the deposit of the sample of the biological material, in the request and the description the scientific name (with its Latin name) of the biological material, the name and address of the depository 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 rectified within four months from the date of filing; where they are not rectified at the expiry of the time limit, the deposit shall be deemed not to have been made.
Rule 28
Where the applicant for a patent for invention has deposited a sample of the biological material in accordance with the provisions of Rule 27 of these Implementing Regulations, and after the application for a 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:
(1) The name and address of the petitioner;
(2) An undertaking not to make the biological material available to any other person;
(3) an undertaking to use the instrument for experimental purposes only before the grant of the patent right.
Rule 29
"Article 29" Genetic resources "as mentioned in the Patent Law means the materials containing units of genetic function such as human bodies, animals, plants or microorganisms, which are of actual or potential value, and the genetic information derived from the utilization of such materials;" invention-creation made on the basis of genetic resources "as mentioned in the Patent Law means an invention-creation made by making use of the genetic functions of genetic resources.".
Where an application for a patent is filed for an invention-creation made by relying on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department under the State Council.
Rule 30
The applicant shall submit relevant drawings or photographs of the contents of each design product that needs to be protected.
Where an application for a patent for partial design is filed, a view of the product as a whole shall be submitted, and the contents of the part to be protected shall be indicated by a combination of dotted lines and solid lines or by other means.
Where an applicant requests the protection of colors, he shall submit color pictures or photographs.
Rule 31
The brief explanation of the design shall indicate the name and use of the design product and the main points of the design, and designate a drawing or photograph that best shows the main points of the design. If the view is omitted or the color is requested to be protected, it shall be indicated in the brief description.
Where one application for a patent for design is filed for several similar designs of the same product, one of them shall be designated as the basic design in the brief description.
Where an application for a patent for partial design is filed, the part for which protection is sought shall be indicated in the brief description, except where it has been indicated by a combination of dashed and solid lines in a view of the product as a whole.
The brief description shall not use commercial advertising terms or describe the performance of the product.
Rule 32
The administrative department for patent under the State Council may, when considering it necessary, 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 shall not exceed 30 cm X 30 cm X 30 cm, and the weight shall not exceed 15 kg. Perishable, perishable or dangerous goods shall not be submitted as samples or models.
Rule 33
The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (2) of the Patent Law means an international exhibition registered with or recognized by the International Exhibition Bureau as provided for in the Convention on International Exhibitions.
The academic or technological meeting referred to in Article 24, subparagraph (3) of the Patent Law means any academic or technological meeting organized by a relevant competent department of the State Council or by a national academic organization, or any academic or technological meeting organized by an international organization recognized by a relevant competent department of the State Council.
Where the invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents indicating that the invention-creation has been exhibited or published and with the date of its exhibition or publication.
Where the invention-creation in an application for a patent falls under the provisions of Article 24, subparagraph (1) or (4) of the Patent Law, the administrative department for patent under the State Council may, when it deems necessary, require the applicant to submit a certified document within a specified time limit.
Where the applicant fails to make the declaration and submit the certifying documents in accordance with the provisions of Paragraph 3 of this Rule, or fails to submit the certifying documents within the specified time limit in accordance with the provisions of Paragraph 4 of this Rule, the provisions of Article 24 of the Patent Law shall not apply to his or its application.
Rule 34
Where the applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original accepting institution. In accordance with the agreement signed between the patent administration department under the State Council and the accepting institution, where the patent administration department under the State Council obtains a copy of the earlier application document through electronic exchange or other means, it shall be deemed that the applicant has submitted a copy of the earlier application document certified by the accepting institution. Where the domestic priority is claimed and the applicant indicates the filing date and the filing number of the earlier application in the request, the copy of the earlier application documents shall be deemed to have been filed.
Where the right of priority is claimed, but one or two of the date of application, the application number of the earlier application and the name of the original accepting institution are omitted or wrongly stated in the written request, the administrative department for patent under the State Council shall notify the applicant to make rectification within a specified time limit; where the rectification is not made at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the name of the applicant claiming the right of priority is not the same as the name of the applicant recorded in the copy of the earlier application document, the applicant shall submit the documents evidencing the assignment of the right of priority. If the evidencing documents are not submitted, the claim to the right of priority shall be deemed not to have been made.
Where the applicant for a patent for design claims the right of foreign priority, if the earlier application does not contain a brief description of the design, the right of priority shall not be affected where the brief description submitted by the applicant in accordance with Article 31 of these Rules does not go beyond the scope of the drawings or photographs shown in the earlier application document.
Rule 35
An applicant may claim one or more priorities for an application for a patent; where more than one priority is claimed, the priority period for the application shall be calculated from the earliest priority date.
Where an applicant for a patent for invention or utility model claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. Where an applicant for a patent for design claims the right of domestic priority, if the earlier application is one for a patent for invention or utility model, he or it may file an application for a patent for design that has the same subject matter as the design shown in the drawings; if the earlier application is one for a patent for design, he or it may file an application for a patent for design that has the same subject matter. However, if, when the later application is filed, the subject matter of the earlier application falls under any of the following circumstances, it may not be the basis for claiming the right of domestic priority:
(1) where the right of foreign or domestic priority has been claimed;
(2) where a patent right has been granted;
(3) where it is a divisional application filed in accordance with the relevant provisions.
Where the applicant claims the right of domestic priority, his or its earlier application shall be deemed to have been withdrawn as of the date on which the later application is filed, except where the applicant for a patent for design claims that the right of domestic priority shall be based on an application for a patent for invention or utility model.
Rule 36
Where any applicant has exceeded the time limit provided in Article 29 of the Patent Law and has filed with the Patent Administration Department under the State Council an application for a patent for invention or utility model for the same subject matter, he or it may, if he or it has justified reasons, request restoration of the right of priority within two months from the date of expiration of that time limit.
Rule 37
Where an applicant for a patent for invention or utility model claims the right of priority, he may, within 16 months from the priority date or within 4 months from the application date, request that the claim for the right of priority be added to or corrected in the request.
Rule 38
Where an application for a patent is filed or the right of foreign priority is claimed by any applicant having no habitual residence or business office in China, the administrative department for patent under the State Council may, when considering it necessary, require the applicant to submit the following documents:
(1) if the applicant is an individual, proof of his nationality;
(2) a certificate issued by the country or region in which the applicant is registered, if the applicant is an enterprise or other organization;
(3) a certified document showing that the country, to which the applicant belongs, recognizes that Chinese entities and individuals are, under the same conditions applied to its nationals, entitled to patent right, right of priority and other related rights in that country.
Rule 39
Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provision of Article 3l, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" means that each of the inventions or utility models considered as a whole is Technical features contributing to the state of the art.
Rule 40
Where several similar designs of the same product are filed as one application in accordance with the provisions of Article 3l, paragraph two of the Patent Law, the remaining designs of the product shall be similar to the basic design specified in the brief description. The number of similar designs in a design patent application shall not exceed 10.
"Two or more designs of products which belong to the same class and are sold or used in sets" mentioned in Paragraph 2 of Article 31 of the Patent Law means that all the products belong to the same class in the classification table and are customarily sold or used at the same time, and the designs of all the products have the same design concept.
Where two or more designs are filed as one application, the sequential numbers of the designs shall be indicated before the titles of the drawings or photographs of each design product.
Rule 41
When withdrawing an application for a patent, the applicant shall submit to the Patent Administration Department under the State Council a declaration stating the title of the invention-creation, the number and date of the application.
Where a declaration to withdraw an application for a patent is submitted after the administrative department for patent under the State Council has completed the preparations for publishing the application documents, the application documents shall be published as scheduled; however, the declaration to withdraw the application for patent shall be announced in the Patent Gazette published later.
Chapter III Examination and Approval of Patent Application
Rule 42
Any person who is to examine or hear a case in the procedures of preliminary examination, substantial examination, re-examination, or invalidation shall, at his own discretion or upon the request of the parties concerned or any other interested party, avoid being present in any of the following circumstances:
(1) he is a close relative of the party concerned or his agent;
(2) where he has an interest in the application for patent or the patent right;
(Three) there are other relations with the parties or their agents, which may affect the impartial examination and trial;
(4) having participated in the examination of the original application in the reexamination or invalidation procedure.
Rule 43
Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (drawings must be included in an application for utility model) and one or more patent claims, or an application for a patent for design consisting of a request, one or more drawings or photographs and a brief explanation of the design, the patent administration department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant.
Rule 44
In any of the following circumstances, the administrative department for patent under the State Council shall not accept the application and notify the applicant:
(1) where the application for a patent for invention or utility model does not contain a request, a description (utility model does not contain drawings) or a claim, or the application for a patent for design does not contain a request, drawings or photographs, or a brief explanation;
(2) where the Chinese language is not used;
(3) The format of the application documents is not in conformity with the provisions;
(4) The name of the applicant or the address of the applicant is missing in the request;
Where it is obviously not in conformity with the provisions of Article 17 or Paragraph 1 of Article 18 of the Patent Law;
(6) where the category (for invention, utility model or design) of the application for a patent is not clear or is difficult to discern.
Rule 45
Where in an application for a patent for invention or utility model, a claim or a description or part thereof is missing or wrongly submitted, but the applicant claims the right of priority on the date of submission, he may, within 2 months from the date of submission or within the time limit specified by the administrative department for patent under the State Council, submit the application by citing the earlier application documents. If the supplementary documents are in conformity with the relevant provisions, the date of submission of the first document shall be the date of application.
Rule 46
Where the specification contains explanatory notes to the drawings but the drawings or part of the drawings are missing, the applicant shall, within the time limit specified by the administrative department for patent under the State Council, submit the drawings or make a declaration for the deletion of the explanatory notes to the drawings. Where the appended drawings are submitted by the applicant, the date of filing or mailing of the appended drawings to the administrative department for patent under the State Council shall be the date of filing. If the description of the appended drawings is deleted, the original date of filing shall be retained.
Rule 47
Where two or more applicants apply for a patent for the identical invention-creation on the same day (the application date or the priority date if there is a right of priority concerned), the applicants shall be determined through consultation among themselves after receiving the notification from the administrative department for patent under the State Council.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same date (the date of application), he\/it shall, at the time of application, state that he\/it has applied for another patent for the same invention-creation; if no statement is made, it shall be dealt with in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right shall be granted for the same invention-creation.
When the patent administration department under the State Council announces the grant of a patent right for utility model, it shall publish a statement that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
Where it is found after examination that there is no cause for rejection of the application for a patent for invention, the patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. Where the applicant has made a declaration of abandonment, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the declaration of abandonment of the patent right for utility model by the applicant together with the announcement of the grant of the patent right for invention. Where the applicant disagrees with the abandonment, the patent administration department under the State Council shall reject the application for a patent for invention. Where the applicant has not made any response at the expiry of the time limit, the application for a patent for invention shall be deemed to have been withdrawn.
The patent right for utility model shall terminate as of the date of the announcement of the grant of the patent right for invention.
Rule 48
Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided in Paragraph 1 of Article 60 of these Rules, submit to the administrative department for patent under the State Council a divisional application. However, where an application for a patent has been rejected, withdrawn or deemed to have been withdrawn, the divisional application may not be submitted.
Where the administrative department for patent under the State Council finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Article 39 or 40 of these Rules, it shall notify the applicant to amend the application within a specified time limit. Where the applicant has not made any response at the expiry of the time limit, the application shall be deemed to have been withdrawn.
A divisional application shall not change the category of the original application.
Rule 49
For a divisional application filed in accordance with the provisions of Article 48 of these Rules, the initial application date may be reserved; if the right of priority is enjoyed, the priority date may be reserved, provided that the divisional application does not go beyond the scope of the initial application.
The divisional application shall go through relevant formalities in accordance with the provisions of the Patent Law and these Rules.
The application number and the application date of the original application shall be indicated in the written request for the division of application.
Rule 50
"Preliminary examination" mentioned in Article 34 and Article 40 of the Patent Law means the examination of an application for a patent to see whether or not it contains the documents provided in Article 26 or Article 27 of the Patent Law and other necessary documents, and whether or not these documents are in conformity with the provided format, which also includes an examination of the following:
(1) whether or not any application for a patent for invention obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, or Paragraph 1 of Article 18, or Paragraph 1 of Article 19 of the Patent Law, or of Rule 11, Rule 19, or Paragraph 2 of Rule 29 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 2, Article 26, paragraph 5, Article 31, paragraph 1, Article 33 of the Patent Law or Articles 20 to 24 of these Rules;
(2) whether or not an application for a patent for utility model obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, Paragraph 1 of Article 18, Paragraph 1 of Article 19 of the Patent Law or Articles 11, 19 to 22, 24 to 26 of these Rules, Whether it is obviously not in conformity with the provisions of Article 2, paragraph 3, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 31, paragraph 1, Article 33 of the Patent Law or Article 23, Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(3) whether or not any application for a patent for design obviously falls under the provisions of Article 5 or of Article 25, paragraph one, subparagraph (6) of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17 or of Article 18, paragraph one of the Patent Law or of Rule 11, 19, 30, 31 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 4, Article 23, paragraph 1, Article 23, paragraph 2, Article 27, paragraph 2, Article 31, paragraph 2, Article 33 of the Patent Law or Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(4) Whether the application documents conform to the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.
The administrative department for patent under the State Council shall notify the applicant of its opinions from the examination and request the applicant to state his\/its opinions or make corrections within the specified time limit. Where the applicant fails to make any response at the expiry of the time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or its observations or corrections, the administrative department for patent under the State Council still finds that the application is not in conformity with the provisions in the preceding paragraph, the application shall be rejected.
Rule 51
In any of the following circumstances, any document relating to a patent application, other than the patent application documents, which is submitted to the administrative department for patent under the State Council, shall be deemed to have not been submitted:
(1) failing to use the prescribed format or filling in the form does not conform to the provisions;
(Two) failing to submit supporting materials in accordance with the regulations.
The administrative department for patent under the State Council shall notify the applicant of the examination opinion that it is deemed not to have been submitted.
Article 52. Where the applicant requests an earlier publication of his or its application for a patent for invention, a statement shall be made to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after its preliminary examination of the application, publish it immediately unless it is to be rejected.
Rule 53
Where the applicant indicates the product incorporating the design and the class to which the product belongs, the classification of products for designs published by the administrative department for patent under the State Council shall be used. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the administrative department for patent under the State Council may supplement or amend it.
Rule 54
Any person may, from the date of publishing an application for a patent for invention until the date of announcing the grant of the patent right, submit his opinions to the administrative department for patent under the State Council, with the reasons thereof, on the application which is not in conformity with the Patent Law.
Rule 55
Where the applicant for a patent for invention is unable to submit, for any justified reason, the documents concerning any search or the results of any examination provided for in Article 36 of the Patent Law, he or it shall make a statement to the Patent Administration Department under the State Council and submit them when he or it obtains the relevant documents.
Rule 56
The administrative department for patent under the State Council shall, when proceeding on its own initiative to examine an application for a patent in accordance with Paragraph 2 of Article 35 of the Patent Law, notify the applicant accordingly.
The applicant may file a request for postponing the examination of the patent application.
Rule 57
When a request for examination as to substance is made, or within the time limit of three months after the receipt of the notification of the Patent Administration Department under the State Council that the application for a patent for invention has entered into examination as to substance, the applicant for a patent for invention may amend the application for a patent for invention on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application for a patent for utility model or design on its or his own initiative.
Where the applicant amends the patent application documents after receiving the notification of examination opinions issued by the administrative department for patent under the State Council, he shall amend the defects pointed out in the notification.
The administrative department for patent under the State Council may amend the obvious diction and symbol errors in the patent application documents at its own discretion. Where the administrative department for patent under the State Council amends on its own initiative, it shall notify the applicant.
Rule 58
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 the provided format 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.
Rule 59
In accordance with the provisions of Article 38 of the Patent Law, the circumstances in which an application for a patent for invention shall be rejected after examination as to substance are as follows:
(1) where the application falls under the provisions of Articles 5 and 25 of the Patent Law, or where the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(2) where the application does not comply with the provisions of Article 2, paragraph 2, Article 19, paragraph 1, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 26, paragraph 5, Article 31, paragraph 1 of the Patent Law or Article 11, Paragraph 2 of Article 23 of these Rules;
(3) where the amendment to the application is not in conformity with the provisions of Article 33 of the Patent Law, or the divisional application is not in conformity with the provisions of Rule 49, paragraph one of these Implementing Regulations.
Rule 60
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 2 months from the date of receipt of the notification. If the applicant has fulfilled the formalities of registration within the said time limit, the administrative department for patent under the State Council shall grant the patent right, issue the patent certificate, and announce it.
If no registration formalities have been carried out at the expiration of the time limit, the right to obtain the patent right shall be deemed to have been abandoned.
Rule 61
Where it is found after examination that there is no cause for rejection of the application for a confidential patent, the administrative department for patent under the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate, and register the relevant matters of the confidential patent right.
Rule 62
After the announcement of the decision to grant the patent right for utility model or design, the patentee, interested party or the accused infringer provided for in Article 66 of the Patent Law may request the patent administration department under the State Council to make a patent evaluation report. The applicant may request the administrative department for patent under the State Council to make a patent evaluation report when going through the formalities for patent registration.
Where a request for a patent evaluation report is made, a request for a patent evaluation report shall be submitted, stating the patent application number or patent number. Each request shall be limited to one patent application or patent right.
Where the request for a patent evaluation report is not in conformity with the provisions, the administrative department for patent under the State Council shall notify the person making the request to rectify it within a specified time limit. Where the person making the request fails to rectify it within the specified time limit, the request shall be deemed not to have been made.
Rule 63
The administrative department for patent under the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. However, where the applicant requests a patent evaluation report when going through the patent registration formalities, the administrative department for patent under the State Council shall make a patent evaluation report within 2 months from the date of announcing the grant of the patent right.
Where more than one petitioner requests a patent evaluation report for the same patent right for utility model or design, the patent administration department under the State Council shall make only one patent evaluation report. Any entity or individual may consult or copy the patent evaluation report.
Rule 64
The administrative department for patent under the State Council shall, upon discovery of any error in the patent announcement or in the single patent version, correct it in time, and announce such correction.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right
Rule 65
Where the request for reexamination is submitted to the Patent Administration Department under the State Council in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be filed, the reasons for which shall be stated, and, when necessary, relevant supporting documents shall be attached.
Where the request for reexamination is not in conformity with the provisions of Article l8, paragraph one, or Article 41, paragraph one, of the Patent Law, the administrative department for patent under the State Council shall not accept it, and shall notify the person making the request for reexamination in writing, together with an explanation of the reasons.
Where the request for reexamination is not in conformity with the provided form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If it is not rectified at the expiry of the time limit, the request for reexamination shall be deemed not to have been made.
Rule 66
The person making the request may, when requesting reexamination or making responses to the notification of reexamination made by the administrative department for patent under the State Council, amend the patent application documents; however, the amendments shall be limited to removing the defects pointed out in the decision of rejection or the notification of reexamination.
Rule 67
Where, after reexamination, the Patent Administration Department under the State Council finds that the request for reexamination is not in conformity with relevant provisions in the Patent Law and these Implementing Regulations, or that the application is in other circumstances which obviously violate relevant provisions in the Patent Law and these Implementing Regulations, it shall invite the person requesting reexamination to submit his observations within a specified time limit. Where no response has been made at the expiry of the time limit, the request for reexamination shall be deemed to have been withdrawn; where, after the making of the observations and amendments, the administrative department for patent under the State Council still finds that the request for reexamination is not in conformity with the provisions of the Patent Law and these Rules, it shall make a decision of reexamination to reject the request for reexamination.
Where the administrative department for patent under the State Council considers after reexamination that the original decision on rejection is not in conformity with relevant provisions in the Patent Law and these Rules, or considers that the defects pointed out in the original decision on rejection and the notification of reexamination have been removed from the amended patent application documents, it shall revoke the original decision on rejection and continue the examination procedures.
Rule 68
At any time before the Patent Administration Department under the State Council makes a decision on the request for reexamination, the person making the request may withdraw his request for reexamination.
Where the person making the request withdraws his request for reexamination before the administrative department for patent under the State Council makes a decision on it, the reexamination procedures shall be terminated.
Rule 69
Anyone requesting invalidation or partial invalidation of a patent right in accordance with Article 45 of the Patent Law shall submit a written request and necessary supporting documents in two copies to the administrative department for patent under the State Council. The request for invalidation shall specify the reasons for the request for invalidation in combination with all the evidence submitted, and indicate the evidence on which each reason is based.
The reasons for the request for invalidation referred to in the preceding paragraph means that the invention-creation for which the patent right is granted does not comply with Article 2, Paragraph 1 of Article 19, Article 22, Article 23, Paragraph 3 of Article 26, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Article 33 of the Patent Law or Article 11, Paragraph 2 of Article 23, Paragraph 1 of Article 49 of these Rules. Or falls under the circumstances provided for in Articles 5 and 25 of the Patent Law, or the applicant is not entitled to a patent right in accordance with Article 9 of the Patent Law.
Rule 70
Where a request for invalidation of a patent right is not in conformity with the provisions of Article 18, paragraph one of the Patent Law or Article 69 of these Rules, the administrative department for patent under the State Council shall not accept it.
Where, after the Patent Administration Department under the State Council has made a decision on the request for invalidation, a request for invalidation is made on the same grounds and evidence, the Patent Administration Department under the State Council shall not accept it.
Where a request for invalidation of a patent right for design is made on the ground that it is not in conformity with the provisions of Article 23.3 of the Patent Law, but no evidence is submitted to prove the conflict of rights, the administrative department for patent under the State Council shall not accept it.
Where the request for invalidation of the patent right is not in conformity with the prescribed form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If the rectification is not made at the expiry of the time limit, the request for invalidation shall be deemed not to have been made.
Rule 71
After the administrative department for patent under the State Council has accepted the request for invalidation, the person making the request may add reasons or supplement evidence within 1 month from the date when the request for invalidation is filed. The administrative department for patent under the State Council may not consider any additional reasons or supplementary evidence after the expiration of the time limit.
Rule 72
The administrative department for patent under the State Council shall send the written request for the invalidation of the patent right and the copies of the relevant documents to the patentee, requiring it to state its opinions within a specified time limit.
The patentee and the person making the request for invalidation shall, within the specified time limit, make responses to the notification on transmitting the documents or the notification on examining the request for invalidation sent by the administrative department for patent under the State Council; where no response has been made at the expiry of the time limit, the examination by the administrative department for patent under the State Council shall not be affected.
Rule 73
In the course of the examination of the request for invalidation, the patentee of a patent for invention or utility model may amend its claims, but shall not expand the scope of protection of the original patent. Where the administrative department for patent under the State Council makes a decision to maintain the validity of the patent right or to declare a part of the patent right invalid on the basis of the amended claims, it shall announce the amended claims.
The patentee of a patent for invention or utility model shall not amend the specification or the appended drawings of a patent, and the patentee of a patent for design shall not amend the drawings, photographs or brief explanation.
Rule 74
The Patent Administration Department under the State Council may, upon the request of the party concerned or in accordance with the needs of the case, decide to conduct an oral procedure in respect of the request for invalidation.
Where the administrative department for patent under the State Council decides to hear the request for invalidation orally, it shall send a notification on the oral hearing to the party concerned, informing the date and place for holding the oral hearing. The parties shall make a reply within the time limit specified in the notice.
Where the person making the request for invalidation has not made any response within the time limit specified in the notification on oral hearing sent by the patent administration department under the State Council, and does not participate in the oral hearing, the request for invalidation shall be deemed to have been withdrawn; where the patentee does not participate in the oral hearing, the case may be heard by default.
Rule 75
In the course of the examination of a request for invalidation, the time limit specified by the Patent Administration Department under the State Council shall not be extended.
Rule 76
The person making the request for invalidation may withdraw his request before the Patent Administration Department under the State Council makes a decision on it.
Where the person making the request for invalidation withdraws his request or the request for invalidation is deemed to be withdrawn before the administrative department for patent under the State Council makes a decision, the examination procedures for the request for invalidation shall be terminated. However, where the administrative department for patent under the State Council considers that it can make a decision declaring the patent right invalid or partially invalid on the basis of the examination work already carried out, it shall not terminate the examination procedure.
Chapter V Compensation for the Duration of Patent Right
Rule 77
Where a request for compensation for the duration of a patent right is made in accordance with Paragraph 2 of Article 42 of the Patent Law, the patentee shall, within three months from the date of the announcement of the grant of the patent right, submit it to the administrative department for patent under the State Council.
Rule 78
Where compensation for the duration of the patent right is granted in accordance with the provisions of Article 42, paragraph 2, of the Patent Law, the duration of compensation shall be calculated on the basis of the actual number of days of unreasonable delay in the process of authorization of the patent for invention.
The term "the actual number of days of unreasonable delay in the process of granting a patent for invention" as mentioned in the preceding paragraph refers to the number of days between the expiration of four years from the date of application for a patent for invention and the expiration of three years from the date of request for substantive examination and the date of announcement of the grant of the patent right, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.
The following are reasonable delays:
(1) where a patent right is granted after the patent application documents have been amended in accordance with the provisions of Article 66 of these Rules, the delay caused by the reexamination procedure;
(2) Delays caused by the circumstances specified in Articles 103 and 104 of these Rules;
(3) Delays caused by other reasonable circumstances.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same day, and obtains a patent right for invention in accordance with the provisions of Article 47, paragraph four of these Rules, the duration of the patent right for the invention shall not be governed by the provisions of Article 42, paragraph two of the Patent Law.
Rule 79
The unreasonable delay caused by the applicant as prescribed in Paragraph 2 of Article 42 of the Patent Law includes the following circumstances:
(1) failure to respond to the notification sent by the administrative department for patent under the State Council within the specified time limit;
(2) Application for postponement of examination;
(3) Delays caused by the circumstances specified in Article 45 of these Rules;
(4) Other unreasonable delays caused by the applicant.
Rule 80
The term "patents for inventions related to new drugs" as mentioned in Paragraph 3 of Article 42 of the Patent Law refers to patents for new drug products, patents for preparation methods and patents for medical uses that meet the requirements.
Rule 81
a request for compensation for the duration of the patent right for inventions related to new drugs in accordance with the provisions of Article 42, paragraph 3, of the Patent Law shall be submitted to the patent administration department under the State Council within three months from the date of obtaining the marketing license for the new drug in China in accordance with the following requirements:
(1) If the new drug has more than one patent at the same time, the patentee can only request compensation for the duration of the patent for one of the patents;
(2) If a patent involves more than one new drug at the same time, only one new drug can make a claim for compensation for the duration of the patent;
(3) The patent is within the period of validity and has not been compensated for the duration of the patent right for inventions related to new drugs.
Rule 82
Where compensation for the term of a patent right is granted in accordance with the provisions of Article 42.3 of the Patent Law, the term of compensation shall be determined on the basis of compliance with the provisions of Article 42.3 of the Patent Law by subtracting five years from the number of days between the date of application for the patent and the date of obtaining the marketing license for the new drug in China.
Rule 83
During the term of patent right compensation, the scope of protection of a patent for an invention related to a new drug shall be limited to the new drug and its approved technical scheme related to the indication; within the scope of protection, the patentee shall enjoy the same rights and bear the same obligations as before the term of patent right compensation.
Rule 84
Where the administrative department for patent under the State Council, after examining the request for compensation of the duration of a patent right made in accordance with Paragraph 2 or 3 of Article 42 of the Patent Law, considers that the conditions for compensation are met, it shall make a decision to grant a time limit for compensation, and shall register and announce it; where the conditions for compensation are not met, it shall make a decision not to grant a time limit for compensation, and notify the patentee who made the request.
Chapter VI Special License for Patent Exploitation
Article 85. Where a patentee voluntarily declares to open for licensing its or his patent, the declaration shall be made after the grant of the patent right is announced.
The open license statement shall specify the following items:
(1) Patent number;
(2) The name of the patentee;
(Three) payment methods and standards for patent licensing fees;
(4) The term of the patent license;
(Five) other matters that need to be clarified.
The content of the open license statement shall be accurate and clear, and no commercial advertising terms shall appear.
Rule 86
In any of the following circumstances, the patentee shall not grant an open license to a patent right:
(1) The patent right is within the period of validity of the exclusive or exclusive license;
(2) it falls under the circumstances of suspension as provided for in Articles 103 and 104 of these Rules;
(Three) failing to pay the annual fee in accordance with the regulations;
(4) The patent right is pledged without the consent of the pledgee;
(Five) other circumstances that hinder the effective implementation of the patent right.
Rule 87
Where a license for exploitation of a patent is granted through an open license, the patentee or the licensee shall file with the administrative department for patent under the State Council for the record on the basis of a written document that can prove that the license has been granted.
Rule 88
a patentee shall not, by providing false materials or concealing facts, make an open license declaration or obtain a reduction or exemption of the annual patent fee during the implementation of the open license.
Rule 89
The "insufficient exploitation of the patent" referred to in Article 53, subparagraph (1) of the Patent Law means that the patentee and his licensee are unable to exploit the patent in such a manner or on such a scale as to satisfy the domestic demand for the patented product or process.
"Patented medicine" mentioned in Article 55 of the Patent Law refers to any patented product in the field of medicine needed to solve public health problems or a product directly obtained by a patented process, including the active ingredients required for the manufacture of the patented product and the diagnostic supplies required for the use of the product.
Rule 90
Anyone requesting a compulsory license shall submit a request for compulsory license to the administrative department for patent under the State Council, state the reasons therefor, and attach relevant supporting documents.
The patent administration department under the State Council shall send a copy of the request for compulsory license to the patentee. The patentee shall make his or its observations within the time limit specified by the patent administration department under the State Council. Where no response is made within the time limit, the patent administration department under the State Council shall not be affected in making a decision.
Before making a decision to reject the request for a compulsory license or to grant a compulsory license, the patent administration department under the State Council shall notify the person who made the request and the patentee of the decision they intend to make and the reasons for it.
When the patent administration department under the State Council makes a decision to grant a compulsory license in accordance with the provisions of Article 55 of the Patent Law, it shall also comply with the provisions of the relevant international treaties concluded or acceded to by China on granting a compulsory license for the purpose of solving public health problems, except where China has made reservations.
Rule 91
Where, in accordance with the provisions of Article 62 of the Patent Law, the administrative department for patent under the State Council is requested to adjudicate the amount of the exploitation fee, the party concerned shall submit a request for adjudication and attach the documents proving that the two parties have not been able to reach an agreement. The administrative department for patent under the State Council shall, within 3 months from the date of receipt of the request, make a ruling and notify the party concerned.
Chapter VII Reward and Remuneration to Inventor or Creator of Service Invention-creation
Rule 92
The entity to which a patent right is granted may agree with the inventor or creator or specify the manner and amount of the reward or remuneration provided for in Article 15 of the Patent Law in the rules and regulations formulated by it according to law. Units granted patent rights are encouraged to implement property rights incentives by means of equity, options and dividends, so that inventors or designers can reasonably share the benefits of innovation.
The reward and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the relevant financial and accounting systems of the State.
Where the entity to which a patent right has been granted has not made an agreement with the inventor or designer, nor has it stipulated in the rules and regulations it has formulated according to law the form and amount of award provided for in Article 15 of the Patent Law, it shall, within three months from the date of the announcement of the grant of the patent right, award the inventor or designer a prize of money. The sum of money prize for a patent for invention shall be no less than 4000 yuan; the sum of money prize for a patent for utility model or design shall be no less than 1500 yuan.
For an invention-creation made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity that has been granted a patent right shall award a money prize on a preferential basis.
Rule 94
Where the entity to which a patent right is granted has not made an agreement with the inventor or designer, nor has it stipulated in its rules and regulations formulated according to law the manner and amount of remuneration provided for in Article 15 of the Patent Law, it shall pay the inventor or designer reasonable remuneration in accordance with the provisions of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements.
Chapter VIII Protection of Patent Right
Rule 95
The administrative authority for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government, or the administrative authority for patent affairs of the people's government of a prefecture-level city, autonomous prefecture, league, region or municipality directly under the Central Government with a large amount of patent administration work and actual ability to handle it, may handle and mediate patent disputes.
Rule 96
Any of the following circumstances belongs to a patent infringement dispute that has a significant impact on the whole country as mentioned in Article 70 of the Patent Law:
(1) involving major public interests;
(Two) having a significant impact on the development of the industry;
(Three) major cases across provinces, autonomous regions and municipalities directly under the Central Government;
(4) other circumstances which, in the opinion of the administrative department for patent under the State Council, may have significant impact.
Where a patentee or interested party requests the patent administration department under the State Council to handle a patent infringement dispute, and the relevant case does not belong to a patent infringement dispute that has a significant impact on the whole country, the patent administration department under the State Council may designate the administrative department for patent work of the local people's government that has jurisdiction to handle it.
Rule 97
Where a party concerned requests the handling of a patent infringement dispute or the mediation of a patent dispute, it shall be under the jurisdiction of the department for the administration of patent work in the place where the respondent is located or where the infringement occurs.
Where two or more departments for the administration of patent work have jurisdiction over a patent dispute, the party concerned may make a request to one of the departments for the administration of patent work; where the party concerned makes a request to two or more departments for the administration of patent work with jurisdiction, the department for the administration of patent work that first accepts the request shall have jurisdiction.
Where a jurisdictional dispute arises between the departments for the administration of patent work, jurisdiction shall be designated by the department for the administration of patent work of the people's government at a higher level over both parties; where there is no such department for the administration of patent work of the people's government at a higher level over both parties, jurisdiction shall be designated by the administrative department for patent under the State Council.
Rule 98
Where, in the course of handling a patent infringement dispute, the respondent has filed a request for invalidation and has been accepted by the administrative department for patent under the State Council, he may request the department for the administration of patent work to suspend the handling.
Where the department for the administration of patent work considers that the reasons for suspension given by the respondent are obviously untenable, it may refuse to suspend the disposal.
Rule 99
Where any patentee affixes a patent mark on the patented product or on the package of that product in accordance with Article 16 of the Patent Law, he or it shall make the affixation in the manner as prescribed by the administrative department for patent under the State Council.
If the patent mark does not conform to the provisions of the preceding paragraph, the department responsible for patent law enforcement at or above the county level shall order it to make corrections.
Rule 100
Where any applicant or patentee violates the provisions of Article 11 or Article 88 of these Rules, he shall be given a warning and may be fined not more than 100,000 yuan by the department responsible for patent law enforcement at or above the county level.
Rule 101
The following acts shall be acts of passing off a patent as provided for in Article 68 of the Patent Law:
(1) Marking a patent mark on a product or its package that has not been granted a patent right, continuing to mark a patent mark on the product or its package after the patent right has been declared invalid or terminated, or marking the patent number of another person on the product or its package without permission;
(2) selling the products mentioned in Item (1);
(3) In the product specifications and other materials, the technology or design that has not been granted a patent right is called a patented technology or a patented design, the patent application is called a patent, or the patent number of another person is used without permission, which makes the public mistake the technology or design involved for a patented technology or a patented design;
(4) forging or altering patent certificates, patent documents or patent application documents;
(5) Other acts that confuse the public and mistake technologies or designs that have not been granted patent rights as patented technologies or patented designs.
It is not an act of counterfeiting a patent to mark a patent mark on a patented product, a product directly obtained by a patented method or its packaging according to law before the termination of the patent right, and to promise to sell or sell the product after the termination of the patent right.
If a person sells a product that is not known to be a counterfeit patent and can prove the legitimate source of the product, the department responsible for patent law enforcement at or above the county level shall order him to stop selling it.
Rule 102
Except as provided in Article 65 of the Patent Law, the department for the administration of patent work may, at the request of the party concerned, mediate the following patent disputes:
(1) Disputes over the ownership of the right to apply for a patent and the patent right;
(Two) disputes over the qualifications of inventors and designers;
(3) disputes over the rewards and remuneration of inventors and designers of service invention-creations;
(4) a dispute over the use of an invention without payment of an appropriate fee after the publication of the application for a patent for invention but before the grant of the patent right;
(5) Other patent disputes.
For the disputes enumerated in Item (4) of the preceding paragraph, if the parties request the department for the administration of patent work for mediation, they shall do so after the grant of the patent right.
Rule 103
Where a party concerned, in case of a dispute due to the ownership of the right of patent application or the patent right, has requested the department for the administration of patent work to mediate or has initiated a lawsuit to the people's court, he may request the administrative department for patent under the State Council to suspend relevant procedures.
Anyone who requests suspension of relevant procedures in accordance with the preceding paragraph shall submit a written request to the administrative department for patent under the State Council, state the reasons, and affix copies of the relevant acceptance documents issued by the department for the administration of patent work or the people's court with the application number or patent number indicated. Where the administrative department for patent under the State Council considers that the reason for suspension given by the party concerned is obviously untenable, it may not suspend the relevant procedure.
After the conciliation statement made by the department for the administration of patent work or the judgment made by the people's court has entered into force, the party concerned shall go through the formalities for recovering the relevant procedures in the administrative department for patent under the State Council. Where a dispute relating to the ownership of the right of patent application or the patent right has not been settled within one year from the date of requesting suspension, and it is necessary to continue to suspend the relevant procedures, the petitioner shall request an extension of the suspension within the time limit. Where the request for extension is not made at the expiry of the time limit, the administrative department for patent under the State Council shall resume the relevant procedures at its own discretion.
Rule 104
Where the people's court has ordered to adopt preservative measures over the right to apply for a patent or the patent right in the trial of a civil case, the administrative department for patent under the State Council shall suspend relevant procedures for the preserved right to apply for a patent or the patent right on the day when it receives the written order indicating the application number or the patent number and the notification for assistance in execution. Where, at the expiration of the preservation period, the people's court has not ordered to continue the preservation measures, the administrative department for patent under the State Council shall recover the relevant procedures at its own discretion.
Rule 105
that suspension of relevant procedure by the administrative department for patent under the State Council in accordance with the provision of article 103 and 104 of these rules means the suspension of the procedures for preliminary examination, substantive examination and reexamination of an application for patent, the procedure for the grant of patent right and the procedures for the invalidation of patent right; The procedures for abandoning, altering or transferring the patent right or the patent application right, the procedures for the pledge of the patent right and the procedures for the termination of the patent right before the expiration of the term of the patent right shall be suspended.
Chapter IX Patent Registration and Patent Gazette
Rule 106
The administrative department for patent under the State Council shall keep a Patent Register in which the following matters relating to patent applications and patent rights shall be registered:
(1) grant of the patent right;
(2) The transfer of the right of patent application and the patent right;
(3) The pledge, preservation and cancellation of the patent right;
(4) Filing of patent licensing contracts;
(5) Declassification of national defense patents and confidential patents;
(6) invalidation of the patent right;
(7) termination of the patent right;
(8) Restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) Open license for patent exploitation;
(11) compulsory license for exploitation of the patent;
(12) any change in the name, nationality or address of the patentee.
Rule 107
The administrative department for patent under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following:
(1) the bibliographic data and the abstract of the specification of an application for a patent for invention;
(2) any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Administration Department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention;
(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication;
(4) The grant of patent rights and the bibliographic data of patent rights;
(5) The abstract of the specification of a patent for utility model, a drawing or photograph of a patent for design;
(6) Declassification of national defense patents and confidential patents;
(7) invalidation of the patent right;
(8) The termination or restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) transfer of the patent right;
(11) Filing of patent licensing contracts;
(12) The pledge, preservation and cancellation of the patent right;
(Thirteen) open licensing matters for patent implementation;
(14) grant of a compulsory license for exploitation of the patent;
(15) any change in the name, nationality or address of the patentee;
(16) Service of documents by public announcement;
(17) corrections made by the administrative department for patent under the State Council;
(18) Other relevant matters.
Rule 108
The administrative department for patent under the State Council shall provide the patent Gazette, the single edition of the patent application for invention and the single edition of the patent for invention, utility model and design for free reference by the public.
Rule 109
The administrative department for patent under the State Council shall be responsible for exchanging patent documents with the patent offices of other countries, regions or regional patent organizations in accordance with the principle of reciprocity.
Chapter X Expenses
Rule 110
When filing an application for a patent with the administrative department for patent under the State Council and fulfilling other formalities, the following fees shall be charged:
(1) Application fee, additional fee for application, publishing and printing fee and fee for claiming priority;
(2) fee for substantial examination of an application for a patent for invention and re-examination fee;
(3) Annual fee;
(Four) request fee for restoration of rights and request fee for extension of time limit;
(5) Fees for changes in bibliographic items, fees for requests for patent evaluation reports, fees for requests for invalidation and fees for certification of copies of patent documents.
The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the development and reform department and the financial department of the State Council in conjunction with the patent administration department of the State Council according to their respective responsibilities. The financial department and the development and reform department under the State Council may, in conjunction with the patent administration department under the State Council, adjust the types and standards of fees payable for patent application and other formalities according to the actual situation.
Rule 111
The fees provided for in the Patent Law and these Implementing Regulations shall be paid strictly in accordance with the provisions.
Where the fees are directly paid to the administrative department for patent under the State Council, the date when the payment was made shall be regarded as the payment date; where the fees are remitted by post, the date of mailing indicated by the postmark shall be regarded as the payment date; where the fees are remitted by bank, the date of actual remittance by the bank shall be regarded as the payment date.
Where any patent fee is overpaid, repaid or wrongly paid, the party concerned may, within three years from the date of payment, request the administrative department for patent under the State Council for a refund, and the administrative department for patent under the State Council shall refund the fee.
Rule 112
The applicant shall, within 2 months from the filing date or within 15 days from the date of receipt of the notification of acceptance of the application, pay the filing fee, the printing fee for publication of the application and the necessary additional fee for filing of application. Where the filing fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn.
An applicant who claims the right of priority shall pay the fee for claiming the right of priority together with the application fee; where the fee has not been paid or fully paid at the expiry of the time limit, the claim shall be deemed not to have been made.
Rule 113
Where the party concerned requests an examination or reexamination as to substance, the relevant fee shall be paid within the time limit prescribed respectively by the Patent Law and these Implementing Regulations; where the fee has not been paid or fully paid at the expiry of the time limit, the request shall be deemed not to have been made.
Rule 114
When the applicant goes through the formalities of registration, he shall pay the annual fee for the year in which the patent right is granted. If the fee is not paid or not paid in full at the expiration of the time limit, the applicant shall be deemed not to have gone through the formalities of registration.
Rule 115
The annual fee after the year in which the patent right is granted shall be paid before the expiration of the preceding year. Where the annual fee is not paid or not paid in full by the patentee, the administrative department for patent under the State Council shall notify the patentee to rectify the insufficiency within 6 months as of the expiry of the time limit within which the annual fee should be paid, and at the same time pay a surcharge, the amount of which shall be calculated by charging an additional 5% of the total amount of the annual fee for that year for each month exceeding the provided payment time; where the insufficiency has not been paid at the expiry of the time limit, the patent right shall be terminated as of the expiry of the time.
Rule 116
The fee for a claim for restoration of rights shall be paid within the relevant time limit prescribed in these Rules; if the fee is not paid or not paid in full at the expiration of the time limit, the claim shall be deemed not to have been filed.
The fee for requesting the extension of the time limit shall be paid before the expiration of the corresponding time limit; if the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, the fee for requesting an evaluation report on a patent right, and the fee for requesting invalidation shall be paid within one month from the date on which the request is filed. If the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been filed.
Rule 117
Where any applicant or patentee has difficulties in paying the various fees provided in these Implementing Regulations, he may, in accordance with the relevant provisions, submit a request for reduction to the Patent Administration Department under the State Council. The measures for the reduction shall be formulated by the financial department of the State Council in conjunction with the development and reform department of the State Council and the patent administration department of the State Council.
Chapter XI Special Provisions on International Applications for Inventions and Utility Models
Rule 118
The administrative department for patent under the State Council shall, in accordance with Article 19 of the Patent Law, accept the international patent applications filed in accordance with the Patent Cooperation Treaty.
Where any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the "international application") enters the phase of processing by the patent administration department under the State Council (hereinafter referred to as the "Chinese national phase"), the requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shall apply.
Rule 119
Any international application for which the international filing date has been determined in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed to have been filed with the patent administration department under the State Council, and the international filing date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.
Rule 120
Any applicant for an international application shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this Chapter), go through the formalities for entering the Chinese national phase at the administrative department for patent under the State Council; If the applicant fails to go through the formalities within the time limit, he may go through the formalities for entering the Chinese national phase within 32 months from the priority date after paying the grace fee.
Rule 121
The applicant who goes through the formalities for entering the Chinese national phase in accordance with the provisions of Article 120 of these Rules shall meet the following requirements:
(1) a written declaration for the entry of the national phase in China submitted in Chinese, indicating the international application number and the type of patent right requested to be obtained;
(2) to pay the application fee and the publishing and printing fee provided for in Paragraph 1 of Article 110 of these Rules, and, if necessary, to pay the grace fee provided for in Article 120 of these Rules;
(3) where the international application is filed in a foreign language, the Chinese translation of the description and the claims of the original international application shall be submitted;
(4) indicating the title of the invention-creation, the name and address of the applicant and the name of the inventor in the written declaration for the entry of the National Phase in China, which shall be consistent with the record in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not indicated in the international application, the name of the inventor shall be indicated in the above-mentioned declaration;
(5) Where the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted, and where there are drawings and drawings attached to the abstract, copies of the drawings shall be submitted and the drawings attached to the abstract shall be designated, and where there are words in the drawings, they shall be replaced by the corresponding Chinese words;
(6) where the formalities for the change of the applicant have been completed with the International Bureau in the international phase, the supporting materials for the right of application of the applicant after the change shall be provided when necessary;
(7) to pay, when necessary, the additional fee for application prescribed in Paragraph 1 of Article 110 of these Rules.
Where the application meets the requirements of Items (1) to (3) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall issue an application number, specify the date on which the international application has entered the National Phase in China (hereinafter referred to as the date of entry), and notify the applicant that his international application has entered the National Phase in China.
Where the international application has entered the Chinese national phase but does not meet the requirements in Items (4) to (7) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall notify the applicant to make rectification within the specified time limit; where the rectification is not made at the expiry of the time limit, the application shall be deemed to have been withdrawn.
Rule 122
The effectiveness of an international application in China shall be terminated under any of the following circumstances:
(1) where, in the International Phase, the international application is withdrawn or is deemed to be withdrawn, or the designation of China in the international application is withdrawn;
(2) where the applicant fails to go through the formalities for the entry of the Chinese national phase within 32 months from the priority date in accordance with Article 120 of these Rules;
(3) where the applicant has gone through the formalities for the entry of the Chinese national phase, but the requirements in subparagraphs (1) to (3) of Article 121 of these Rules have still not been met at the expiration of a period of 32 months from the priority date.
Where the effectiveness of an international application ceases in China according to the provisions of Item (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; where the effectiveness of an international application ceases in China according to the provisions of Items (2) and (3) of the preceding paragraph, the provisions of Paragraph 2 of Article 6 of these Rules shall not apply.
Rule 123
Where an international application has been amended in the International Phase and the applicant requests examination on the basis of the amended application documents, the Chinese translation of the amended part shall be submitted within 2 months from the date of entry. Where the Chinese translation is not submitted within the time limit, the administrative department for patent under the State Council shall not consider the amendments made by the applicant in the international phase.
Rule 124
Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (2) or (3) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the written statement concerning entry into the Chinese national phase, and furnish the relevant certificates prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of entry; Where no explanation is given or no certifying document is submitted within the time limit, the application shall not be governed by the provisions of Article 24 of the Patent Law.
Rule 125
Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 27, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of the biological material are contained in the description of the international application as initially filed, but there is no such indication in the declaration for the entry of the Chinese national phase, the applicant shall make a correction within four months from the date of entry. If the rectification has not been made at the expiration of the time limit, the biological material shall be deemed not to have been deposited.
Where the applicant submits the certificates of the deposit and the viability of the biological materials to the administrative department for patent under the State Council within four months from the date of entry, the deposit of biological materials shall be deemed to have been made within the time limit as provided for in Rule 27, subparagraph (1) of these Rules.
Rule 126
Where the invention-creation involved in an international application is completed in reliance on genetic resources, the applicant shall make a statement in the written declaration on the entry of the international application into the Chinese national phase, and fill in the form formulated by the administrative department for patent under the State Council.
Rule 127
Where the applicant claims one or more rights of priority in the International Phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted a written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay the fee for claiming the right of priority within two months from the date of entry; where the fee has not been paid or fully paid at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the administrative department for patent under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant fails to submit the copies of the earlier application documents in the International Phase, the administrative department for patent under the State Council may, when considering it necessary, notify the applicant to supplement them within a specified time limit; where the applicant fails to do so at the expiry of the time limit, his or its claim for priority shall be deemed not to have been made.
Rule 128
Where, within 2 months after the expiration of the period of priority, the filing date of the international application has been approved by the receiving Office in the international phase to restore the right of priority, the request for restoration of the right of priority shall be deemed to have been filed in accordance with the provisions of Article 36 of these Rules; Where, in the international phase, the applicant has not requested the restoration of the right of priority, or has made a request for the restoration of the right of priority but the receiving office has not approved it, and the applicant has justified reasons, he may, within 2 months from the date of entry, request the administrative department for patent under the State Council to restore the right of priority.
Rule 129
Where, before the expiration of 30 months from "the priority date", the applicant files a request with the Patent Administration Department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23.2 of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the administrative department for patent under the State Council, the applicant shall submit a confirmed copy of the international application.
Rule 130
For an international application for a patent for utility model, the applicant may, within 2 months from the date of entry, propose to amend the patent application documents on his own initiative.
The international application for the patent right for invention shall be subject to Paragraph 1 of Article 57 of these Rules.
Rule 131
Where the applicant finds that there are errors in the Chinese translation of the description, the claims or the text of the appended drawings as filed, he\/it may file a request for correction in accordance with the original international application within the following time limits:
(1) before the administrative department for patent under the State Council has completed the preparations for publishing the patent application for invention or announcing the patent right for utility model;
(2) within 3 months as of the receipt of the notification sent by the administrative department for patent under the State Council on the entry of the application for a patent for invention into the stage of substantial examination.
Where the applicant intends to correct the errors in the translation, he shall submit a written request and pay the prescribed fee for the correction of the translation.
Where the applicant corrects the translation in accordance with the notification of the administrative department for patent under the State Council, he\/it shall, within the specified time limit, fulfill the formalities provided in the second paragraph of this Article. Where the applicant fails to fulfill the prescribed formalities at the expiry of the time limit, the application shall be deemed to have been withdrawn.
Rule 132
For an international application claiming the patent right for invention, the administrative department for patent under the State Council shall, if considering it to be in conformity with relevant provisions in the Patent Law and these Rules after the preliminary examination, publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.
Where the international publication of an international application claiming for the patent right for invention is made by the International Bureau in Chinese, it shall be subject to Article 13 of the Patent Law from the date of international publication or from the date of publication by the administrative department for patent under the State Council; where the international publication is made by the International Bureau in a language other than Chinese, it shall be subject to Article 13 of the Patent Law from the date of publication by the administrative department for patent under the State Council.
For an international application, "publication" mentioned in Articles 21 and 22 of the Patent Law means the publication provided in Paragraph 1 of this Article.
Rule 133
Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, file a division of application in accordance with the provisions of Rule 48, paragraph one of these Implementing Regulations.
If, in the International Phase, the International Searching Authority or the International Preliminary Examination Authority considers that the international application is not in conformity with the requirement of singularity provided in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee as provided, thus causing some parts of the international application to be the subject of international searching or international preliminary examination, the applicant requests that the said parts be the basis of examination at the time of entry into the National Phase in China. Where the administrative department for patent under the State Council considers that the decision on unity of invention made by the international retrieval entity or the international preliminary examination entity is justified, it shall notify the applicant to pay the fee for restoration of unity within a specified time limit. Where the said fee has not been paid or fully paid at the expiry of the time limit, the parts of the international application which have not undergone search or international preliminary examination shall be deemed to have been withdrawn.
Rule 134
Where, in the International Phase, an international application is refused by a relevant international entity to grant an international application date on it or is declared to be deemed to have been withdrawn, the applicant may, within 2 months from the date on which he or it receives the notice, request the International Bureau to transfer the copy of any document in the file of the international application to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after receiving the documents transmitted by the International Bureau, re-examine whether the decision made by the international entity is correct.
Rule 135
With respect to the patent right granted upon the international application, if the scope of protection determined in accordance with Article 64 of the Patent Law has exceeded the scope expressed in the original text of the international application due to errors in the translation, the protection scope which is limited on the basis of the original text shall prevail; if the protection scope is narrower than the scope expressed in the original text of the international application due to such errors in the translation, the protection scope at the time of grant shall prevail.
Chapter XII Special Provisions on International Applications for Designs
Rule 136
The administrative department for patent under the State Council shall, in accordance with the provisions of Article 19 (2) and (3) of the Patent Law, handle the application for international registration of industrial designs filed in accordance with the Hague Agreement for the International Registration of Industrial Designs (1999 Text) (hereinafter referred to as the Hague Agreement).
The requirements and procedures of the administrative department for patent under the State Council for handling the international registration of designs filed in accordance with the Hague Agreement and designating China (hereinafter referred to as the international application for design) shall be governed by the provisions of this Chapter. Where there are no provisions in this Chapter, the relevant provisions in the Patent Law and other chapters of these Rules shall apply.
Rule 137
Any international application for a design for which an international registration date has been fixed in accordance with the Hague Agreement and which has designated China shall be deemed to be an application for a patent for design filed with the patent administration department under the State Council. The international registration date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.
Rule 138
After the publication of an international application for design by the International Bureau, the administrative department for patent under the State Council shall examine the international application for design and notify the International Bureau of the result of the examination.
Rule 139
Where the international application for a design published by the International Bureau contains one or more claims of priority, the written declaration shall be deemed to have been made in accordance with the provisions of Article 30 of the Patent Law.
Where the applicant of an international application for design claims the right of priority, he or she shall submit a copy of the earlier application documents within three months from the date of publication of the international application for design.
Rule 140
Where the design to which the international application relates falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the international application for design, make a declaration and furnish the relevant certified documents prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of publication of the international application for design.
Rule 141
Where an international application for a design contains two or more designs, the applicant may, within two months from the date of publication of the international application for design, file with the Patent Administration Department under the State Council a divisional application and pay the fee.
Rule 142
Where the international application for a design published by the International Bureau contains a specification containing key points of the design, the specification shall be deemed to have been filed in accordance with the provisions of Rule 31.
Rule 143
Where it is found after examination of the international application for design by the administrative department for patent under the State Council that there is no cause for rejection, the administrative department for patent under the State Council shall make the decision to grant protection and notify the International Bureau of the same.
The decision to grant protection made by the patent administration department under the State Council shall be announced, and the patent right for design shall take effect as of the date of the announcement.
Rule 144
Where the formalities for the change of rights have been completed in the International Bureau, the applicant shall submit the relevant certification materials to the administrative department for patent under the State Council.
Chapter XIII Supplementary Provisions
Rule 145
Any person may, upon approval by the administrative department for patent under the State Council, inspect or copy the files of the published or announced patent applications and the Patent Register, and may request the administrative department for patent under the State Council to issue a copy of the Patent Register.
The files of patent applications which are deemed to have been withdrawn or which have been rejected or which have been voluntarily withdrawn shall not be preserved after the 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.
Rule 146
The application documents submitted to the administrative department for patent under the State Council and the formalities fulfilled shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives; where a patent agency is appointed, it shall be sealed by the patent agency.
Where a change of the name of the inventor, the name, nationality and address of the applicant or the patentee, or the name and address of the patent agency and the name of the patent agent is requested, a request for a change in the bibliographic data shall be made to the administrative department for patent under the State Council, and when necessary, supporting materials for the change shall be submitted.
Rule 147
The documents relating to a patent application or patent right which are mailed to the administrative department for patent under the State Council shall be mailed by registered letter and shall not be mailed by parcel.
Except for any patent application document submitted 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 application number or the patent number, the title of the invention-creation and the name of the applicant or the patentee shall be indicated.
A letter shall contain only the documents of the same application.
Rule 148
The administrative department for patent under the State Council shall formulate the guidelines for patent examination in accordance with the Patent Law and these Rules.
Rule 149
These Rules shall enter into force as of July 1, 2001. The Rules for the Implementation 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 simultaneously.

第八十六条　专利权有下列情形之一的，专利权人不得对其实行开放许可：

（一）专利权处于独占或者排他许可有效期限内的；

（二）属于本细则第一百零三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百零三条　当事人因专利申请权或者专利权的归属发生纠纷，已请求管理专利工作的部门调解或者向人民法院起诉的，可以请求国务院专利行政部门中止有关程序。
依照前款规定请求中止有关程序的，应当向国务院专利行政部门提交请求书，说明理由，并附具管理专利工作的部门或者人民法院的写明申请号或者专利号的有关受理文件副本。国务院专利行政部门认为当事人提出的中止理由明显不能成立的，可以不中止有关程序。
管理专利工作的部门作出的调解书或者人民法院作出的判决生效后，当事人应当向国务院专利行政部门办理恢复有关程序的手续。自请求中止之日起1年内，有关专利申请权或者专利权归属的纠纷未能结案，需要继续中止有关程序的，请求人应当在该期限内请求延长中止。期满未请求延长的，国务院专利行政部门自行恢复有关程序。
、第一百零四条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百零四条　人民法院在审理民事案件中裁定对专利申请权或者专利权采取保全措施的，国务院专利行政部门应当在收到写明申请号或者专利号的裁定书和协助执行通知书之日中止被保全的专利申请权或者专利权的有关程序。保全期限届满，人民法院没有裁定继续采取保全措施的，国务院专利行政部门自行恢复有关程序。
规定的中止情形的；

（三）没有按照规定缴纳年费的；

（四）专利权被质押，未经质权人同意的；

（五）其他妨碍专利权有效实施的情形。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 86
In any of the following circumstances, the patentee shall not grant an open license to a patent right:
(1) The patent right is within the period of validity of the exclusive or exclusive license;
(2) it falls under the circumstances of suspension as provided for in Articles 103 and 104 of these Rules;
(Three) failing to pay the annual fee in accordance with the regulations;
(4) The patent right is pledged without the consent of the pledgee;
(Five) other circumstances that hinder the effective implementation of the patent right.

第八十七条　通过开放许可达成专利实施许可的，专利权人或者被许可人应当凭能够证明达成许可的书面文件向国务院专利行政部门备案。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 87
Where a license for exploitation of a patent is granted through an open license, the patentee or the licensee shall file with the administrative department for patent under the State Council for the record on the basis of a written document that can prove that the license has been granted.

第八十八条　专利权人不得通过提供虚假材料、隐瞒事实等手段，作出开放许可声明或者在开放许可实施期间获得专利年费减免。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 88
a patentee shall not, by providing false materials or concealing facts, make an open license declaration or obtain a reduction or exemption of the annual patent fee during the implementation of the open license.

第八十九条　专利法第五十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五十三条
有下列情形之一的，国务院专利行政部门根据具备实施条件的单位或者个人的申请，可以给予实施发明专利或者实用新型专利的强制许可：
（一）专利权人自专利权被授予之日起满三年，且自提出专利申请之日起满四年，无正当理由未实施或者未充分实施其专利的；
（二）专利权人行使专利权的行为被依法认定为垄断行为，为消除或者减少该行为对竞争产生的不利影响的。
第（一）项所称未充分实施其专利，是指专利权人及其被许可人实施其专利的方式或者规模不能满足国内对专利产品或者专利方法的需求。

专利法第五十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五十五条
为了公共健康目的，对取得专利权的药品，国务院专利行政部门可以给予制造并将其出口到符合中华人民共和国参加的有关国际条约规定的国家或者地区的强制许可。
所称取得专利权的药品，是指解决公共健康问题所需的医药领域中的任何专利产品或者依照专利方法直接获得的产品，包括取得专利权的制造该产品所需的活性成分以及使用该产品所需的诊断用品。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 89
The "insufficient exploitation of the patent" referred to in Article 53, subparagraph (1) of the Patent Law means that the patentee and his licensee are unable to exploit the patent in such a manner or on such a scale as to satisfy the domestic demand for the patented product or process.
"Patented medicine" mentioned in Article 55 of the Patent Law refers to any patented product in the field of medicine needed to solve public health problems or a product directly obtained by a patented process, including the active ingredients required for the manufacture of the patented product and the diagnostic supplies required for the use of the product.

第九十条　请求给予强制许可的，应当向国务院专利行政部门提交强制许可请求书，说明理由并附具有关证明文件。

国务院专利行政部门应当将强制许可请求书的副本送交专利权人，专利权人应当在国务院专利行政部门指定的期限内陈述意见；期满未答复的，不影响国务院专利行政部门作出决定。

国务院专利行政部门在作出驳回强制许可请求的决定或者给予强制许可的决定前，应当通知请求人和专利权人拟作出的决定及其理由。

国务院专利行政部门依照专利法第五十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第五十五条
为了公共健康目的，对取得专利权的药品，国务院专利行政部门可以给予制造并将其出口到符合中华人民共和国参加的有关国际条约规定的国家或者地区的强制许可。
的规定作出给予强制许可的决定，应当同时符合中国缔结或者参加的有关国际条约关于为了解决公共健康问题而给予强制许可的规定，但中国作出保留的除外。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 90
Anyone requesting a compulsory license shall submit a request for compulsory license to the administrative department for patent under the State Council, state the reasons therefor, and attach relevant supporting documents.
The patent administration department under the State Council shall send a copy of the request for compulsory license to the patentee. The patentee shall make his or its observations within the time limit specified by the patent administration department under the State Council. Where no response is made within the time limit, the patent administration department under the State Council shall not be affected in making a decision.
Before making a decision to reject the request for a compulsory license or to grant a compulsory license, the patent administration department under the State Council shall notify the person who made the request and the patentee of the decision they intend to make and the reasons for it.
When the patent administration department under the State Council makes a decision to grant a compulsory license in accordance with the provisions of Article 55 of the Patent Law, it shall also comply with the provisions of the relevant international treaties concluded or acceded to by China on granting a compulsory license for the purpose of solving public health problems, except where China has made reservations.

第九十一条　依照专利法第六十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六十二条
取得实施强制许可的单位或者个人应当付给专利权人合理的使用费，或者依照中华人民共和国参加的有关国际条约的规定处理使用费问题。付给使用费的，其数额由双方协商；双方不能达成协议的，由国务院专利行政部门裁决。
的规定，请求国务院专利行政部门裁决使用费数额的，当事人应当提出裁决请求书，并附具双方不能达成协议的证明文件。国务院专利行政部门应当自收到请求书之日起3个月内作出裁决，并通知当事人。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 91
Where, in accordance with the provisions of Article 62 of the Patent Law, the administrative department for patent under the State Council is requested to adjudicate the amount of the exploitation fee, the party concerned shall submit a request for adjudication and attach the documents proving that the two parties have not been able to reach an agreement. The administrative department for patent under the State Council shall, within 3 months from the date of receipt of the request, make a ruling and notify the party concerned.
Chapter VII Reward and Remuneration to Inventor or Creator of Service Invention-creation

第九十二条　被授予专利权的单位可以与发明人、设计人约定或者在其依法制定的规章制度中规定专利法第十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十五条
被授予专利权的单位应当对职务发明创造的发明人或者设计人给予奖励；发明创造专利实施后，根据其推广应用的范围和取得的经济效益，对发明人或者设计人给予合理的报酬。
国家鼓励被授予专利权的单位实行产权激励，采取股权、期权、分红等方式，使发明人或者设计人合理分享创新收益。
规定的奖励、报酬的方式和数额。鼓励被授予专利权的单位实行产权激励，采取股权、期权、分红等方式，使发明人或者设计人合理分享创新收益。

企业、事业单位给予发明人或者设计人的奖励、报酬，按照国家有关财务、会计制度的规定进行处理。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 92
The entity to which a patent right is granted may agree with the inventor or creator or specify the manner and amount of the reward or remuneration provided for in Article 15 of the Patent Law in the rules and regulations formulated by it according to law. Units granted patent rights are encouraged to implement property rights incentives by means of equity, options and dividends, so that inventors or designers can reasonably share the benefits of innovation.
The reward and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the relevant financial and accounting systems of the State.
Where the entity to which a patent right has been granted has not made an agreement with the inventor or designer, nor has it stipulated in the rules and regulations it has formulated according to law the form and amount of award provided for in Article 15 of the Patent Law, it shall, within three months from the date of the announcement of the grant of the patent right, award the inventor or designer a prize of money. The sum of money prize for a patent for invention shall be no less than 4000 yuan; the sum of money prize for a patent for utility model or design shall be no less than 1500 yuan.
For an invention-creation made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity that has been granted a patent right shall award a money prize on a preferential basis.

第九十三条　被授予专利权的单位未与发明人、设计人约定也未在其依法制定的规章制度中规定专利法第十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十五条
被授予专利权的单位应当对职务发明创造的发明人或者设计人给予奖励；发明创造专利实施后，根据其推广应用的范围和取得的经济效益，对发明人或者设计人给予合理的报酬。
国家鼓励被授予专利权的单位实行产权激励，采取股权、期权、分红等方式，使发明人或者设计人合理分享创新收益。
规定的奖励的方式和数额的，应当自公告授予专利权之日起3个月内发给发明人或者设计人奖金。一项发明专利的奖金最低不少于4000元；一项实用新型专利或者外观设计专利的奖金最低不少于1500元。

由于发明人或者设计人的建议被其所属单位采纳而完成的发明创造，被授予专利权的单位应当从优发给奖金。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

====== Implementation Rules of the Patent Law of the People's Republic of China (machine translation)
(Promulgated by Order No.306 of the State Council of the People's Republic of China on June 15, 2001) Revised for the first time in accordance with the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 28, 2002 According to the second revision of the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on January 9, 2010, and the third revision of the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 11, 2023)
Chapter I General Provisions
Rule 1
These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
Rule 2
All formalities provided in the Patent Law and these Rules shall be fulfilled in written form or in other forms provided by the administrative department for patent under the State Council. A data message (hereinafter referred to as "electronic form") that is capable of expressing its contents in a tangible manner and is readily accessible by means of electronic data interchange or other means is deemed to be in writing.
Rule 3
Any document to be submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; where there is a unified scientific and technological term stipulated by the State, it shall be a standard term; where there is no unified Chinese translation of a foreign name, place name or scientific and technological term, the original text shall be indicated.
Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Rules is in a foreign language, the administrative department for patent under the State Council may, when it deems necessary, request the party concerned to submit a Chinese translation within a specified time limit; where the translation is not submitted at the expiration of the time limit, the certificate or certifying document shall be deemed to have not been submitted.
Rule 4
Where any document is mailed to the administrative department for patent under the State Council, the date of mailing indicated by the postmark shall be regarded as the date of submission; where the date of mailing indicated by the postmark is not clear, unless the party concerned can provide proof, the date of receipt by the administrative department for patent under the State Council shall be regarded as the date of submission.
Where any document is submitted to the patent administration department under the State Council in electronic form, the date of entry into the specific electronic system designated by the patent administration department under the State Council shall be the date of submission.
All documents of the administrative department for patent under the State Council may be served to the parties concerned by electronic form, mail, direct delivery or other means. Where a party concerned has appointed a patent agency, the documents shall be sent to the patent agency; where no patent agency has been appointed, the documents shall be sent to the contact person specified in the request.
For any document mailed by the administrative department for patent under the State Council, the 15th day from the date of dispatch shall be presumed to be the date of receipt of the document by the party concerned. If the evidence provided by the parties can prove the date of actual receipt of the documents, the date of actual receipt shall prevail.
Where a document is to be delivered directly in accordance with the provisions of the administrative department for patent under the State Council, the date of delivery shall be the date of service.
If the address of the document is not clear and cannot be mailed, it may be served to the parties by public announcement. The document shall be deemed to have been served at the expiration of one month from the date of the announcement.
Where any document is served by the administrative department for patent under the State Council in electronic form, the date of entry into the electronic system recognized by the party concerned shall be the date of service.
Rule 5
Any time limit provided in the Patent Law or these Rules shall not be counted from the beginning of the day, but shall be counted from the next day. Where a time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, it shall expire on the last day of that month; if a time limit expires on a statutory holiday, it shall expire on the first working day following that holiday.
Rule 6
Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of force majeure, resulting in loss of his or its rights, he or it may, within two months from the date on which the impediment is removed and within two years immediately following the expiration of that time limit, request the Patent Administration Department under the State Council to restore his or its rights.
Where a time limit prescribed in the Patent Law or these Rules or specified by the administrative department for patent under the State Council is not observed by a party concerned due to other justified reasons, resulting in loss of his or its rights, he or it may, within 2 months from the date of receipt of the notification from the administrative department for patent under the State Council, request the administrative department for patent under the State Council to restore his or its rights; However, where the time limit for requesting reexamination is delayed, it may, within two months from the expiration of the time limit for requesting reexamination, request the administrative department for patent under the State Council to restore its rights.
Where a party requests restoration of its rights in accordance with Paragraph 1 or Paragraph 2 of this Article, it shall submit a request for restoration of rights, state the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should have been gone through before the loss of its rights. Where a party requests restoration of rights in accordance with Paragraph 2 of this Article, it shall also pay the fee for requesting restoration of rights.
A party requesting an extension of the time limit specified by the patent administration department under the State Council shall, before the expiration of the time limit, submit a request for extension to the patent administration department under the State Council, state the reasons, and go through the relevant formalities.
The provisions of Paragraph 1 and Paragraph 2 of this Article shall not be applicable to the time limit provided in Article 24, Article 29, Article 42 and Article 74 of the Patent Law.
Rule 7
Where a patent application involves the interests of national defense and needs to be kept confidential, it shall be accepted and examined by the national defense patent office. Where a patent application accepted by the patent administration department under the State Council involves the interests of national defense and needs to be kept confidential, it shall be transferred to the national defense patent office for examination in a timely manner. If no reason for rejection is found after examination by the national defense patent authority, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
Where the administrative department for patent under the State Council considers that the application for patent for invention or utility model it has accepted involves national security or vital interests other than the interests of national defence and needs to be kept confidential, it shall make a timely decision to deal with the application as a confidential patent and notify the applicant. Special procedures for the examination and reexamination of an application for a confidential patent and for the invalidation of a confidential patent right shall be prescribed by the patent administration department under the State Council.
Rule 8
"Invention or utility model made in China" mentioned in Article 19 of the Patent Law means an invention or utility model in which the substantial content of the technical solution is made in China.
Any entity or individual that files an application in a foreign country for a patent for an invention or utility model completed in China shall, in one of the following ways, request the Patent Administration Department under the State Council to conduct a confidential examination:
(1) Where an application for a patent is filed directly in a foreign country or an international application for a patent is filed with a relevant foreign institution, a request shall be made to the administrative department for patent under the State Council in advance, and its technical scheme shall be explained in detail;
Where, after filing an application for a patent with the patent administration department under the State Council, any person intends to file an application for a patent in a foreign country or to submit an international application for patent to a foreign institution concerned, he or it shall, before filing an application for a patent in a foreign country or submitting an international application for patent to a foreign institution concerned, make a request to the patent administration department under the State Council.
Where an international application for patent is submitted to the administrative department for patent under the State Council, it shall be deemed that a request for confidentiality examination has been made at the same time.
Rule 9
Where the administrative department for patent under the State Council, after receiving a request submitted in accordance with Article 8 of these Rules, considers, after examination, that the invention or utility model may involve the security or vital interests of the State and needs to be kept confidential, it shall, within 2 months from the date of submission of the request, issue a notice of confidential examination to the applicant; if the circumstances are complicated, the period may be extended by 2 months.
Where the administrative department for patent under the State Council makes a request for examination in accordance with the preceding paragraph, it shall, within four months from the date of submission of the request, make a decision on whether it is necessary to keep the request confidential and notify the applicant accordingly; if the circumstances are complicated, the period may be extended by two months.
Rule 10
"Invention-creation that violates law" mentioned in Article 5 of the Patent Law does not include the invention-creation the exploitation of which is merely prohibited by law.
Rule 11
The principle of good faith shall be followed in patent application. All kinds of patent applications shall be based on real invention-creation activities and shall not be fraudulent.
Rule 12
Except for the circumstances provided in Articles 28 and 42 of the Patent Law, the date of filing referred to in the Patent Law means the priority date where priority is claimed.
The filing date mentioned in these Rules, unless otherwise provided, means the filing date provided in Article 28 of the Patent Law.
Rule 13
"a service invention-creation made by a person in execution of the tasks of the entity to which he belongs" mentioned in Article 6 of the Patent Law means:
(1) inventions and creations made in the course of their own work;
(2) Inventions and creations made in the performance of tasks other than their own work assigned by the unit;
(3) Inventions and creations made within one year after retirement or transfer from the original unit or termination of labor or personnel relations, which are related to the work undertaken by the original unit or the tasks assigned by the original unit.
"The entity to which he belongs" mentioned in Article 6 of the Patent Law may also be a temporary entity for which the person works; "material resources of the entity" mentioned in Article 6 of the Patent Law shall include the entity's money, equipment, spare parts, raw materials, or technical information and materials which are not to be disclosed to the public.
Rule 14
"Inventor" or "creator" as mentioned in the Patent Law means any person who has made creative contributions to the substantive features of an invention-creation. "A person who, in the course of accomplishing the invention-creation, is merely responsible for organizational work, or who provides facilities for making use of material and technical means, or who takes part in other auxiliary work, is not an inventor or designer.".
Rule 15
Unless a patent right is assigned in accordance with Article 10 of the Patent Law, the party concerned shall, if the patent right is devolved due to other reasons, fulfill the formalities for the devolution of the patent right to the administrative department for patent under the State Council with relevant certified documents or legal instruments.
Any license contract for exploitation of the patent which has been concluded by the patentee with another person shall, within three months from the date of entry into force of the contract, be filed with the patent administration department under the State Council for the record.
Where a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under the State Council.
Rule 16
Patent work shall implement the strategic plan of the Party and the state for intellectual property rights, improve the level of patent creation, application, protection, management and service in China, support comprehensive innovation and promote the construction of an innovative country.
The patent administration department under the State Council shall enhance the public service capacity of patent information, publish patent information completely, accurately and timely, provide basic patent data, and promote the open sharing and interconnection of patent-related data resources.
Chapter II Application for Patent
Rule 17
Anyone who applies for a patent shall submit application documents to the administrative department for patent under the State Council. The application documents shall meet the prescribed requirements.
Any applicant who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the patent administration department under the State Council, shall submit at the same time a power of attorney indicating the scope of the power entrusted.
Where there are two or more applicants and no patent agency has been entrusted, the first applicant specified in the request shall be the representative unless otherwise stated in the request.
Rule 18
Where a patent agency is appointed in accordance with the provisions of Article 18, paragraph 1, of the Patent Law to apply for a patent or to have other patent matters to attend to in China, the applicant or the patentee may attend to the following matters on his own:
(1) where the application claims the right of priority, a copy of the patent application document which was first filed (hereinafter referred to as the earlier application);
(2) Payment of fees;
(3) other matters prescribed by the administrative department for patent under the State Council.
Rule 19
The request for an application for a patent for invention, utility model or design shall state the following:
(1) the title of the invention, utility model or design;
(2) The name, address, postal code, unified social credit code or identity certificate number of the applicant who is a Chinese entity or individual; the name, nationality or country or region of registration of the applicant who is a foreigner, foreign enterprise or other foreign organization;
(3) The name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and code of the trustee, as well as the name, qualification certificate number and telephone number of the patent agent designated by the trustee;
(5) The filing date and filing number of the earlier application and the name of the original accepting institution for which priority is claimed;
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of additional documents;
(Nine) other relevant matters that need to be specified.
Rule 20
The description of an application for a patent for invention or utility model shall state the title of the invention or utility model as it appears in the request. The description shall include the following:
(1) technical field: indicating the technical field to which the technical solution under the request for protection belongs;
(2) background technologies: indicating the background technologies useful to the understanding, retrieval and examination of the invention or utility model; and if possible, citing the documents reflecting these background technologies;
(3) the contents of invention: indicating the technical problems to be solved for the invention or utility model and the technical solution adopted for solving the technical problems, and indicating the beneficial effects of the invention or utility model by comparison with the technology currently available;
(4) a description of the drawings: if there are drawings in the specification, a brief description of each drawing shall be made;
(5) the specific mode for carrying out the invention or utility model: indicating in detail the preferred mode contemplated by the applicant for carrying out the invention or utility model; where necessary, illustrating with examples; and comparing with the appended drawings, if any.
An applicant for a patent for invention or utility model shall present the description in accordance with the manner and order provided in the preceding paragraph, and shall indicate the heading in front of each portion of the description, unless a different manner or order would afford a more economical presentation and a more accurate understanding due to the nature of the invention or utility model.
The description of the invention or utility model shall use standard terms and be in clear wording, and shall not contain the words "such as the claims …" The stated Commercial advertising terms shall not be used in the first category of quotations.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the description shall contain a sequence table in conformity with the provisions of the administrative department for patent under the State Council.
The specification of an application for a patent for utility model shall include drawings showing the shape, structure, or a combination thereof, of the product sought to be protected.
Rule 21
The figures of the appended drawings of the invention or utility model shall be in accordance with "Figure 1, Figure 2" Sequential numbering.
Reference signs not mentioned in the text of the description of the invention or utility model shall not appear in the appended drawings. Reference signs not appearing in the appended drawings shall not appear in the text of the description. The appended drawing reference signs for the same component part in the application documents shall be consistent.
The drawings shall not contain any notes other than the necessary words.
Rule 22
The patent claim shall state the technical features of the invention or utility model.
Where there are several claims in the patent claim, they shall be numbered consecutively in Arabic numerals.
The technical terminology used in the claims shall be consistent with that used in the description, and may contain chemical or mathematical formulae but no illustrations. Except when absolutely necessary, do not use "as described in the instructions …" Part of the "or" as shown in the figure The term "shown".
The technical features mentioned in the claims may refer to the corresponding reference signs in the drawings of the description, and such reference signs shall follow the corresponding technical features and be placed in parentheses, so that the claims can be easily understood. Reference signs shall not be construed as limiting the claims.
Rule 23
The patent claim shall have an independent claim, and may also contain subordinate claims.
An independent claim shall outline the technical solution of an invention or utility model and record the technical features necessary for solving technical problems.
A dependent claim shall further define the cited claim with additional technical features.
Rule 24
An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form:
(I) the preamble portion: indicating the subject title of the technical solution to the invention or utility model which is claimed to be protected and those essential technical features that are common to the subject of the invention or utility model and the closest technology currently available;
(II) Characteristic part: use "characterized by" Or in similar terms, stating the technical features of the invention or utility model, which distinguish it from the closest technology currently available. These features, in combination with the features indicated in the preamble portion, serve to define the scope of protection of the invention or utility model.
Rule 25
An independent claim may be presented in any other form if the nature of the invention or utility model is not suitable to be expressed in the form mentioned in the preceding paragraph.
Each invention or utility model shall have only one independent claim, which shall precede all the subordinate claims of the same invention or utility model.
A subordinate claim of an invention or utility model shall contain a quoting portion and a characterizing portion, and be presented in the following form:
(I) a reference portion: indicating the serial number (s) of the claim (s) referred to and the title of the subject matter;
(II) a characterizing portion: stating the additional technical features of the invention or utility model.
A dependent claim refers only to the preceding claim. A multiple dependent claim, which refers to two or more claims, shall refer to the preceding claim in the alternative only, and shall not serve as a basis for another multiple dependent claim.
Rule 26
The abstract of the specification shall indicate the outline of the contents made public by the application for a patent for invention or utility model, that is, to indicate the title of the invention or utility model and the field of technology to which it belongs, and shall clearly reflect the technical problem to be solved, the essentials and main uses of the technical solution to this problem.
The abstract of the specification may contain the chemical formula which best characterizes the invention. For an application for a patent which contains drawings, the appended drawing of the specification which best characterizes the invention or utility model shall be designated in the request as the appended drawing of the abstract. Commercial advertising terms shall not be used in the abstract.
Rule 27
Where an invention for which a patent is applied for involves a new biomaterial which is not available to the public, and the specification on this biomaterial is not enough to make the technicians who belong to this field to exploit the invention, the applicant shall, in addition to complying with the relevant provisions in the Patent Law and these Rules, fulfill the following formalities:
(1) depositing a sample of the biological material with a depository 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 at the expiry of the time limit, the sample shall be deemed not to have been deposited;
(2) providing information on the characteristics of the biological material in the application documents;
(3) indicating, where the application relates to the deposit of the sample of the biological material, in the request and the description the scientific name (with its Latin name) of the biological material, the name and address of the depository 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 rectified within four months from the date of filing; where they are not rectified at the expiry of the time limit, the deposit shall be deemed not to have been made.
Rule 28
Where the applicant for a patent for invention has deposited a sample of the biological material in accordance with the provisions of Rule 27 of these Implementing Regulations, and after the application for a 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:
(1) The name and address of the petitioner;
(2) An undertaking not to make the biological material available to any other person;
(3) an undertaking to use the instrument for experimental purposes only before the grant of the patent right.
Rule 29
"Article 29" Genetic resources "as mentioned in the Patent Law means the materials containing units of genetic function such as human bodies, animals, plants or microorganisms, which are of actual or potential value, and the genetic information derived from the utilization of such materials;" invention-creation made on the basis of genetic resources "as mentioned in the Patent Law means an invention-creation made by making use of the genetic functions of genetic resources.".
Where an application for a patent is filed for an invention-creation made by relying on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department under the State Council.
Rule 30
The applicant shall submit relevant drawings or photographs of the contents of each design product that needs to be protected.
Where an application for a patent for partial design is filed, a view of the product as a whole shall be submitted, and the contents of the part to be protected shall be indicated by a combination of dotted lines and solid lines or by other means.
Where an applicant requests the protection of colors, he shall submit color pictures or photographs.
Rule 31
The brief explanation of the design shall indicate the name and use of the design product and the main points of the design, and designate a drawing or photograph that best shows the main points of the design. If the view is omitted or the color is requested to be protected, it shall be indicated in the brief description.
Where one application for a patent for design is filed for several similar designs of the same product, one of them shall be designated as the basic design in the brief description.
Where an application for a patent for partial design is filed, the part for which protection is sought shall be indicated in the brief description, except where it has been indicated by a combination of dashed and solid lines in a view of the product as a whole.
The brief description shall not use commercial advertising terms or describe the performance of the product.
Rule 32
The administrative department for patent under the State Council may, when considering it necessary, 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 shall not exceed 30 cm X 30 cm X 30 cm, and the weight shall not exceed 15 kg. Perishable, perishable or dangerous goods shall not be submitted as samples or models.
Rule 33
The international exhibition recognized by the Chinese Government referred to in Article 24, subparagraph (2) of the Patent Law means an international exhibition registered with or recognized by the International Exhibition Bureau as provided for in the Convention on International Exhibitions.
The academic or technological meeting referred to in Article 24, subparagraph (3) of the Patent Law means any academic or technological meeting organized by a relevant competent department of the State Council or by a national academic organization, or any academic or technological meeting organized by an international organization recognized by a relevant competent department of the State Council.
Where the invention-creation for which a patent is applied falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents indicating that the invention-creation has been exhibited or published and with the date of its exhibition or publication.
Where the invention-creation in an application for a patent falls under the provisions of Article 24, subparagraph (1) or (4) of the Patent Law, the administrative department for patent under the State Council may, when it deems necessary, require the applicant to submit a certified document within a specified time limit.
Where the applicant fails to make the declaration and submit the certifying documents in accordance with the provisions of Paragraph 3 of this Rule, or fails to submit the certifying documents within the specified time limit in accordance with the provisions of Paragraph 4 of this Rule, the provisions of Article 24 of the Patent Law shall not apply to his or its application.
Rule 34
Where the applicant claims the right of foreign priority in accordance with the provisions of Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original accepting institution. In accordance with the agreement signed between the patent administration department under the State Council and the accepting institution, where the patent administration department under the State Council obtains a copy of the earlier application document through electronic exchange or other means, it shall be deemed that the applicant has submitted a copy of the earlier application document certified by the accepting institution. Where the domestic priority is claimed and the applicant indicates the filing date and the filing number of the earlier application in the request, the copy of the earlier application documents shall be deemed to have been filed.
Where the right of priority is claimed, but one or two of the date of application, the application number of the earlier application and the name of the original accepting institution are omitted or wrongly stated in the written request, the administrative department for patent under the State Council shall notify the applicant to make rectification within a specified time limit; where the rectification is not made at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the name of the applicant claiming the right of priority is not the same as the name of the applicant recorded in the copy of the earlier application document, the applicant shall submit the documents evidencing the assignment of the right of priority. If the evidencing documents are not submitted, the claim to the right of priority shall be deemed not to have been made.
Where the applicant for a patent for design claims the right of foreign priority, if the earlier application does not contain a brief description of the design, the right of priority shall not be affected where the brief description submitted by the applicant in accordance with Article 31 of these Rules does not go beyond the scope of the drawings or photographs shown in the earlier application document.
Rule 35
An applicant may claim one or more priorities for an application for a patent; where more than one priority is claimed, the priority period for the application shall be calculated from the earliest priority date.
Where an applicant for a patent for invention or utility model claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. Where an applicant for a patent for design claims the right of domestic priority, if the earlier application is one for a patent for invention or utility model, he or it may file an application for a patent for design that has the same subject matter as the design shown in the drawings; if the earlier application is one for a patent for design, he or it may file an application for a patent for design that has the same subject matter. However, if, when the later application is filed, the subject matter of the earlier application falls under any of the following circumstances, it may not be the basis for claiming the right of domestic priority:
(1) where the right of foreign or domestic priority has been claimed;
(2) where a patent right has been granted;
(3) where it is a divisional application filed in accordance with the relevant provisions.
Where the applicant claims the right of domestic priority, his or its earlier application shall be deemed to have been withdrawn as of the date on which the later application is filed, except where the applicant for a patent for design claims that the right of domestic priority shall be based on an application for a patent for invention or utility model.
Rule 36
Where any applicant has exceeded the time limit provided in Article 29 of the Patent Law and has filed with the Patent Administration Department under the State Council an application for a patent for invention or utility model for the same subject matter, he or it may, if he or it has justified reasons, request restoration of the right of priority within two months from the date of expiration of that time limit.
Rule 37
Where an applicant for a patent for invention or utility model claims the right of priority, he may, within 16 months from the priority date or within 4 months from the application date, request that the claim for the right of priority be added to or corrected in the request.
Rule 38
Where an application for a patent is filed or the right of foreign priority is claimed by any applicant having no habitual residence or business office in China, the administrative department for patent under the State Council may, when considering it necessary, require the applicant to submit the following documents:
(1) if the applicant is an individual, proof of his nationality;
(2) a certificate issued by the country or region in which the applicant is registered, if the applicant is an enterprise or other organization;
(3) a certified document showing that the country, to which the applicant belongs, recognizes that Chinese entities and individuals are, under the same conditions applied to its nationals, entitled to patent right, right of priority and other related rights in that country.
Rule 39
Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provision of Article 3l, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" means that each of the inventions or utility models considered as a whole is Technical features contributing to the state of the art.
Rule 40
Where several similar designs of the same product are filed as one application in accordance with the provisions of Article 3l, paragraph two of the Patent Law, the remaining designs of the product shall be similar to the basic design specified in the brief description. The number of similar designs in a design patent application shall not exceed 10.
"Two or more designs of products which belong to the same class and are sold or used in sets" mentioned in Paragraph 2 of Article 31 of the Patent Law means that all the products belong to the same class in the classification table and are customarily sold or used at the same time, and the designs of all the products have the same design concept.
Where two or more designs are filed as one application, the sequential numbers of the designs shall be indicated before the titles of the drawings or photographs of each design product.
Rule 41
When withdrawing an application for a patent, the applicant shall submit to the Patent Administration Department under the State Council a declaration stating the title of the invention-creation, the number and date of the application.
Where a declaration to withdraw an application for a patent is submitted after the administrative department for patent under the State Council has completed the preparations for publishing the application documents, the application documents shall be published as scheduled; however, the declaration to withdraw the application for patent shall be announced in the Patent Gazette published later.
Chapter III Examination and Approval of Patent Application
Rule 42
Any person who is to examine or hear a case in the procedures of preliminary examination, substantial examination, re-examination, or invalidation shall, at his own discretion or upon the request of the parties concerned or any other interested party, avoid being present in any of the following circumstances:
(1) he is a close relative of the party concerned or his agent;
(2) where he has an interest in the application for patent or the patent right;
(Three) there are other relations with the parties or their agents, which may affect the impartial examination and trial;
(4) having participated in the examination of the original application in the reexamination or invalidation procedure.
Rule 43
Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description (drawings must be included in an application for utility model) and one or more patent claims, or an application for a patent for design consisting of a request, one or more drawings or photographs and a brief explanation of the design, the patent administration department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant.
Rule 44
In any of the following circumstances, the administrative department for patent under the State Council shall not accept the application and notify the applicant:
(1) where the application for a patent for invention or utility model does not contain a request, a description (utility model does not contain drawings) or a claim, or the application for a patent for design does not contain a request, drawings or photographs, or a brief explanation;
(2) where the Chinese language is not used;
(3) The format of the application documents is not in conformity with the provisions;
(4) The name of the applicant or the address of the applicant is missing in the request;
Where it is obviously not in conformity with the provisions of Article 17 or Paragraph 1 of Article 18 of the Patent Law;
(6) where the category (for invention, utility model or design) of the application for a patent is not clear or is difficult to discern.
Rule 45
Where in an application for a patent for invention or utility model, a claim or a description or part thereof is missing or wrongly submitted, but the applicant claims the right of priority on the date of submission, he may, within 2 months from the date of submission or within the time limit specified by the administrative department for patent under the State Council, submit the application by citing the earlier application documents. If the supplementary documents are in conformity with the relevant provisions, the date of submission of the first document shall be the date of application.
Rule 46
Where the specification contains explanatory notes to the drawings but the drawings or part of the drawings are missing, the applicant shall, within the time limit specified by the administrative department for patent under the State Council, submit the drawings or make a declaration for the deletion of the explanatory notes to the drawings. Where the appended drawings are submitted by the applicant, the date of filing or mailing of the appended drawings to the administrative department for patent under the State Council shall be the date of filing. If the description of the appended drawings is deleted, the original date of filing shall be retained.
Rule 47
Where two or more applicants apply for a patent for the identical invention-creation on the same day (the application date or the priority date if there is a right of priority concerned), the applicants shall be determined through consultation among themselves after receiving the notification from the administrative department for patent under the State Council.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same date (the date of application), he\/it shall, at the time of application, state that he\/it has applied for another patent for the same invention-creation; if no statement is made, it shall be dealt with in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right shall be granted for the same invention-creation.
When the patent administration department under the State Council announces the grant of a patent right for utility model, it shall publish a statement that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
Where it is found after examination that there is no cause for rejection of the application for a patent for invention, the patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. Where the applicant has made a declaration of abandonment, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the declaration of abandonment of the patent right for utility model by the applicant together with the announcement of the grant of the patent right for invention. Where the applicant disagrees with the abandonment, the patent administration department under the State Council shall reject the application for a patent for invention. Where the applicant has not made any response at the expiry of the time limit, the application for a patent for invention shall be deemed to have been withdrawn.
The patent right for utility model shall terminate as of the date of the announcement of the grant of the patent right for invention.
Rule 48
Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit provided in Paragraph 1 of Article 60 of these Rules, submit to the administrative department for patent under the State Council a divisional application. However, where an application for a patent has been rejected, withdrawn or deemed to have been withdrawn, the divisional application may not be submitted.
Where the administrative department for patent under the State Council finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Article 39 or 40 of these Rules, it shall notify the applicant to amend the application within a specified time limit. Where the applicant has not made any response at the expiry of the time limit, the application shall be deemed to have been withdrawn.
A divisional application shall not change the category of the original application.
Rule 49
For a divisional application filed in accordance with the provisions of Article 48 of these Rules, the initial application date may be reserved; if the right of priority is enjoyed, the priority date may be reserved, provided that the divisional application does not go beyond the scope of the initial application.
The divisional application shall go through relevant formalities in accordance with the provisions of the Patent Law and these Rules.
The application number and the application date of the original application shall be indicated in the written request for the division of application.
Rule 50
"Preliminary examination" mentioned in Article 34 and Article 40 of the Patent Law means the examination of an application for a patent to see whether or not it contains the documents provided in Article 26 or Article 27 of the Patent Law and other necessary documents, and whether or not these documents are in conformity with the provided format, which also includes an examination of the following:
(1) whether or not any application for a patent for invention obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, or Paragraph 1 of Article 18, or Paragraph 1 of Article 19 of the Patent Law, or of Rule 11, Rule 19, or Paragraph 2 of Rule 29 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 2, Article 26, paragraph 5, Article 31, paragraph 1, Article 33 of the Patent Law or Articles 20 to 24 of these Rules;
(2) whether or not an application for a patent for utility model obviously falls under the provisions of Article 5 or 25 of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17, Paragraph 1 of Article 18, Paragraph 1 of Article 19 of the Patent Law or Articles 11, 19 to 22, 24 to 26 of these Rules, Whether it is obviously not in conformity with the provisions of Article 2, paragraph 3, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 31, paragraph 1, Article 33 of the Patent Law or Article 23, Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(3) whether or not any application for a patent for design obviously falls under the provisions of Article 5 or of Article 25, paragraph one, subparagraph (6) of the Patent Law, and whether or not it is not in conformity with the provisions of Article 17 or of Article 18, paragraph one of the Patent Law or of Rule 11, 19, 30, 31 of these Implementing Regulations; Whether it is obviously not in conformity with the provisions of Article 2, paragraph 4, Article 23, paragraph 1, Article 23, paragraph 2, Article 27, paragraph 2, Article 31, paragraph 2, Article 33 of the Patent Law or Article 49, paragraph 1 of these Rules, or whether it is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(4) Whether the application documents conform to the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.
The administrative department for patent under the State Council shall notify the applicant of its opinions from the examination and request the applicant to state his\/its opinions or make corrections within the specified time limit. Where the applicant fails to make any response at the expiry of the time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or its observations or corrections, the administrative department for patent under the State Council still finds that the application is not in conformity with the provisions in the preceding paragraph, the application shall be rejected.
Rule 51
In any of the following circumstances, any document relating to a patent application, other than the patent application documents, which is submitted to the administrative department for patent under the State Council, shall be deemed to have not been submitted:
(1) failing to use the prescribed format or filling in the form does not conform to the provisions;
(Two) failing to submit supporting materials in accordance with the regulations.
The administrative department for patent under the State Council shall notify the applicant of the examination opinion that it is deemed not to have been submitted.
Article 52. Where the applicant requests an earlier publication of his or its application for a patent for invention, a statement shall be made to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after its preliminary examination of the application, publish it immediately unless it is to be rejected.
Rule 53
Where the applicant indicates the product incorporating the design and the class to which the product belongs, the classification of products for designs published by the administrative department for patent under the State Council shall be used. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the administrative department for patent under the State Council may supplement or amend it.
Rule 54
Any person may, from the date of publishing an application for a patent for invention until the date of announcing the grant of the patent right, submit his opinions to the administrative department for patent under the State Council, with the reasons thereof, on the application which is not in conformity with the Patent Law.
Rule 55
Where the applicant for a patent for invention is unable to submit, for any justified reason, the documents concerning any search or the results of any examination provided for in Article 36 of the Patent Law, he or it shall make a statement to the Patent Administration Department under the State Council and submit them when he or it obtains the relevant documents.
Rule 56
The administrative department for patent under the State Council shall, when proceeding on its own initiative to examine an application for a patent in accordance with Paragraph 2 of Article 35 of the Patent Law, notify the applicant accordingly.
The applicant may file a request for postponing the examination of the patent application.
Rule 57
When a request for examination as to substance is made, or within the time limit of three months after the receipt of the notification of the Patent Administration Department under the State Council that the application for a patent for invention has entered into examination as to substance, the applicant for a patent for invention may amend the application for a patent for invention on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application for a patent for utility model or design on its or his own initiative.
Where the applicant amends the patent application documents after receiving the notification of examination opinions issued by the administrative department for patent under the State Council, he shall amend the defects pointed out in the notification.
The administrative department for patent under the State Council may amend the obvious diction and symbol errors in the patent application documents at its own discretion. Where the administrative department for patent under the State Council amends on its own initiative, it shall notify the applicant.
Rule 58
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 the provided format 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.
Rule 59
In accordance with the provisions of Article 38 of the Patent Law, the circumstances in which an application for a patent for invention shall be rejected after examination as to substance are as follows:
(1) where the application falls under the provisions of Articles 5 and 25 of the Patent Law, or where the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(2) where the application does not comply with the provisions of Article 2, paragraph 2, Article 19, paragraph 1, Article 22, Article 26, paragraph 3, Article 26, paragraph 4, Article 26, paragraph 5, Article 31, paragraph 1 of the Patent Law or Article 11, Paragraph 2 of Article 23 of these Rules;
(3) where the amendment to the application is not in conformity with the provisions of Article 33 of the Patent Law, or the divisional application is not in conformity with the provisions of Rule 49, paragraph one of these Implementing Regulations.
Rule 60
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 2 months from the date of receipt of the notification. If the applicant has fulfilled the formalities of registration within the said time limit, the administrative department for patent under the State Council shall grant the patent right, issue the patent certificate, and announce it.
If no registration formalities have been carried out at the expiration of the time limit, the right to obtain the patent right shall be deemed to have been abandoned.
Rule 61
Where it is found after examination that there is no cause for rejection of the application for a confidential patent, the administrative department for patent under the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate, and register the relevant matters of the confidential patent right.
Rule 62
After the announcement of the decision to grant the patent right for utility model or design, the patentee, interested party or the accused infringer provided for in Article 66 of the Patent Law may request the patent administration department under the State Council to make a patent evaluation report. The applicant may request the administrative department for patent under the State Council to make a patent evaluation report when going through the formalities for patent registration.
Where a request for a patent evaluation report is made, a request for a patent evaluation report shall be submitted, stating the patent application number or patent number. Each request shall be limited to one patent application or patent right.
Where the request for a patent evaluation report is not in conformity with the provisions, the administrative department for patent under the State Council shall notify the person making the request to rectify it within a specified time limit. Where the person making the request fails to rectify it within the specified time limit, the request shall be deemed not to have been made.
Rule 63
The administrative department for patent under the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. However, where the applicant requests a patent evaluation report when going through the patent registration formalities, the administrative department for patent under the State Council shall make a patent evaluation report within 2 months from the date of announcing the grant of the patent right.
Where more than one petitioner requests a patent evaluation report for the same patent right for utility model or design, the patent administration department under the State Council shall make only one patent evaluation report. Any entity or individual may consult or copy the patent evaluation report.
Rule 64
The administrative department for patent under the State Council shall, upon discovery of any error in the patent announcement or in the single patent version, correct it in time, and announce such correction.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right
Rule 65
Where the request for reexamination is submitted to the Patent Administration Department under the State Council in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be filed, the reasons for which shall be stated, and, when necessary, relevant supporting documents shall be attached.
Where the request for reexamination is not in conformity with the provisions of Article l8, paragraph one, or Article 41, paragraph one, of the Patent Law, the administrative department for patent under the State Council shall not accept it, and shall notify the person making the request for reexamination in writing, together with an explanation of the reasons.
Where the request for reexamination is not in conformity with the provided form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If it is not rectified at the expiry of the time limit, the request for reexamination shall be deemed not to have been made.
Rule 66
The person making the request may, when requesting reexamination or making responses to the notification of reexamination made by the administrative department for patent under the State Council, amend the patent application documents; however, the amendments shall be limited to removing the defects pointed out in the decision of rejection or the notification of reexamination.
Rule 67
Where, after reexamination, the Patent Administration Department under the State Council finds that the request for reexamination is not in conformity with relevant provisions in the Patent Law and these Implementing Regulations, or that the application is in other circumstances which obviously violate relevant provisions in the Patent Law and these Implementing Regulations, it shall invite the person requesting reexamination to submit his observations within a specified time limit. Where no response has been made at the expiry of the time limit, the request for reexamination shall be deemed to have been withdrawn; where, after the making of the observations and amendments, the administrative department for patent under the State Council still finds that the request for reexamination is not in conformity with the provisions of the Patent Law and these Rules, it shall make a decision of reexamination to reject the request for reexamination.
Where the administrative department for patent under the State Council considers after reexamination that the original decision on rejection is not in conformity with relevant provisions in the Patent Law and these Rules, or considers that the defects pointed out in the original decision on rejection and the notification of reexamination have been removed from the amended patent application documents, it shall revoke the original decision on rejection and continue the examination procedures.
Rule 68
At any time before the Patent Administration Department under the State Council makes a decision on the request for reexamination, the person making the request may withdraw his request for reexamination.
Where the person making the request withdraws his request for reexamination before the administrative department for patent under the State Council makes a decision on it, the reexamination procedures shall be terminated.
Rule 69
Anyone requesting invalidation or partial invalidation of a patent right in accordance with Article 45 of the Patent Law shall submit a written request and necessary supporting documents in two copies to the administrative department for patent under the State Council. The request for invalidation shall specify the reasons for the request for invalidation in combination with all the evidence submitted, and indicate the evidence on which each reason is based.
The reasons for the request for invalidation referred to in the preceding paragraph means that the invention-creation for which the patent right is granted does not comply with Article 2, Paragraph 1 of Article 19, Article 22, Article 23, Paragraph 3 of Article 26, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Article 33 of the Patent Law or Article 11, Paragraph 2 of Article 23, Paragraph 1 of Article 49 of these Rules. Or falls under the circumstances provided for in Articles 5 and 25 of the Patent Law, or the applicant is not entitled to a patent right in accordance with Article 9 of the Patent Law.
Rule 70
Where a request for invalidation of a patent right is not in conformity with the provisions of Article 18, paragraph one of the Patent Law or Article 69 of these Rules, the administrative department for patent under the State Council shall not accept it.
Where, after the Patent Administration Department under the State Council has made a decision on the request for invalidation, a request for invalidation is made on the same grounds and evidence, the Patent Administration Department under the State Council shall not accept it.
Where a request for invalidation of a patent right for design is made on the ground that it is not in conformity with the provisions of Article 23.3 of the Patent Law, but no evidence is submitted to prove the conflict of rights, the administrative department for patent under the State Council shall not accept it.
Where the request for invalidation of the patent right is not in conformity with the prescribed form, the person making the request shall rectify it within the time limit specified by the administrative department for patent under the State Council. If the rectification is not made at the expiry of the time limit, the request for invalidation shall be deemed not to have been made.
Rule 71
After the administrative department for patent under the State Council has accepted the request for invalidation, the person making the request may add reasons or supplement evidence within 1 month from the date when the request for invalidation is filed. The administrative department for patent under the State Council may not consider any additional reasons or supplementary evidence after the expiration of the time limit.
Rule 72
The administrative department for patent under the State Council shall send the written request for the invalidation of the patent right and the copies of the relevant documents to the patentee, requiring it to state its opinions within a specified time limit.
The patentee and the person making the request for invalidation shall, within the specified time limit, make responses to the notification on transmitting the documents or the notification on examining the request for invalidation sent by the administrative department for patent under the State Council; where no response has been made at the expiry of the time limit, the examination by the administrative department for patent under the State Council shall not be affected.
Rule 73
In the course of the examination of the request for invalidation, the patentee of a patent for invention or utility model may amend its claims, but shall not expand the scope of protection of the original patent. Where the administrative department for patent under the State Council makes a decision to maintain the validity of the patent right or to declare a part of the patent right invalid on the basis of the amended claims, it shall announce the amended claims.
The patentee of a patent for invention or utility model shall not amend the specification or the appended drawings of a patent, and the patentee of a patent for design shall not amend the drawings, photographs or brief explanation.
Rule 74
The Patent Administration Department under the State Council may, upon the request of the party concerned or in accordance with the needs of the case, decide to conduct an oral procedure in respect of the request for invalidation.
Where the administrative department for patent under the State Council decides to hear the request for invalidation orally, it shall send a notification on the oral hearing to the party concerned, informing the date and place for holding the oral hearing. The parties shall make a reply within the time limit specified in the notice.
Where the person making the request for invalidation has not made any response within the time limit specified in the notification on oral hearing sent by the patent administration department under the State Council, and does not participate in the oral hearing, the request for invalidation shall be deemed to have been withdrawn; where the patentee does not participate in the oral hearing, the case may be heard by default.
Rule 75
In the course of the examination of a request for invalidation, the time limit specified by the Patent Administration Department under the State Council shall not be extended.
Rule 76
The person making the request for invalidation may withdraw his request before the Patent Administration Department under the State Council makes a decision on it.
Where the person making the request for invalidation withdraws his request or the request for invalidation is deemed to be withdrawn before the administrative department for patent under the State Council makes a decision, the examination procedures for the request for invalidation shall be terminated. However, where the administrative department for patent under the State Council considers that it can make a decision declaring the patent right invalid or partially invalid on the basis of the examination work already carried out, it shall not terminate the examination procedure.
Chapter V Compensation for the Duration of Patent Right
Rule 77
Where a request for compensation for the duration of a patent right is made in accordance with Paragraph 2 of Article 42 of the Patent Law, the patentee shall, within three months from the date of the announcement of the grant of the patent right, submit it to the administrative department for patent under the State Council.
Rule 78
Where compensation for the duration of the patent right is granted in accordance with the provisions of Article 42, paragraph 2, of the Patent Law, the duration of compensation shall be calculated on the basis of the actual number of days of unreasonable delay in the process of authorization of the patent for invention.
The term "the actual number of days of unreasonable delay in the process of granting a patent for invention" as mentioned in the preceding paragraph refers to the number of days between the expiration of four years from the date of application for a patent for invention and the expiration of three years from the date of request for substantive examination and the date of announcement of the grant of the patent right, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.
The following are reasonable delays:
(1) where a patent right is granted after the patent application documents have been amended in accordance with the provisions of Article 66 of these Rules, the delay caused by the reexamination procedure;
(2) Delays caused by the circumstances specified in Articles 103 and 104 of these Rules;
(3) Delays caused by other reasonable circumstances.
Where the same applicant applies for both a patent for utility model and a patent for invention for the same invention-creation on the same day, and obtains a patent right for invention in accordance with the provisions of Article 47, paragraph four of these Rules, the duration of the patent right for the invention shall not be governed by the provisions of Article 42, paragraph two of the Patent Law.
Rule 79
The unreasonable delay caused by the applicant as prescribed in Paragraph 2 of Article 42 of the Patent Law includes the following circumstances:
(1) failure to respond to the notification sent by the administrative department for patent under the State Council within the specified time limit;
(2) Application for postponement of examination;
(3) Delays caused by the circumstances specified in Article 45 of these Rules;
(4) Other unreasonable delays caused by the applicant.
Rule 80
The term "patents for inventions related to new drugs" as mentioned in Paragraph 3 of Article 42 of the Patent Law refers to patents for new drug products, patents for preparation methods and patents for medical uses that meet the requirements.
Rule 81
a request for compensation for the duration of the patent right for inventions related to new drugs in accordance with the provisions of Article 42, paragraph 3, of the Patent Law shall be submitted to the patent administration department under the State Council within three months from the date of obtaining the marketing license for the new drug in China in accordance with the following requirements:
(1) If the new drug has more than one patent at the same time, the patentee can only request compensation for the duration of the patent for one of the patents;
(2) If a patent involves more than one new drug at the same time, only one new drug can make a claim for compensation for the duration of the patent;
(3) The patent is within the period of validity and has not been compensated for the duration of the patent right for inventions related to new drugs.
Rule 82
Where compensation for the term of a patent right is granted in accordance with the provisions of Article 42.3 of the Patent Law, the term of compensation shall be determined on the basis of compliance with the provisions of Article 42.3 of the Patent Law by subtracting five years from the number of days between the date of application for the patent and the date of obtaining the marketing license for the new drug in China.
Rule 83
During the term of patent right compensation, the scope of protection of a patent for an invention related to a new drug shall be limited to the new drug and its approved technical scheme related to the indication; within the scope of protection, the patentee shall enjoy the same rights and bear the same obligations as before the term of patent right compensation.
Rule 84
Where the administrative department for patent under the State Council, after examining the request for compensation of the duration of a patent right made in accordance with Paragraph 2 or 3 of Article 42 of the Patent Law, considers that the conditions for compensation are met, it shall make a decision to grant a time limit for compensation, and shall register and announce it; where the conditions for compensation are not met, it shall make a decision not to grant a time limit for compensation, and notify the patentee who made the request.
Chapter VI Special License for Patent Exploitation
Article 85. Where a patentee voluntarily declares to open for licensing its or his patent, the declaration shall be made after the grant of the patent right is announced.
The open license statement shall specify the following items:
(1) Patent number;
(2) The name of the patentee;
(Three) payment methods and standards for patent licensing fees;
(4) The term of the patent license;
(Five) other matters that need to be clarified.
The content of the open license statement shall be accurate and clear, and no commercial advertising terms shall appear.
Rule 86
In any of the following circumstances, the patentee shall not grant an open license to a patent right:
(1) The patent right is within the period of validity of the exclusive or exclusive license;
(2) it falls under the circumstances of suspension as provided for in Articles 103 and 104 of these Rules;
(Three) failing to pay the annual fee in accordance with the regulations;
(4) The patent right is pledged without the consent of the pledgee;
(Five) other circumstances that hinder the effective implementation of the patent right.
Rule 87
Where a license for exploitation of a patent is granted through an open license, the patentee or the licensee shall file with the administrative department for patent under the State Council for the record on the basis of a written document that can prove that the license has been granted.
Rule 88
a patentee shall not, by providing false materials or concealing facts, make an open license declaration or obtain a reduction or exemption of the annual patent fee during the implementation of the open license.
Rule 89
The "insufficient exploitation of the patent" referred to in Article 53, subparagraph (1) of the Patent Law means that the patentee and his licensee are unable to exploit the patent in such a manner or on such a scale as to satisfy the domestic demand for the patented product or process.
"Patented medicine" mentioned in Article 55 of the Patent Law refers to any patented product in the field of medicine needed to solve public health problems or a product directly obtained by a patented process, including the active ingredients required for the manufacture of the patented product and the diagnostic supplies required for the use of the product.
Rule 90
Anyone requesting a compulsory license shall submit a request for compulsory license to the administrative department for patent under the State Council, state the reasons therefor, and attach relevant supporting documents.
The patent administration department under the State Council shall send a copy of the request for compulsory license to the patentee. The patentee shall make his or its observations within the time limit specified by the patent administration department under the State Council. Where no response is made within the time limit, the patent administration department under the State Council shall not be affected in making a decision.
Before making a decision to reject the request for a compulsory license or to grant a compulsory license, the patent administration department under the State Council shall notify the person who made the request and the patentee of the decision they intend to make and the reasons for it.
When the patent administration department under the State Council makes a decision to grant a compulsory license in accordance with the provisions of Article 55 of the Patent Law, it shall also comply with the provisions of the relevant international treaties concluded or acceded to by China on granting a compulsory license for the purpose of solving public health problems, except where China has made reservations.
Rule 91
Where, in accordance with the provisions of Article 62 of the Patent Law, the administrative department for patent under the State Council is requested to adjudicate the amount of the exploitation fee, the party concerned shall submit a request for adjudication and attach the documents proving that the two parties have not been able to reach an agreement. The administrative department for patent under the State Council shall, within 3 months from the date of receipt of the request, make a ruling and notify the party concerned.
Chapter VII Reward and Remuneration to Inventor or Creator of Service Invention-creation
Rule 92
The entity to which a patent right is granted may agree with the inventor or creator or specify the manner and amount of the reward or remuneration provided for in Article 15 of the Patent Law in the rules and regulations formulated by it according to law. Units granted patent rights are encouraged to implement property rights incentives by means of equity, options and dividends, so that inventors or designers can reasonably share the benefits of innovation.
The reward and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the relevant financial and accounting systems of the State.
Where the entity to which a patent right has been granted has not made an agreement with the inventor or designer, nor has it stipulated in the rules and regulations it has formulated according to law the form and amount of award provided for in Article 15 of the Patent Law, it shall, within three months from the date of the announcement of the grant of the patent right, award the inventor or designer a prize of money. The sum of money prize for a patent for invention shall be no less than 4000 yuan; the sum of money prize for a patent for utility model or design shall be no less than 1500 yuan.
For an invention-creation made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity that has been granted a patent right shall award a money prize on a preferential basis.
Rule 94
Where the entity to which a patent right is granted has not made an agreement with the inventor or designer, nor has it stipulated in its rules and regulations formulated according to law the manner and amount of remuneration provided for in Article 15 of the Patent Law, it shall pay the inventor or designer reasonable remuneration in accordance with the provisions of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements.
Chapter VIII Protection of Patent Right
Rule 95
The administrative authority for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government, or the administrative authority for patent affairs of the people's government of a prefecture-level city, autonomous prefecture, league, region or municipality directly under the Central Government with a large amount of patent administration work and actual ability to handle it, may handle and mediate patent disputes.
Rule 96
Any of the following circumstances belongs to a patent infringement dispute that has a significant impact on the whole country as mentioned in Article 70 of the Patent Law:
(1) involving major public interests;
(Two) having a significant impact on the development of the industry;
(Three) major cases across provinces, autonomous regions and municipalities directly under the Central Government;
(4) other circumstances which, in the opinion of the administrative department for patent under the State Council, may have significant impact.
Where a patentee or interested party requests the patent administration department under the State Council to handle a patent infringement dispute, and the relevant case does not belong to a patent infringement dispute that has a significant impact on the whole country, the patent administration department under the State Council may designate the administrative department for patent work of the local people's government that has jurisdiction to handle it.
Rule 97
Where a party concerned requests the handling of a patent infringement dispute or the mediation of a patent dispute, it shall be under the jurisdiction of the department for the administration of patent work in the place where the respondent is located or where the infringement occurs.
Where two or more departments for the administration of patent work have jurisdiction over a patent dispute, the party concerned may make a request to one of the departments for the administration of patent work; where the party concerned makes a request to two or more departments for the administration of patent work with jurisdiction, the department for the administration of patent work that first accepts the request shall have jurisdiction.
Where a jurisdictional dispute arises between the departments for the administration of patent work, jurisdiction shall be designated by the department for the administration of patent work of the people's government at a higher level over both parties; where there is no such department for the administration of patent work of the people's government at a higher level over both parties, jurisdiction shall be designated by the administrative department for patent under the State Council.
Rule 98
Where, in the course of handling a patent infringement dispute, the respondent has filed a request for invalidation and has been accepted by the administrative department for patent under the State Council, he may request the department for the administration of patent work to suspend the handling.
Where the department for the administration of patent work considers that the reasons for suspension given by the respondent are obviously untenable, it may refuse to suspend the disposal.
Rule 99
Where any patentee affixes a patent mark on the patented product or on the package of that product in accordance with Article 16 of the Patent Law, he or it shall make the affixation in the manner as prescribed by the administrative department for patent under the State Council.
If the patent mark does not conform to the provisions of the preceding paragraph, the department responsible for patent law enforcement at or above the county level shall order it to make corrections.
Rule 100
Where any applicant or patentee violates the provisions of Article 11 or Article 88 of these Rules, he shall be given a warning and may be fined not more than 100,000 yuan by the department responsible for patent law enforcement at or above the county level.
Rule 101
The following acts shall be acts of passing off a patent as provided for in Article 68 of the Patent Law:
(1) Marking a patent mark on a product or its package that has not been granted a patent right, continuing to mark a patent mark on the product or its package after the patent right has been declared invalid or terminated, or marking the patent number of another person on the product or its package without permission;
(2) selling the products mentioned in Item (1);
(3) In the product specifications and other materials, the technology or design that has not been granted a patent right is called a patented technology or a patented design, the patent application is called a patent, or the patent number of another person is used without permission, which makes the public mistake the technology or design involved for a patented technology or a patented design;
(4) forging or altering patent certificates, patent documents or patent application documents;
(5) Other acts that confuse the public and mistake technologies or designs that have not been granted patent rights as patented technologies or patented designs.
It is not an act of counterfeiting a patent to mark a patent mark on a patented product, a product directly obtained by a patented method or its packaging according to law before the termination of the patent right, and to promise to sell or sell the product after the termination of the patent right.
If a person sells a product that is not known to be a counterfeit patent and can prove the legitimate source of the product, the department responsible for patent law enforcement at or above the county level shall order him to stop selling it.
Rule 102
Except as provided in Article 65 of the Patent Law, the department for the administration of patent work may, at the request of the party concerned, mediate the following patent disputes:
(1) Disputes over the ownership of the right to apply for a patent and the patent right;
(Two) disputes over the qualifications of inventors and designers;
(3) disputes over the rewards and remuneration of inventors and designers of service invention-creations;
(4) a dispute over the use of an invention without payment of an appropriate fee after the publication of the application for a patent for invention but before the grant of the patent right;
(5) Other patent disputes.
For the disputes enumerated in Item (4) of the preceding paragraph, if the parties request the department for the administration of patent work for mediation, they shall do so after the grant of the patent right.
Rule 103
Where a party concerned, in case of a dispute due to the ownership of the right of patent application or the patent right, has requested the department for the administration of patent work to mediate or has initiated a lawsuit to the people's court, he may request the administrative department for patent under the State Council to suspend relevant procedures.
Anyone who requests suspension of relevant procedures in accordance with the preceding paragraph shall submit a written request to the administrative department for patent under the State Council, state the reasons, and affix copies of the relevant acceptance documents issued by the department for the administration of patent work or the people's court with the application number or patent number indicated. Where the administrative department for patent under the State Council considers that the reason for suspension given by the party concerned is obviously untenable, it may not suspend the relevant procedure.
After the conciliation statement made by the department for the administration of patent work or the judgment made by the people's court has entered into force, the party concerned shall go through the formalities for recovering the relevant procedures in the administrative department for patent under the State Council. Where a dispute relating to the ownership of the right of patent application or the patent right has not been settled within one year from the date of requesting suspension, and it is necessary to continue to suspend the relevant procedures, the petitioner shall request an extension of the suspension within the time limit. Where the request for extension is not made at the expiry of the time limit, the administrative department for patent under the State Council shall resume the relevant procedures at its own discretion.
Rule 104
Where the people's court has ordered to adopt preservative measures over the right to apply for a patent or the patent right in the trial of a civil case, the administrative department for patent under the State Council shall suspend relevant procedures for the preserved right to apply for a patent or the patent right on the day when it receives the written order indicating the application number or the patent number and the notification for assistance in execution. Where, at the expiration of the preservation period, the people's court has not ordered to continue the preservation measures, the administrative department for patent under the State Council shall recover the relevant procedures at its own discretion.
Rule 105
that suspension of relevant procedure by the administrative department for patent under the State Council in accordance with the provision of article 103 and 104 of these rules means the suspension of the procedures for preliminary examination, substantive examination and reexamination of an application for patent, the procedure for the grant of patent right and the procedures for the invalidation of patent right; The procedures for abandoning, altering or transferring the patent right or the patent application right, the procedures for the pledge of the patent right and the procedures for the termination of the patent right before the expiration of the term of the patent right shall be suspended.
Chapter IX Patent Registration and Patent Gazette
Rule 106
The administrative department for patent under the State Council shall keep a Patent Register in which the following matters relating to patent applications and patent rights shall be registered:
(1) grant of the patent right;
(2) The transfer of the right of patent application and the patent right;
(3) The pledge, preservation and cancellation of the patent right;
(4) Filing of patent licensing contracts;
(5) Declassification of national defense patents and confidential patents;
(6) invalidation of the patent right;
(7) termination of the patent right;
(8) Restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) Open license for patent exploitation;
(11) compulsory license for exploitation of the patent;
(12) any change in the name, nationality or address of the patentee.
Rule 107
The administrative department for patent under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following:
(1) the bibliographic data and the abstract of the specification of an application for a patent for invention;
(2) any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Administration Department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention;
(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication;
(4) The grant of patent rights and the bibliographic data of patent rights;
(5) The abstract of the specification of a patent for utility model, a drawing or photograph of a patent for design;
(6) Declassification of national defense patents and confidential patents;
(7) invalidation of the patent right;
(8) The termination or restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) transfer of the patent right;
(11) Filing of patent licensing contracts;
(12) The pledge, preservation and cancellation of the patent right;
(Thirteen) open licensing matters for patent implementation;
(14) grant of a compulsory license for exploitation of the patent;
(15) any change in the name, nationality or address of the patentee;
(16) Service of documents by public announcement;
(17) corrections made by the administrative department for patent under the State Council;
(18) Other relevant matters.
Rule 108
The administrative department for patent under the State Council shall provide the patent Gazette, the single edition of the patent application for invention and the single edition of the patent for invention, utility model and design for free reference by the public.
Rule 109
The administrative department for patent under the State Council shall be responsible for exchanging patent documents with the patent offices of other countries, regions or regional patent organizations in accordance with the principle of reciprocity.
Chapter X Expenses
Rule 110
When filing an application for a patent with the administrative department for patent under the State Council and fulfilling other formalities, the following fees shall be charged:
(1) Application fee, additional fee for application, publishing and printing fee and fee for claiming priority;
(2) fee for substantial examination of an application for a patent for invention and re-examination fee;
(3) Annual fee;
(Four) request fee for restoration of rights and request fee for extension of time limit;
(5) Fees for changes in bibliographic items, fees for requests for patent evaluation reports, fees for requests for invalidation and fees for certification of copies of patent documents.
The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the development and reform department and the financial department of the State Council in conjunction with the patent administration department of the State Council according to their respective responsibilities. The financial department and the development and reform department under the State Council may, in conjunction with the patent administration department under the State Council, adjust the types and standards of fees payable for patent application and other formalities according to the actual situation.
Rule 111
The fees provided for in the Patent Law and these Implementing Regulations shall be paid strictly in accordance with the provisions.
Where the fees are directly paid to the administrative department for patent under the State Council, the date when the payment was made shall be regarded as the payment date; where the fees are remitted by post, the date of mailing indicated by the postmark shall be regarded as the payment date; where the fees are remitted by bank, the date of actual remittance by the bank shall be regarded as the payment date.
Where any patent fee is overpaid, repaid or wrongly paid, the party concerned may, within three years from the date of payment, request the administrative department for patent under the State Council for a refund, and the administrative department for patent under the State Council shall refund the fee.
Rule 112
The applicant shall, within 2 months from the filing date or within 15 days from the date of receipt of the notification of acceptance of the application, pay the filing fee, the printing fee for publication of the application and the necessary additional fee for filing of application. Where the filing fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn.
An applicant who claims the right of priority shall pay the fee for claiming the right of priority together with the application fee; where the fee has not been paid or fully paid at the expiry of the time limit, the claim shall be deemed not to have been made.
Rule 113
Where the party concerned requests an examination or reexamination as to substance, the relevant fee shall be paid within the time limit prescribed respectively by the Patent Law and these Implementing Regulations; where the fee has not been paid or fully paid at the expiry of the time limit, the request shall be deemed not to have been made.
Rule 114
When the applicant goes through the formalities of registration, he shall pay the annual fee for the year in which the patent right is granted. If the fee is not paid or not paid in full at the expiration of the time limit, the applicant shall be deemed not to have gone through the formalities of registration.
Rule 115
The annual fee after the year in which the patent right is granted shall be paid before the expiration of the preceding year. Where the annual fee is not paid or not paid in full by the patentee, the administrative department for patent under the State Council shall notify the patentee to rectify the insufficiency within 6 months as of the expiry of the time limit within which the annual fee should be paid, and at the same time pay a surcharge, the amount of which shall be calculated by charging an additional 5% of the total amount of the annual fee for that year for each month exceeding the provided payment time; where the insufficiency has not been paid at the expiry of the time limit, the patent right shall be terminated as of the expiry of the time.
Rule 116
The fee for a claim for restoration of rights shall be paid within the relevant time limit prescribed in these Rules; if the fee is not paid or not paid in full at the expiration of the time limit, the claim shall be deemed not to have been filed.
The fee for requesting the extension of the time limit shall be paid before the expiration of the corresponding time limit; if the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, the fee for requesting an evaluation report on a patent right, and the fee for requesting invalidation shall be paid within one month from the date on which the request is filed. If the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been filed.
Rule 117
Where any applicant or patentee has difficulties in paying the various fees provided in these Implementing Regulations, he may, in accordance with the relevant provisions, submit a request for reduction to the Patent Administration Department under the State Council. The measures for the reduction shall be formulated by the financial department of the State Council in conjunction with the development and reform department of the State Council and the patent administration department of the State Council.
Chapter XI Special Provisions on International Applications for Inventions and Utility Models
Rule 118
The administrative department for patent under the State Council shall, in accordance with Article 19 of the Patent Law, accept the international patent applications filed in accordance with the Patent Cooperation Treaty.
Where any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the "international application") enters the phase of processing by the patent administration department under the State Council (hereinafter referred to as the "Chinese national phase"), the requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shall apply.
Rule 119
Any international application for which the international filing date has been determined in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed to have been filed with the patent administration department under the State Council, and the international filing date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.
Rule 120
Any applicant for an international application shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this Chapter), go through the formalities for entering the Chinese national phase at the administrative department for patent under the State Council; If the applicant fails to go through the formalities within the time limit, he may go through the formalities for entering the Chinese national phase within 32 months from the priority date after paying the grace fee.
Rule 121
The applicant who goes through the formalities for entering the Chinese national phase in accordance with the provisions of Article 120 of these Rules shall meet the following requirements:
(1) a written declaration for the entry of the national phase in China submitted in Chinese, indicating the international application number and the type of patent right requested to be obtained;
(2) to pay the application fee and the publishing and printing fee provided for in Paragraph 1 of Article 110 of these Rules, and, if necessary, to pay the grace fee provided for in Article 120 of these Rules;
(3) where the international application is filed in a foreign language, the Chinese translation of the description and the claims of the original international application shall be submitted;
(4) indicating the title of the invention-creation, the name and address of the applicant and the name of the inventor in the written declaration for the entry of the National Phase in China, which shall be consistent with the record in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not indicated in the international application, the name of the inventor shall be indicated in the above-mentioned declaration;
(5) Where the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted, and where there are drawings and drawings attached to the abstract, copies of the drawings shall be submitted and the drawings attached to the abstract shall be designated, and where there are words in the drawings, they shall be replaced by the corresponding Chinese words;
(6) where the formalities for the change of the applicant have been completed with the International Bureau in the international phase, the supporting materials for the right of application of the applicant after the change shall be provided when necessary;
(7) to pay, when necessary, the additional fee for application prescribed in Paragraph 1 of Article 110 of these Rules.
Where the application meets the requirements of Items (1) to (3) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall issue an application number, specify the date on which the international application has entered the National Phase in China (hereinafter referred to as the date of entry), and notify the applicant that his international application has entered the National Phase in China.
Where the international application has entered the Chinese national phase but does not meet the requirements in Items (4) to (7) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall notify the applicant to make rectification within the specified time limit; where the rectification is not made at the expiry of the time limit, the application shall be deemed to have been withdrawn.
Rule 122
The effectiveness of an international application in China shall be terminated under any of the following circumstances:
(1) where, in the International Phase, the international application is withdrawn or is deemed to be withdrawn, or the designation of China in the international application is withdrawn;
(2) where the applicant fails to go through the formalities for the entry of the Chinese national phase within 32 months from the priority date in accordance with Article 120 of these Rules;
(3) where the applicant has gone through the formalities for the entry of the Chinese national phase, but the requirements in subparagraphs (1) to (3) of Article 121 of these Rules have still not been met at the expiration of a period of 32 months from the priority date.
Where the effectiveness of an international application ceases in China according to the provisions of Item (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; where the effectiveness of an international application ceases in China according to the provisions of Items (2) and (3) of the preceding paragraph, the provisions of Paragraph 2 of Article 6 of these Rules shall not apply.
Rule 123
Where an international application has been amended in the International Phase and the applicant requests examination on the basis of the amended application documents, the Chinese translation of the amended part shall be submitted within 2 months from the date of entry. Where the Chinese translation is not submitted within the time limit, the administrative department for patent under the State Council shall not consider the amendments made by the applicant in the international phase.
Rule 124
Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (2) or (3) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the written statement concerning entry into the Chinese national phase, and furnish the relevant certificates prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of entry; Where no explanation is given or no certifying document is submitted within the time limit, the application shall not be governed by the provisions of Article 24 of the Patent Law.
Rule 125
Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 27, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of the biological material are contained in the description of the international application as initially filed, but there is no such indication in the declaration for the entry of the Chinese national phase, the applicant shall make a correction within four months from the date of entry. If the rectification has not been made at the expiration of the time limit, the biological material shall be deemed not to have been deposited.
Where the applicant submits the certificates of the deposit and the viability of the biological materials to the administrative department for patent under the State Council within four months from the date of entry, the deposit of biological materials shall be deemed to have been made within the time limit as provided for in Rule 27, subparagraph (1) of these Rules.
Rule 126
Where the invention-creation involved in an international application is completed in reliance on genetic resources, the applicant shall make a statement in the written declaration on the entry of the international application into the Chinese national phase, and fill in the form formulated by the administrative department for patent under the State Council.
Rule 127
Where the applicant claims one or more rights of priority in the International Phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted a written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay the fee for claiming the right of priority within two months from the date of entry; where the fee has not been paid or fully paid at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the administrative department for patent under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant fails to submit the copies of the earlier application documents in the International Phase, the administrative department for patent under the State Council may, when considering it necessary, notify the applicant to supplement them within a specified time limit; where the applicant fails to do so at the expiry of the time limit, his or its claim for priority shall be deemed not to have been made.
Rule 128
Where, within 2 months after the expiration of the period of priority, the filing date of the international application has been approved by the receiving Office in the international phase to restore the right of priority, the request for restoration of the right of priority shall be deemed to have been filed in accordance with the provisions of Article 36 of these Rules; Where, in the international phase, the applicant has not requested the restoration of the right of priority, or has made a request for the restoration of the right of priority but the receiving office has not approved it, and the applicant has justified reasons, he may, within 2 months from the date of entry, request the administrative department for patent under the State Council to restore the right of priority.
Rule 129
Where, before the expiration of 30 months from "the priority date", the applicant files a request with the Patent Administration Department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23.2 of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the administrative department for patent under the State Council, the applicant shall submit a confirmed copy of the international application.
Rule 130
For an international application for a patent for utility model, the applicant may, within 2 months from the date of entry, propose to amend the patent application documents on his own initiative.
The international application for the patent right for invention shall be subject to Paragraph 1 of Article 57 of these Rules.
Rule 131
Where the applicant finds that there are errors in the Chinese translation of the description, the claims or the text of the appended drawings as filed, he\/it may file a request for correction in accordance with the original international application within the following time limits:
(1) before the administrative department for patent under the State Council has completed the preparations for publishing the patent application for invention or announcing the patent right for utility model;
(2) within 3 months as of the receipt of the notification sent by the administrative department for patent under the State Council on the entry of the application for a patent for invention into the stage of substantial examination.
Where the applicant intends to correct the errors in the translation, he shall submit a written request and pay the prescribed fee for the correction of the translation.
Where the applicant corrects the translation in accordance with the notification of the administrative department for patent under the State Council, he\/it shall, within the specified time limit, fulfill the formalities provided in the second paragraph of this Article. Where the applicant fails to fulfill the prescribed formalities at the expiry of the time limit, the application shall be deemed to have been withdrawn.
Rule 132
For an international application claiming the patent right for invention, the administrative department for patent under the State Council shall, if considering it to be in conformity with relevant provisions in the Patent Law and these Rules after the preliminary examination, publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.
Where the international publication of an international application claiming for the patent right for invention is made by the International Bureau in Chinese, it shall be subject to Article 13 of the Patent Law from the date of international publication or from the date of publication by the administrative department for patent under the State Council; where the international publication is made by the International Bureau in a language other than Chinese, it shall be subject to Article 13 of the Patent Law from the date of publication by the administrative department for patent under the State Council.
For an international application, "publication" mentioned in Articles 21 and 22 of the Patent Law means the publication provided in Paragraph 1 of this Article.
Rule 133
Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, file a division of application in accordance with the provisions of Rule 48, paragraph one of these Implementing Regulations.
If, in the International Phase, the International Searching Authority or the International Preliminary Examination Authority considers that the international application is not in conformity with the requirement of singularity provided in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee as provided, thus causing some parts of the international application to be the subject of international searching or international preliminary examination, the applicant requests that the said parts be the basis of examination at the time of entry into the National Phase in China. Where the administrative department for patent under the State Council considers that the decision on unity of invention made by the international retrieval entity or the international preliminary examination entity is justified, it shall notify the applicant to pay the fee for restoration of unity within a specified time limit. Where the said fee has not been paid or fully paid at the expiry of the time limit, the parts of the international application which have not undergone search or international preliminary examination shall be deemed to have been withdrawn.
Rule 134
Where, in the International Phase, an international application is refused by a relevant international entity to grant an international application date on it or is declared to be deemed to have been withdrawn, the applicant may, within 2 months from the date on which he or it receives the notice, request the International Bureau to transfer the copy of any document in the file of the international application to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after receiving the documents transmitted by the International Bureau, re-examine whether the decision made by the international entity is correct.
Rule 135
With respect to the patent right granted upon the international application, if the scope of protection determined in accordance with Article 64 of the Patent Law has exceeded the scope expressed in the original text of the international application due to errors in the translation, the protection scope which is limited on the basis of the original text shall prevail; if the protection scope is narrower than the scope expressed in the original text of the international application due to such errors in the translation, the protection scope at the time of grant shall prevail.
Chapter XII Special Provisions on International Applications for Designs
Rule 136
The administrative department for patent under the State Council shall, in accordance with the provisions of Article 19 (2) and (3) of the Patent Law, handle the application for international registration of industrial designs filed in accordance with the Hague Agreement for the International Registration of Industrial Designs (1999 Text) (hereinafter referred to as the Hague Agreement).
The requirements and procedures of the administrative department for patent under the State Council for handling the international registration of designs filed in accordance with the Hague Agreement and designating China (hereinafter referred to as the international application for design) shall be governed by the provisions of this Chapter. Where there are no provisions in this Chapter, the relevant provisions in the Patent Law and other chapters of these Rules shall apply.
Rule 137
Any international application for a design for which an international registration date has been fixed in accordance with the Hague Agreement and which has designated China shall be deemed to be an application for a patent for design filed with the patent administration department under the State Council. The international registration date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.
Rule 138
After the publication of an international application for design by the International Bureau, the administrative department for patent under the State Council shall examine the international application for design and notify the International Bureau of the result of the examination.
Rule 139
Where the international application for a design published by the International Bureau contains one or more claims of priority, the written declaration shall be deemed to have been made in accordance with the provisions of Article 30 of the Patent Law.
Where the applicant of an international application for design claims the right of priority, he or she shall submit a copy of the earlier application documents within three months from the date of publication of the international application for design.
Rule 140
Where the design to which the international application relates falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the international application for design, make a declaration and furnish the relevant certified documents prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of publication of the international application for design.
Rule 141
Where an international application for a design contains two or more designs, the applicant may, within two months from the date of publication of the international application for design, file with the Patent Administration Department under the State Council a divisional application and pay the fee.
Rule 142
Where the international application for a design published by the International Bureau contains a specification containing key points of the design, the specification shall be deemed to have been filed in accordance with the provisions of Rule 31.
Rule 143
Where it is found after examination of the international application for design by the administrative department for patent under the State Council that there is no cause for rejection, the administrative department for patent under the State Council shall make the decision to grant protection and notify the International Bureau of the same.
The decision to grant protection made by the patent administration department under the State Council shall be announced, and the patent right for design shall take effect as of the date of the announcement.
Rule 144
Where the formalities for the change of rights have been completed in the International Bureau, the applicant shall submit the relevant certification materials to the administrative department for patent under the State Council.
Chapter XIII Supplementary Provisions
Rule 145
Any person may, upon approval by the administrative department for patent under the State Council, inspect or copy the files of the published or announced patent applications and the Patent Register, and may request the administrative department for patent under the State Council to issue a copy of the Patent Register.
The files of patent applications which are deemed to have been withdrawn or which have been rejected or which have been voluntarily withdrawn shall not be preserved after the 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.
Rule 146
The application documents submitted to the administrative department for patent under the State Council and the formalities fulfilled shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives; where a patent agency is appointed, it shall be sealed by the patent agency.
Where a change of the name of the inventor, the name, nationality and address of the applicant or the patentee, or the name and address of the patent agency and the name of the patent agent is requested, a request for a change in the bibliographic data shall be made to the administrative department for patent under the State Council, and when necessary, supporting materials for the change shall be submitted.
Rule 147
The documents relating to a patent application or patent right which are mailed to the administrative department for patent under the State Council shall be mailed by registered letter and shall not be mailed by parcel.
Except for any patent application document submitted 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 application number or the patent number, the title of the invention-creation and the name of the applicant or the patentee shall be indicated.
A letter shall contain only the documents of the same application.
Rule 148
The administrative department for patent under the State Council shall formulate the guidelines for patent examination in accordance with the Patent Law and these Rules.
Rule 149
These Rules shall enter into force as of July 1, 2001. The Rules for the Implementation 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 simultaneously.

第九十四条　被授予专利权的单位未与发明人、设计人约定也未在其依法制定的规章制度中规定专利法第十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十五条
被授予专利权的单位应当对职务发明创造的发明人或者设计人给予奖励；发明创造专利实施后，根据其推广应用的范围和取得的经济效益，对发明人或者设计人给予合理的报酬。
国家鼓励被授予专利权的单位实行产权激励，采取股权、期权、分红等方式，使发明人或者设计人合理分享创新收益。
规定的报酬的方式和数额的，应当依照《中华人民共和国促进科技成果转化法》的规定，给予发明人或者设计人合理的报酬。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 94
Where the entity to which a patent right is granted has not made an agreement with the inventor or designer, nor has it stipulated in its rules and regulations formulated according to law the manner and amount of remuneration provided for in Article 15 of the Patent Law, it shall pay the inventor or designer reasonable remuneration in accordance with the provisions of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements.
Chapter VIII Protection of Patent Right

第九十五条　省、自治区、直辖市人民政府管理专利工作的部门以及专利管理工作量大又有实际处理能力的地级市、自治州、盟、地区和直辖市的区人民政府管理专利工作的部门，可以处理和调解专利纠纷。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 95
The administrative authority for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government, or the administrative authority for patent affairs of the people's government of a prefecture-level city, autonomous prefecture, league, region or municipality directly under the Central Government with a large amount of patent administration work and actual ability to handle it, may handle and mediate patent disputes.

第九十六条　有下列情形之一的，属于专利法第七十条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第七十条
国务院专利行政部门可以应专利权人或者利害关系人的请求处理在全国有重大影响的专利侵权纠纷。
地方人民政府管理专利工作的部门应专利权人或者利害关系人请求处理专利侵权纠纷，对在本行政区域内侵犯其同一专利权的案件可以合并处理；对跨区域侵犯其同一专利权的案件可以请求上级地方人民政府管理专利工作的部门处理。
所称的在全国有重大影响的专利侵权纠纷：

（一）涉及重大公共利益的；

（二）对行业发展有重大影响的；

（三）跨省、自治区、直辖市区域的重大案件；

（四）国务院专利行政部门认为可能有重大影响的其他情形。

专利权人或者利害关系人请求国务院专利行政部门处理专利侵权纠纷，相关案件不属于在全国有重大影响的专利侵权纠纷的，国务院专利行政部门可以指定有管辖权的地方人民政府管理专利工作的部门处理。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 96
Any of the following circumstances belongs to a patent infringement dispute that has a significant impact on the whole country as mentioned in Article 70 of the Patent Law:
(1) involving major public interests;
(Two) having a significant impact on the development of the industry;
(Three) major cases across provinces, autonomous regions and municipalities directly under the Central Government;
(4) other circumstances which, in the opinion of the administrative department for patent under the State Council, may have significant impact.
Where a patentee or interested party requests the patent administration department under the State Council to handle a patent infringement dispute, and the relevant case does not belong to a patent infringement dispute that has a significant impact on the whole country, the patent administration department under the State Council may designate the administrative department for patent work of the local people's government that has jurisdiction to handle it.

第九十七条　当事人请求处理专利侵权纠纷或者调解专利纠纷的，由被请求人所在地或者侵权行为地的管理专利工作的部门管辖。

两个以上管理专利工作的部门都有管辖权的专利纠纷，当事人可以向其中一个管理专利工作的部门提出请求；当事人向两个以上有管辖权的管理专利工作的部门提出请求的，由最先受理的管理专利工作的部门管辖。

管理专利工作的部门对管辖权发生争议的，由其共同的上级人民政府管理专利工作的部门指定管辖；无共同上级人民政府管理专利工作的部门的，由国务院专利行政部门指定管辖。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 97
Where a party concerned requests the handling of a patent infringement dispute or the mediation of a patent dispute, it shall be under the jurisdiction of the department for the administration of patent work in the place where the respondent is located or where the infringement occurs.
Where two or more departments for the administration of patent work have jurisdiction over a patent dispute, the party concerned may make a request to one of the departments for the administration of patent work; where the party concerned makes a request to two or more departments for the administration of patent work with jurisdiction, the department for the administration of patent work that first accepts the request shall have jurisdiction.
Where a jurisdictional dispute arises between the departments for the administration of patent work, jurisdiction shall be designated by the department for the administration of patent work of the people's government at a higher level over both parties; where there is no such department for the administration of patent work of the people's government at a higher level over both parties, jurisdiction shall be designated by the administrative department for patent under the State Council.

第九十八条　在处理专利侵权纠纷过程中，被请求人提出无效宣告请求并被国务院专利行政部门受理的，可以请求管理专利工作的部门中止处理。

管理专利工作的部门认为被请求人提出的中止理由明显不能成立的，可以不中止处理。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 98
Where, in the course of handling a patent infringement dispute, the respondent has filed a request for invalidation and has been accepted by the administrative department for patent under the State Council, he may request the department for the administration of patent work to suspend the handling.
Where the department for the administration of patent work considers that the reasons for suspension given by the respondent are obviously untenable, it may refuse to suspend the disposal.

第九十九条　专利权人依照专利法第十六条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十六条
发明人或者设计人有权在专利文件中写明自己是发明人或者设计人。
专利权人有权在其专利产品或者该产品的包装上标明专利标识。
的规定，在其专利产品或者该产品的包装上标明专利标识的，应当按照国务院专利行政部门规定的方式予以标明。

专利标识不符合前款规定的，由县级以上负责专利执法的部门责令改正。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 99
Where any patentee affixes a patent mark on the patented product or on the package of that product in accordance with Article 16 of the Patent Law, he or it shall make the affixation in the manner as prescribed by the administrative department for patent under the State Council.
If the patent mark does not conform to the provisions of the preceding paragraph, the department responsible for patent law enforcement at or above the county level shall order it to make corrections.

第一百条　申请人或者专利权人违反本细则第十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第十一条　申请专利应当遵循诚实信用原则。提出各类专利申请应当以真实发明创造活动为基础，不得弄虚作假。
、第八十八条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第八十八条　专利权人不得通过提供虚假材料、隐瞒事实等手段，作出开放许可声明或者在开放许可实施期间获得专利年费减免。
规定的，由县级以上负责专利执法的部门予以警告，可以处10万元以下的罚款。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 100
Where any applicant or patentee violates the provisions of Article 11 or Article 88 of these Rules, he shall be given a warning and may be fined not more than 100,000 yuan by the department responsible for patent law enforcement at or above the county level.

第一百零一条　下列行为属于专利法第六十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六十八条
假冒专利的，除依法承担民事责任外，由负责专利执法的部门责令改正并予公告，没收违法所得，可以处违法所得五倍以下的罚款；没有违法所得或者违法所得在五万元以下的，可以处二十五万元以下的罚款；构成犯罪的，依法追究刑事责任。
规定的假冒专利的行为：

（一）在未被授予专利权的产品或者其包装上标注专利标识，专利权被宣告无效后或者终止后继续在产品或者其包装上标注专利标识，或者未经许可在产品或者产品包装上标注他人的专利号；

（二）销售第（一）项所述产品；

（三）在产品说明书等材料中将未被授予专利权的技术或者设计称为专利技术或者专利设计，将专利申请称为专利，或者未经许可使用他人的专利号，使公众将所涉及的技术或者设计误认为是专利技术或者专利设计；

（四）伪造或者变造专利证书、专利文件或者专利申请文件；

（五）其他使公众混淆，将未被授予专利权的技术或者设计误认为是专利技术或者专利设计的行为。

专利权终止前依法在专利产品、依照专利方法直接获得的产品或者其包装上标注专利标识，在专利权终止后许诺销售、销售该产品的，不属于假冒专利行为。

销售不知道是假冒专利的产品，并且能够证明该产品合法来源的，由县级以上负责专利执法的部门责令停止销售。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 101
The following acts shall be acts of passing off a patent as provided for in Article 68 of the Patent Law:
(1) Marking a patent mark on a product or its package that has not been granted a patent right, continuing to mark a patent mark on the product or its package after the patent right has been declared invalid or terminated, or marking the patent number of another person on the product or its package without permission;
(2) selling the products mentioned in Item (1);
(3) In the product specifications and other materials, the technology or design that has not been granted a patent right is called a patented technology or a patented design, the patent application is called a patent, or the patent number of another person is used without permission, which makes the public mistake the technology or design involved for a patented technology or a patented design;
(4) forging or altering patent certificates, patent documents or patent application documents;
(5) Other acts that confuse the public and mistake technologies or designs that have not been granted patent rights as patented technologies or patented designs.
It is not an act of counterfeiting a patent to mark a patent mark on a patented product, a product directly obtained by a patented method or its packaging according to law before the termination of the patent right, and to promise to sell or sell the product after the termination of the patent right.
If a person sells a product that is not known to be a counterfeit patent and can prove the legitimate source of the product, the department responsible for patent law enforcement at or above the county level shall order him to stop selling it.

第一百零二条　除专利法第六十五条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六十五条
未经专利权人许可，实施其专利，即侵犯其专利权，引起纠纷的，由当事人协商解决；不愿协商或者协商不成的，专利权人或者利害关系人可以向人民法院起诉，也可以请求管理专利工作的部门处理。管理专利工作的部门处理时，认定侵权行为成立的，可以责令侵权人立即停止侵权行为，当事人不服的，可以自收到处理通知之日起十五日内依照《中华人民共和国行政诉讼法》向人民法院起诉；侵权人期满不起诉又不停止侵权行为的，管理专利工作的部门可以申请人民法院强制执行。进行处理的管理专利工作的部门应当事人的请求，可以就侵犯专利权的赔偿数额进行调解；调解不成的，当事人可以依照《中华人民共和国民事诉讼法》向人民法院起诉。
规定的外，管理专利工作的部门应当事人请求，可以对下列专利纠纷进行调解：

（一）专利申请权和专利权归属纠纷；

（二）发明人、设计人资格纠纷；

（三）职务发明创造的发明人、设计人的奖励和报酬纠纷；

（四）在发明专利申请公布后专利权授予前使用发明而未支付适当费用的纠纷；

（五）其他专利纠纷。

对于前款第（四）项所列的纠纷，当事人请求管理专利工作的部门调解的，应当在专利权被授予之后提出。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 102
Except as provided in Article 65 of the Patent Law, the department for the administration of patent work may, at the request of the party concerned, mediate the following patent disputes:
(1) Disputes over the ownership of the right to apply for a patent and the patent right;
(Two) disputes over the qualifications of inventors and designers;
(3) disputes over the rewards and remuneration of inventors and designers of service invention-creations;
(4) a dispute over the use of an invention without payment of an appropriate fee after the publication of the application for a patent for invention but before the grant of the patent right;
(5) Other patent disputes.
For the disputes enumerated in Item (4) of the preceding paragraph, if the parties request the department for the administration of patent work for mediation, they shall do so after the grant of the patent right.

第一百零三条　当事人因专利申请权或者专利权的归属发生纠纷，已请求管理专利工作的部门调解或者向人民法院起诉的，可以请求国务院专利行政部门中止有关程序。

依照前款规定请求中止有关程序的，应当向国务院专利行政部门提交请求书，说明理由，并附具管理专利工作的部门或者人民法院的写明申请号或者专利号的有关受理文件副本。国务院专利行政部门认为当事人提出的中止理由明显不能成立的，可以不中止有关程序。

管理专利工作的部门作出的调解书或者人民法院作出的判决生效后，当事人应当向国务院专利行政部门办理恢复有关程序的手续。自请求中止之日起1年内，有关专利申请权或者专利权归属的纠纷未能结案，需要继续中止有关程序的，请求人应当在该期限内请求延长中止。期满未请求延长的，国务院专利行政部门自行恢复有关程序。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 103
Where a party concerned, in case of a dispute due to the ownership of the right of patent application or the patent right, has requested the department for the administration of patent work to mediate or has initiated a lawsuit to the people's court, he may request the administrative department for patent under the State Council to suspend relevant procedures.
Anyone who requests suspension of relevant procedures in accordance with the preceding paragraph shall submit a written request to the administrative department for patent under the State Council, state the reasons, and affix copies of the relevant acceptance documents issued by the department for the administration of patent work or the people's court with the application number or patent number indicated. Where the administrative department for patent under the State Council considers that the reason for suspension given by the party concerned is obviously untenable, it may not suspend the relevant procedure.
After the conciliation statement made by the department for the administration of patent work or the judgment made by the people's court has entered into force, the party concerned shall go through the formalities for recovering the relevant procedures in the administrative department for patent under the State Council. Where a dispute relating to the ownership of the right of patent application or the patent right has not been settled within one year from the date of requesting suspension, and it is necessary to continue to suspend the relevant procedures, the petitioner shall request an extension of the suspension within the time limit. Where the request for extension is not made at the expiry of the time limit, the administrative department for patent under the State Council shall resume the relevant procedures at its own discretion.

第一百零四条　人民法院在审理民事案件中裁定对专利申请权或者专利权采取保全措施的，国务院专利行政部门应当在收到写明申请号或者专利号的裁定书和协助执行通知书之日中止被保全的专利申请权或者专利权的有关程序。保全期限届满，人民法院没有裁定继续采取保全措施的，国务院专利行政部门自行恢复有关程序。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 104
Where the people's court has ordered to adopt preservative measures over the right to apply for a patent or the patent right in the trial of a civil case, the administrative department for patent under the State Council shall suspend relevant procedures for the preserved right to apply for a patent or the patent right on the day when it receives the written order indicating the application number or the patent number and the notification for assistance in execution. Where, at the expiration of the preservation period, the people's court has not ordered to continue the preservation measures, the administrative department for patent under the State Council shall recover the relevant procedures at its own discretion.

第一百零五条　国务院专利行政部门根据本细则第一百零三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百零三条　当事人因专利申请权或者专利权的归属发生纠纷，已请求管理专利工作的部门调解或者向人民法院起诉的，可以请求国务院专利行政部门中止有关程序。
依照前款规定请求中止有关程序的，应当向国务院专利行政部门提交请求书，说明理由，并附具管理专利工作的部门或者人民法院的写明申请号或者专利号的有关受理文件副本。国务院专利行政部门认为当事人提出的中止理由明显不能成立的，可以不中止有关程序。
管理专利工作的部门作出的调解书或者人民法院作出的判决生效后，当事人应当向国务院专利行政部门办理恢复有关程序的手续。自请求中止之日起1年内，有关专利申请权或者专利权归属的纠纷未能结案，需要继续中止有关程序的，请求人应当在该期限内请求延长中止。期满未请求延长的，国务院专利行政部门自行恢复有关程序。
和第一百零四条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百零四条　人民法院在审理民事案件中裁定对专利申请权或者专利权采取保全措施的，国务院专利行政部门应当在收到写明申请号或者专利号的裁定书和协助执行通知书之日中止被保全的专利申请权或者专利权的有关程序。保全期限届满，人民法院没有裁定继续采取保全措施的，国务院专利行政部门自行恢复有关程序。
规定中止有关程序，是指暂停专利申请的初步审查、实质审查、复审程序，授予专利权程序和专利权无效宣告程序；暂停办理放弃、变更、转移专利权或者专利申请权手续，专利权质押手续以及专利权期限届满前的终止手续等。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 105
that suspension of relevant procedure by the administrative department for patent under the State Council in accordance with the provision of article 103 and 104 of these rules means the suspension of the procedures for preliminary examination, substantive examination and reexamination of an application for patent, the procedure for the grant of patent right and the procedures for the invalidation of patent right; The procedures for abandoning, altering or transferring the patent right or the patent application right, the procedures for the pledge of the patent right and the procedures for the termination of the patent right before the expiration of the term of the patent right shall be suspended.
Chapter IX Patent Registration and Patent Gazette

第一百零六条　国务院专利行政部门设置专利登记簿，登记下列与专利申请和专利权有关的事项：

（一）专利权的授予；

（二）专利申请权、专利权的转移；

（三）专利权的质押、保全及其解除；

（四）专利实施许可合同的备案；

（五）国防专利、保密专利的解密；

（六）专利权的无效宣告；

（七）专利权的终止；

（八）专利权的恢复；

（九）专利权期限的补偿；

（十）专利实施的开放许可；

（十一）专利实施的强制许可；

（十二）专利权人的姓名或者名称、国籍和地址的变更。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 106
The administrative department for patent under the State Council shall keep a Patent Register in which the following matters relating to patent applications and patent rights shall be registered:
(1) grant of the patent right;
(2) The transfer of the right of patent application and the patent right;
(3) The pledge, preservation and cancellation of the patent right;
(4) Filing of patent licensing contracts;
(5) Declassification of national defense patents and confidential patents;
(6) invalidation of the patent right;
(7) termination of the patent right;
(8) Restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) Open license for patent exploitation;
(11) compulsory license for exploitation of the patent;
(12) any change in the name, nationality or address of the patentee.

第一百零七条　国务院专利行政部门定期出版专利公报，公布或者公告下列内容：

（一）发明专利申请的著录事项和说明书摘要；

（二）发明专利申请的实质审查请求和国务院专利行政部门对发明专利申请自行进行实质审查的决定；

（三）发明专利申请公布后的驳回、撤回、视为撤回、视为放弃、恢复和转移；

（四）专利权的授予以及专利权的著录事项；

（五）实用新型专利的说明书摘要，外观设计专利的一幅图片或者照片；

（六）国防专利、保密专利的解密；

（七）专利权的无效宣告；

（八）专利权的终止、恢复；

（九）专利权期限的补偿；

（十）专利权的转移；

（十一）专利实施许可合同的备案；

（十二）专利权的质押、保全及其解除；

（十三）专利实施的开放许可事项；

（十四）专利实施的强制许可的给予；

（十五）专利权人的姓名或者名称、国籍和地址的变更；

（十六）文件的公告送达；

（十七）国务院专利行政部门作出的更正；

（十八）其他有关事项。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 107
The administrative department for patent under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following:
(1) the bibliographic data and the abstract of the specification of an application for a patent for invention;
(2) any request for examination as to substance of an application for a patent for invention and any decision made by the Patent Administration Department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention;
(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication;
(4) The grant of patent rights and the bibliographic data of patent rights;
(5) The abstract of the specification of a patent for utility model, a drawing or photograph of a patent for design;
(6) Declassification of national defense patents and confidential patents;
(7) invalidation of the patent right;
(8) The termination or restoration of the patent right;
(9) Compensation for the duration of the patent right;
(10) transfer of the patent right;
(11) Filing of patent licensing contracts;
(12) The pledge, preservation and cancellation of the patent right;
(Thirteen) open licensing matters for patent implementation;
(14) grant of a compulsory license for exploitation of the patent;
(15) any change in the name, nationality or address of the patentee;
(16) Service of documents by public announcement;
(17) corrections made by the administrative department for patent under the State Council;
(18) Other relevant matters.

第一百零八条　国务院专利行政部门应当提供专利公报、发明专利申请单行本以及发明专利、实用新型专利、外观设计专利单行本，供公众免费查阅。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 108
The administrative department for patent under the State Council shall provide the patent Gazette, the single edition of the patent application for invention and the single edition of the patent for invention, utility model and design for free reference by the public.

第一百零九条　国务院专利行政部门负责按照互惠原则与其他国家、地区的专利机关或者区域性专利组织交换专利文献。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 109
The administrative department for patent under the State Council shall be responsible for exchanging patent documents with the patent offices of other countries, regions or regional patent organizations in accordance with the principle of reciprocity.
Chapter X Expenses

第一百一十条　向国务院专利行政部门申请专利和办理其他手续时，应当缴纳下列费用：

（一）申请费、申请附加费、公布印刷费、优先权要求费；

（二）发明专利申请实质审查费、复审费；

（三）年费；

（四）恢复权利请求费、延长期限请求费；

（五）著录事项变更费、专利权评价报告请求费、无效宣告请求费、专利文件副本证明费。

前款所列各种费用的缴纳标准，由国务院发展改革部门、财政部门会同国务院专利行政部门按照职责分工规定。国务院财政部门、发展改革部门可以会同国务院专利行政部门根据实际情况对申请专利和办理其他手续应当缴纳的费用种类和标准进行调整。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 110
When filing an application for a patent with the administrative department for patent under the State Council and fulfilling other formalities, the following fees shall be charged:
(1) Application fee, additional fee for application, publishing and printing fee and fee for claiming priority;
(2) fee for substantial examination of an application for a patent for invention and re-examination fee;
(3) Annual fee;
(Four) request fee for restoration of rights and request fee for extension of time limit;
(5) Fees for changes in bibliographic items, fees for requests for patent evaluation reports, fees for requests for invalidation and fees for certification of copies of patent documents.
The standards for the payment of the various fees listed in the preceding paragraph shall be prescribed by the development and reform department and the financial department of the State Council in conjunction with the patent administration department of the State Council according to their respective responsibilities. The financial department and the development and reform department under the State Council may, in conjunction with the patent administration department under the State Council, adjust the types and standards of fees payable for patent application and other formalities according to the actual situation.

第一百一十一条　专利法和本细则规定的各种费用，应当严格按照规定缴纳。

直接向国务院专利行政部门缴纳费用的，以缴纳当日为缴费日；以邮局汇付方式缴纳费用的，以邮局汇出的邮戳日为缴费日；以银行汇付方式缴纳费用的，以银行实际汇出日为缴费日。

多缴、重缴、错缴专利费用的，当事人可以自缴费日起3年内，向国务院专利行政部门提出退款请求，国务院专利行政部门应当予以退还。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 111
The fees provided for in the Patent Law and these Implementing Regulations shall be paid strictly in accordance with the provisions.
Where the fees are directly paid to the administrative department for patent under the State Council, the date when the payment was made shall be regarded as the payment date; where the fees are remitted by post, the date of mailing indicated by the postmark shall be regarded as the payment date; where the fees are remitted by bank, the date of actual remittance by the bank shall be regarded as the payment date.
Where any patent fee is overpaid, repaid or wrongly paid, the party concerned may, within three years from the date of payment, request the administrative department for patent under the State Council for a refund, and the administrative department for patent under the State Council shall refund the fee.

第一百一十二条　申请人应当自申请日起2个月内或者在收到受理通知书之日起15日内缴纳申请费、公布印刷费和必要的申请附加费；期满未缴纳或者未缴足的，其申请视为撤回。

申请人要求优先权的，应当在缴纳申请费的同时缴纳优先权要求费；期满未缴纳或者未缴足的，视为未要求优先权。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 112
The applicant shall, within 2 months from the filing date or within 15 days from the date of receipt of the notification of acceptance of the application, pay the filing fee, the printing fee for publication of the application and the necessary additional fee for filing of application. Where the filing fee is not paid or not paid in full within the time limit, the application shall be deemed to have been withdrawn.
An applicant who claims the right of priority shall pay the fee for claiming the right of priority together with the application fee; where the fee has not been paid or fully paid at the expiry of the time limit, the claim shall be deemed not to have been made.

第一百一十三条　当事人请求实质审查或者复审的，应当在专利法及本细则规定的相关期限内缴纳费用；期满未缴纳或者未缴足的，视为未提出请求。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 113
Where the party concerned requests an examination or reexamination as to substance, the relevant fee shall be paid within the time limit prescribed respectively by the Patent Law and these Implementing Regulations; where the fee has not been paid or fully paid at the expiry of the time limit, the request shall be deemed not to have been made.

第一百一十四条　申请人办理登记手续时，应当缴纳授予专利权当年的年费；期满未缴纳或者未缴足的，视为未办理登记手续。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 114
When the applicant goes through the formalities of registration, he shall pay the annual fee for the year in which the patent right is granted. If the fee is not paid or not paid in full at the expiration of the time limit, the applicant shall be deemed not to have gone through the formalities of registration.

第一百一十五条　授予专利权当年以后的年费应当在上一年度期满前缴纳。专利权人未缴纳或者未缴足的，国务院专利行政部门应当通知专利权人自应当缴纳年费期满之日起6个月内补缴，同时缴纳滞纳金；滞纳金的金额按照每超过规定的缴费时间1个月，加收当年全额年费的5%计算；期满未缴纳的，专利权自应当缴纳年费期满之日起终止。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 115
The annual fee after the year in which the patent right is granted shall be paid before the expiration of the preceding year. Where the annual fee is not paid or not paid in full by the patentee, the administrative department for patent under the State Council shall notify the patentee to rectify the insufficiency within 6 months as of the expiry of the time limit within which the annual fee should be paid, and at the same time pay a surcharge, the amount of which shall be calculated by charging an additional 5% of the total amount of the annual fee for that year for each month exceeding the provided payment time; where the insufficiency has not been paid at the expiry of the time limit, the patent right shall be terminated as of the expiry of the time.

第一百一十六条　恢复权利请求费应当在本细则规定的相关期限内缴纳；期满未缴纳或者未缴足的，视为未提出请求。

延长期限请求费应当在相应期限届满之日前缴纳；期满未缴纳或者未缴足的，视为未提出请求。

著录事项变更费、专利权评价报告请求费、无效宣告请求费应当自提出请求之日起1个月内缴纳；期满未缴纳或者未缴足的，视为未提出请求。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 116
The fee for a claim for restoration of rights shall be paid within the relevant time limit prescribed in these Rules; if the fee is not paid or not paid in full at the expiration of the time limit, the claim shall be deemed not to have been filed.
The fee for requesting the extension of the time limit shall be paid before the expiration of the corresponding time limit; if the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been made.
The fee for a change in the bibliographic data, the fee for requesting an evaluation report on a patent right, and the fee for requesting invalidation shall be paid within one month from the date on which the request is filed. If the fee is not paid or not paid in full at the expiration of the time limit, the request shall be deemed not to have been filed.

第一百一十七条　申请人或者专利权人缴纳本细则规定的各种费用有困难的，可以按照规定向国务院专利行政部门提出减缴的请求。减缴的办法由国务院财政部门会同国务院发展改革部门、国务院专利行政部门规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 117
Where any applicant or patentee has difficulties in paying the various fees provided in these Implementing Regulations, he may, in accordance with the relevant provisions, submit a request for reduction to the Patent Administration Department under the State Council. The measures for the reduction shall be formulated by the financial department of the State Council in conjunction with the development and reform department of the State Council and the patent administration department of the State Council.
Chapter XI Special Provisions on International Applications for Inventions and Utility Models

第一百一十八条　国务院专利行政部门根据专利法第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
规定，受理按照专利合作条约提出的专利国际申请。

按照专利合作条约提出并指定中国的专利国际申请（以下简称国际申请）进入国务院专利行政部门处理阶段（以下称进入中国国家阶段）的条件和程序适用本章的规定；本章没有规定的，适用专利法及本细则其他各章的有关规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 118
The administrative department for patent under the State Council shall, in accordance with Article 19 of the Patent Law, accept the international patent applications filed in accordance with the Patent Cooperation Treaty.
Where any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the "international application") enters the phase of processing by the patent administration department under the State Council (hereinafter referred to as the "Chinese national phase"), the requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shall apply.

第一百一十九条　按照专利合作条约已确定国际申请日并指定中国的国际申请，视为向国务院专利行政部门提出的专利申请，该国际申请日视为专利法第二十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十八条
国务院专利行政部门收到专利申请文件之日为申请日。如果申请文件是邮寄的，以寄出的邮戳日为申请日。
所称的申请日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 119
Any international application for which the international filing date has been determined in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed to have been filed with the patent administration department under the State Council, and the international filing date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.

第一百二十条　国际申请的申请人应当在专利合作条约第二条所称的优先权日（本章简称优先权日）起30个月内，向国务院专利行政部门办理进入中国国家阶段的手续；申请人未在该期限内办理该手续的，在缴纳宽限费后，可以在自优先权日起32个月内办理进入中国国家阶段的手续。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 120
Any applicant for an international application shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this Chapter), go through the formalities for entering the Chinese national phase at the administrative department for patent under the State Council; If the applicant fails to go through the formalities within the time limit, he may go through the formalities for entering the Chinese national phase within 32 months from the priority date after paying the grace fee.

第一百二十一条　申请人依照本细则第一百二十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百二十条　国际申请的申请人应当在专利合作条约第二条所称的优先权日（本章简称优先权日）起30个月内，向国务院专利行政部门办理进入中国国家阶段的手续；申请人未在该期限内办理该手续的，在缴纳宽限费后，可以在自优先权日起32个月内办理进入中国国家阶段的手续。
的规定办理进入中国国家阶段的手续的，应当符合下列要求：

（一）以中文提交进入中国国家阶段的书面声明，写明国际申请号和要求获得的专利权类型；

（二）缴纳本细则第一百一十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百一十条　向国务院专利行政部门申请专利和办理其他手续时，应当缴纳下列费用：
（一）申请费、申请附加费、公布印刷费、优先权要求费；
（二）发明专利申请实质审查费、复审费；
（三）年费；
（四）恢复权利请求费、延长期限请求费；
（五）著录事项变更费、专利权评价报告请求费、无效宣告请求费、专利文件副本证明费。
前款所列各种费用的缴纳标准，由国务院发展改革部门、财政部门会同国务院专利行政部门按照职责分工规定。国务院财政部门、发展改革部门可以会同国务院专利行政部门根据实际情况对申请专利和办理其他手续应当缴纳的费用种类和标准进行调整。
第一款规定的申请费、公布印刷费，必要时缴纳本细则第一百二十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百二十条　国际申请的申请人应当在专利合作条约第二条所称的优先权日（本章简称优先权日）起30个月内，向国务院专利行政部门办理进入中国国家阶段的手续；申请人未在该期限内办理该手续的，在缴纳宽限费后，可以在自优先权日起32个月内办理进入中国国家阶段的手续。
规定的宽限费；

（三）国际申请以外文提出的，提交原始国际申请的说明书和权利要求书的中文译文；

（四）在进入中国国家阶段的书面声明中写明发明创造的名称，申请人姓名或者名称、地址和发明人的姓名，上述内容应当与世界知识产权组织国际局（以下简称国际局）的记录一致；国际申请中未写明发明人的，在上述声明中写明发明人的姓名；

（五）国际申请以外文提出的，提交摘要的中文译文，有附图和摘要附图的，提交附图副本并指定摘要附图，附图中有文字的，将其替换为对应的中文文字；

（六）在国际阶段向国际局已办理申请人变更手续的，必要时提供变更后的申请人享有申请权的证明材料；

（七）必要时缴纳本细则第一百一十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百一十条　向国务院专利行政部门申请专利和办理其他手续时，应当缴纳下列费用：
（一）申请费、申请附加费、公布印刷费、优先权要求费；
（二）发明专利申请实质审查费、复审费；
（三）年费；
（四）恢复权利请求费、延长期限请求费；
（五）著录事项变更费、专利权评价报告请求费、无效宣告请求费、专利文件副本证明费。
前款所列各种费用的缴纳标准，由国务院发展改革部门、财政部门会同国务院专利行政部门按照职责分工规定。国务院财政部门、发展改革部门可以会同国务院专利行政部门根据实际情况对申请专利和办理其他手续应当缴纳的费用种类和标准进行调整。
第一款规定的申请附加费。

符合本条第一款第（一）项至第（三）项要求的，国务院专利行政部门应当给予申请号，明确国际申请进入中国国家阶段的日期（以下简称进入日），并通知申请人其国际申请已进入中国国家阶段。

国际申请已进入中国国家阶段，但不符合本条第一款第（四）项至第（七）项要求的，国务院专利行政部门应当通知申请人在指定期限内补正；期满未补正的，其申请视为撤回。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 121
The applicant who goes through the formalities for entering the Chinese national phase in accordance with the provisions of Article 120 of these Rules shall meet the following requirements:
(1) a written declaration for the entry of the national phase in China submitted in Chinese, indicating the international application number and the type of patent right requested to be obtained;
(2) to pay the application fee and the publishing and printing fee provided for in Paragraph 1 of Article 110 of these Rules, and, if necessary, to pay the grace fee provided for in Article 120 of these Rules;
(3) where the international application is filed in a foreign language, the Chinese translation of the description and the claims of the original international application shall be submitted;
(4) indicating the title of the invention-creation, the name and address of the applicant and the name of the inventor in the written declaration for the entry of the National Phase in China, which shall be consistent with the record in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not indicated in the international application, the name of the inventor shall be indicated in the above-mentioned declaration;
(5) Where the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted, and where there are drawings and drawings attached to the abstract, copies of the drawings shall be submitted and the drawings attached to the abstract shall be designated, and where there are words in the drawings, they shall be replaced by the corresponding Chinese words;
(6) where the formalities for the change of the applicant have been completed with the International Bureau in the international phase, the supporting materials for the right of application of the applicant after the change shall be provided when necessary;
(7) to pay, when necessary, the additional fee for application prescribed in Paragraph 1 of Article 110 of these Rules.
Where the application meets the requirements of Items (1) to (3) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall issue an application number, specify the date on which the international application has entered the National Phase in China (hereinafter referred to as the date of entry), and notify the applicant that his international application has entered the National Phase in China.
Where the international application has entered the Chinese national phase but does not meet the requirements in Items (4) to (7) of Paragraph 1 of this Article, the administrative department for patent under the State Council shall notify the applicant to make rectification within the specified time limit; where the rectification is not made at the expiry of the time limit, the application shall be deemed to have been withdrawn.

第一百二十二条　国际申请有下列情形之一的，其在中国的效力终止：

（一）在国际阶段，国际申请被撤回或者被视为撤回，或者国际申请对中国的指定被撤回的；

（二）申请人未在优先权日起32个月内按照本细则第一百二十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百二十条　国际申请的申请人应当在专利合作条约第二条所称的优先权日（本章简称优先权日）起30个月内，向国务院专利行政部门办理进入中国国家阶段的手续；申请人未在该期限内办理该手续的，在缴纳宽限费后，可以在自优先权日起32个月内办理进入中国国家阶段的手续。
规定办理进入中国国家阶段手续的；

（三）申请人办理进入中国国家阶段的手续，但自优先权日起32个月期限届满仍不符合本细则第一百二十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百二十一条　申请人依照本细则第一百二十条的规定办理进入中国国家阶段的手续的，应当符合下列要求：
（一）以中文提交进入中国国家阶段的书面声明，写明国际申请号和要求获得的专利权类型；
（二）缴纳本细则第一百一十条第一款规定的申请费、公布印刷费，必要时缴纳本细则第一百二十条规定的宽限费；
（三）国际申请以外文提出的，提交原始国际申请的说明书和权利要求书的中文译文；
（四）在进入中国国家阶段的书面声明中写明发明创造的名称，申请人姓名或者名称、地址和发明人的姓名，上述内容应当与世界知识产权组织国际局（以下简称国际局）的记录一致；国际申请中未写明发明人的，在上述声明中写明发明人的姓名；
（五）国际申请以外文提出的，提交摘要的中文译文，有附图和摘要附图的，提交附图副本并指定摘要附图，附图中有文字的，将其替换为对应的中文文字；
（六）在国际阶段向国际局已办理申请人变更手续的，必要时提供变更后的申请人享有申请权的证明材料；
（七）必要时缴纳本细则第一百一十条第一款规定的申请附加费。
符合本条第一款第（一）项至第（三）项要求的，国务院专利行政部门应当给予申请号，明确国际申请进入中国国家阶段的日期（以下简称进入日），并通知申请人其国际申请已进入中国国家阶段。
国际申请已进入中国国家阶段，但不符合本条第一款第（四）项至第（七）项要求的，国务院专利行政部门应当通知申请人在指定期限内补正；期满未补正的，其申请视为撤回。
第（一）项至第（三）项要求的。

依照前款第（一）项的规定，国际申请在中国的效力终止的，不适用本细则第六条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第六条　当事人因不可抗拒的事由而延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，自障碍消除之日起2个月内且自期限届满之日起2年内，可以向国务院专利行政部门请求恢复权利。
除前款规定的情形外，当事人因其他正当理由延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，可以自收到国务院专利行政部门的通知之日起2个月内向国务院专利行政部门请求恢复权利；但是，延误复审请求期限的，可以自复审请求期限届满之日起2个月内向国务院专利行政部门请求恢复权利。
当事人依照本条第一款或者第二款的规定请求恢复权利的，应当提交恢复权利请求书，说明理由，必要时附具有关证明文件，并办理权利丧失前应当办理的相应手续；依照本条第二款的规定请求恢复权利的，还应当缴纳恢复权利请求费。
当事人请求延长国务院专利行政部门指定的期限的，应当在期限届满前，向国务院专利行政部门提交延长期限请求书，说明理由，并办理有关手续。
本条第一款和第二款的规定不适用专利法第二十四条、第二十九条、第四十二条、第七十四条规定的期限。
的规定；依照前款第（二）项、第（三）项的规定，国际申请在中国的效力终止的，不适用本细则第六条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第六条　当事人因不可抗拒的事由而延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，自障碍消除之日起2个月内且自期限届满之日起2年内，可以向国务院专利行政部门请求恢复权利。
除前款规定的情形外，当事人因其他正当理由延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，可以自收到国务院专利行政部门的通知之日起2个月内向国务院专利行政部门请求恢复权利；但是，延误复审请求期限的，可以自复审请求期限届满之日起2个月内向国务院专利行政部门请求恢复权利。
当事人依照本条第一款或者第二款的规定请求恢复权利的，应当提交恢复权利请求书，说明理由，必要时附具有关证明文件，并办理权利丧失前应当办理的相应手续；依照本条第二款的规定请求恢复权利的，还应当缴纳恢复权利请求费。
当事人请求延长国务院专利行政部门指定的期限的，应当在期限届满前，向国务院专利行政部门提交延长期限请求书，说明理由，并办理有关手续。
本条第一款和第二款的规定不适用专利法第二十四条、第二十九条、第四十二条、第七十四条规定的期限。
第二款的规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 122
The effectiveness of an international application in China shall be terminated under any of the following circumstances:
(1) where, in the International Phase, the international application is withdrawn or is deemed to be withdrawn, or the designation of China in the international application is withdrawn;
(2) where the applicant fails to go through the formalities for the entry of the Chinese national phase within 32 months from the priority date in accordance with Article 120 of these Rules;
(3) where the applicant has gone through the formalities for the entry of the Chinese national phase, but the requirements in subparagraphs (1) to (3) of Article 121 of these Rules have still not been met at the expiration of a period of 32 months from the priority date.
Where the effectiveness of an international application ceases in China according to the provisions of Item (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; where the effectiveness of an international application ceases in China according to the provisions of Items (2) and (3) of the preceding paragraph, the provisions of Paragraph 2 of Article 6 of these Rules shall not apply.

第一百二十三条　国际申请在国际阶段作过修改，申请人要求以经修改的申请文件为基础进行审查的，应当自进入日起2个月内提交修改部分的中文译文。在该期间内未提交中文译文的，对申请人在国际阶段提出的修改，国务院专利行政部门不予考虑。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 123
Where an international application has been amended in the International Phase and the applicant requests examination on the basis of the amended application documents, the Chinese translation of the amended part shall be submitted within 2 months from the date of entry. Where the Chinese translation is not submitted within the time limit, the administrative department for patent under the State Council shall not consider the amendments made by the applicant in the international phase.

第一百二十四条　国际申请涉及的发明创造有专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
第（二）项或者第（三）项所列情形之一，在提出国际申请时作过声明的，申请人应当在进入中国国家阶段的书面声明中予以说明，并自进入日起2个月内提交本细则第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十三条　专利法第二十四条第（二）项所称中国政府承认的国际展览会，是指国际展览会公约规定的在国际展览局注册或者由其认可的国际展览会。
专利法第二十四条第（三）项所称学术会议或者技术会议，是指国务院有关主管部门或者全国性学术团体组织召开的学术会议或者技术会议，以及国务院有关主管部门认可的由国际组织召开的学术会议或者技术会议。
申请专利的发明创造有专利法第二十四条第（二）项或者第（三）项所列情形的，申请人应当在提出专利申请时声明，并自申请日起2个月内提交有关发明创造已经展出或者发表，以及展出或者发表日期的证明文件。
申请专利的发明创造有专利法第二十四条第（一）项或者第（四）项所列情形的，国务院专利行政部门认为必要时，可以要求申请人在指定期限内提交证明文件。
申请人未依照本条第三款的规定提出声明和提交证明文件的，或者未依照本条第四款的规定在指定期限内提交证明文件的，其申请不适用专利法第二十四条的规定。
第三款规定的有关证明文件；未予说明或者期满未提交证明文件的，其申请不适用专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
的规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 124
Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (2) or (3) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the written statement concerning entry into the Chinese national phase, and furnish the relevant certificates prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of entry; Where no explanation is given or no certifying document is submitted within the time limit, the application shall not be governed by the provisions of Article 24 of the Patent Law.

第一百二十五条　申请人按照专利合作条约的规定，对生物材料样品的保藏已作出说明的，视为已经满足了本细则第二十七条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十七条　申请专利的发明涉及新的生物材料，该生物材料公众不能得到，并且对该生物材料的说明不足以使所属领域的技术人员实施其发明的，除应当符合专利法和本细则的有关规定外，申请人还应当办理下列手续：
（一）在申请日前或者最迟在申请日（有优先权的，指优先权日），将该生物材料的样品提交国务院专利行政部门认可的保藏单位保藏，并在申请时或者最迟自申请日起4个月内提交保藏单位出具的保藏证明和存活证明；期满未提交证明的，该样品视为未提交保藏；
（二）在申请文件中，提供有关该生物材料特征的资料；
（三）涉及生物材料样品保藏的专利申请应当在请求书和说明书中写明该生物材料的分类命名（注明拉丁文名称）、保藏该生物材料样品的单位名称、地址、保藏日期和保藏编号；申请时未写明的，应当自申请日起4个月内补正；期满未补正的，视为未提交保藏。
第（三）项的要求。申请人应当在进入中国国家阶段声明中指明记载生物材料样品保藏事项的文件以及在该文件中的具体记载位置。

申请人在原始提交的国际申请的说明书中已记载生物材料样品保藏事项，但是没有在进入中国国家阶段声明中指明的，应当自进入日起4个月内补正。期满未补正的，该生物材料视为未提交保藏。

申请人自进入日起4个月内向国务院专利行政部门提交生物材料样品保藏证明和存活证明的，视为在本细则第二十七条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第二十七条　申请专利的发明涉及新的生物材料，该生物材料公众不能得到，并且对该生物材料的说明不足以使所属领域的技术人员实施其发明的，除应当符合专利法和本细则的有关规定外，申请人还应当办理下列手续：
（一）在申请日前或者最迟在申请日（有优先权的，指优先权日），将该生物材料的样品提交国务院专利行政部门认可的保藏单位保藏，并在申请时或者最迟自申请日起4个月内提交保藏单位出具的保藏证明和存活证明；期满未提交证明的，该样品视为未提交保藏；
（二）在申请文件中，提供有关该生物材料特征的资料；
（三）涉及生物材料样品保藏的专利申请应当在请求书和说明书中写明该生物材料的分类命名（注明拉丁文名称）、保藏该生物材料样品的单位名称、地址、保藏日期和保藏编号；申请时未写明的，应当自申请日起4个月内补正；期满未补正的，视为未提交保藏。
第（一）项规定的期限内提交。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 125
Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 27, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of the biological material are contained in the description of the international application as initially filed, but there is no such indication in the declaration for the entry of the Chinese national phase, the applicant shall make a correction within four months from the date of entry. If the rectification has not been made at the expiration of the time limit, the biological material shall be deemed not to have been deposited.
Where the applicant submits the certificates of the deposit and the viability of the biological materials to the administrative department for patent under the State Council within four months from the date of entry, the deposit of biological materials shall be deemed to have been made within the time limit as provided for in Rule 27, subparagraph (1) of these Rules.

第一百二十六条　国际申请涉及的发明创造依赖遗传资源完成的，申请人应当在国际申请进入中国国家阶段的书面声明中予以说明，并填写国务院专利行政部门制定的表格。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 126
Where the invention-creation involved in an international application is completed in reliance on genetic resources, the applicant shall make a statement in the written declaration on the entry of the international application into the Chinese national phase, and fill in the form formulated by the administrative department for patent under the State Council.

第一百二十七条　申请人在国际阶段已要求一项或者多项优先权，在进入中国国家阶段时该优先权要求继续有效的，视为已经依照专利法第三十条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十条
申请人要求发明、实用新型专利优先权的，应当在申请的时候提出书面声明，并且在第一次提出申请之日起十六个月内，提交第一次提出的专利申请文件的副本。
申请人要求外观设计专利优先权的，应当在申请的时候提出书面声明，并且在三个月内提交第一次提出的专利申请文件的副本。
申请人未提出书面声明或者逾期未提交专利申请文件副本的，视为未要求优先权。
的规定提出了书面声明。

申请人应当自进入日起２个月内缴纳优先权要求费；期满未缴纳或者未缴足的，视为未要求该优先权。

申请人在国际阶段已依照专利合作条约的规定，提交过在先申请文件副本的，办理进入中国国家阶段手续时不需要向国务院专利行政部门提交在先申请文件副本。申请人在国际阶段未提交在先申请文件副本的，国务院专利行政部门认为必要时，可以通知申请人在指定期限内补交；申请人期满未补交的，其优先权要求视为未提出。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 127
Where the applicant claims one or more rights of priority in the International Phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted a written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay the fee for claiming the right of priority within two months from the date of entry; where the fee has not been paid or fully paid at the expiry of the time limit, the right of priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the administrative department for patent under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant fails to submit the copies of the earlier application documents in the International Phase, the administrative department for patent under the State Council may, when considering it necessary, notify the applicant to supplement them within a specified time limit; where the applicant fails to do so at the expiry of the time limit, his or its claim for priority shall be deemed not to have been made.

第一百二十八条　国际申请的申请日在优先权期限届满之后2个月内，在国际阶段受理局已经批准恢复优先权的，视为已经依照本细则第三十六条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十六条　申请人超出专利法第二十九条规定的期限，向国务院专利行政部门就相同主题提出发明或者实用新型专利申请，有正当理由的，可以在期限届满之日起2个月内请求恢复优先权。

timeline
title 优先权恢复
优先权日: 在先申请的申请日
12个月: 优先权期限
: 在该期限内提交 在后申请
2个月: 优先权恢复期限
: 在该期限内提交 优先权恢复请求

的规定提出了恢复优先权请求；在国际阶段申请人未请求恢复优先权，或者提出了恢复优先权请求但受理局未批准，申请人有正当理由的，可以自进入日起2个月内向国务院专利行政部门请求恢复优先权。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 128
Where, within 2 months after the expiration of the period of priority, the filing date of the international application has been approved by the receiving Office in the international phase to restore the right of priority, the request for restoration of the right of priority shall be deemed to have been filed in accordance with the provisions of Article 36 of these Rules; Where, in the international phase, the applicant has not requested the restoration of the right of priority, or has made a request for the restoration of the right of priority but the receiving office has not approved it, and the applicant has justified reasons, he may, within 2 months from the date of entry, request the administrative department for patent under the State Council to restore the right of priority.

第一百二十九条　在优先权日起30个月期满前要求国务院专利行政部门提前处理和审查国际申请的，申请人除应当办理进入中国国家阶段手续外，还应当依照专利合作条约第二十三条第二款规定提出请求。国际局尚未向国务院专利行政部门传送国际申请的，申请人应当提交经确认的国际申请副本。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 129
Where, before the expiration of 30 months from "the priority date", the applicant files a request with the Patent Administration Department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23.2 of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the administrative department for patent under the State Council, the applicant shall submit a confirmed copy of the international application.

第一百三十条　要求获得实用新型专利权的国际申请，申请人可以自进入日起2个月内对专利申请文件主动提出修改。

要求获得发明专利权的国际申请，适用本细则第五十七条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第五十七条　发明专利申请人在提出实质审查请求时以及在收到国务院专利行政部门发出的发明专利申请进入实质审查阶段通知书之日起的3个月内，可以对发明专利申请主动提出修改。
实用新型或者外观设计专利申请人自申请日起2个月内，可以对实用新型或者外观设计专利申请主动提出修改。
申请人在收到国务院专利行政部门发出的审查意见通知书后对专利申请文件进行修改的，应当针对通知书指出的缺陷进行修改。
国务院专利行政部门可以自行修改专利申请文件中文字和符号的明显错误。国务院专利行政部门自行修改的，应当通知申请人。
第一款的规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 130
For an international application for a patent for utility model, the applicant may, within 2 months from the date of entry, propose to amend the patent application documents on his own initiative.
The international application for the patent right for invention shall be subject to Paragraph 1 of Article 57 of these Rules.

第一百三十一条　申请人发现提交的说明书、权利要求书或者附图中的文字的中文译文存在错误的，可以在下列规定期限内依照原始国际申请文本提出改正：

（一）在国务院专利行政部门做好公布发明专利申请或者公告实用新型专利权的准备工作之前；

（二）在收到国务院专利行政部门发出的发明专利申请进入实质审查阶段通知书之日起3个月内。

申请人改正译文错误的，应当提出书面请求并缴纳规定的译文改正费。

申请人按照国务院专利行政部门的通知书的要求改正译文的，应当在指定期限内办理本条第二款规定的手续；期满未办理规定手续的，该申请视为撤回。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 131
Where the applicant finds that there are errors in the Chinese translation of the description, the claims or the text of the appended drawings as filed, he\/it may file a request for correction in accordance with the original international application within the following time limits:
(1) before the administrative department for patent under the State Council has completed the preparations for publishing the patent application for invention or announcing the patent right for utility model;
(2) within 3 months as of the receipt of the notification sent by the administrative department for patent under the State Council on the entry of the application for a patent for invention into the stage of substantial examination.
Where the applicant intends to correct the errors in the translation, he shall submit a written request and pay the prescribed fee for the correction of the translation.
Where the applicant corrects the translation in accordance with the notification of the administrative department for patent under the State Council, he\/it shall, within the specified time limit, fulfill the formalities provided in the second paragraph of this Article. Where the applicant fails to fulfill the prescribed formalities at the expiry of the time limit, the application shall be deemed to have been withdrawn.

第一百三十二条　对要求获得发明专利权的国际申请，国务院专利行政部门经初步审查认为符合专利法和本细则有关规定的，应当在专利公报上予以公布；国际申请以中文以外的文字提出的，应当公布申请文件的中文译文。

要求获得发明专利权的国际申请，由国际局以中文进行国际公布的，自国际公布日或者国务院专利行政部门公布之日起适用专利法第十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十三条
发明专利申请公布后，申请人可以要求实施其发明的单位或者个人支付适当的费用。
的规定；由国际局以中文以外的文字进行国际公布的，自国务院专利行政部门公布之日起适用专利法第十三条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十三条
发明专利申请公布后，申请人可以要求实施其发明的单位或者个人支付适当的费用。
的规定。

对国际申请，专利法第二十一条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十一条
国务院专利行政部门应当按照客观、公正、准确、及时的要求，依法处理有关专利的申请和请求。
国务院专利行政部门应当加强专利信息公共服务体系建设，完整、准确、及时发布专利信息，提供专利基础数据，定期出版专利公报，促进专利信息传播与利用。
在专利申请公布或者公告前，国务院专利行政部门的工作人员及有关人员对其内容负有保密责任。
和第二十二条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十二条
授予专利权的发明和实用新型，应当具备新颖性、创造性和实用性。
新颖性，是指该发明或者实用新型不属于现有技术；也没有任何单位或者个人就同样的发明或者实用新型在申请日以前向国务院专利行政部门提出过申请，并记载在申请日以后公布的专利申请文件或者公告的专利文件中。
创造性，是指与现有技术相比，该发明具有突出的实质性特点和显著的进步，该实用新型具有实质性特点和进步。
实用性，是指该发明或者实用新型能够制造或者使用，并且能够产生积极效果。
本法所称现有技术，是指申请日以前在国内外为公众所知的技术。
英文
中所称的公布是指本条第一款所规定的公布。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 132
For an international application claiming the patent right for invention, the administrative department for patent under the State Council shall, if considering it to be in conformity with relevant provisions in the Patent Law and these Rules after the preliminary examination, publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.
Where the international publication of an international application claiming for the patent right for invention is made by the International Bureau in Chinese, it shall be subject to Article 13 of the Patent Law from the date of international publication or from the date of publication by the administrative department for patent under the State Council; where the international publication is made by the International Bureau in a language other than Chinese, it shall be subject to Article 13 of the Patent Law from the date of publication by the administrative department for patent under the State Council.
For an international application, "publication" mentioned in Articles 21 and 22 of the Patent Law means the publication provided in Paragraph 1 of this Article.

第一百三十三条　国际申请包含两项以上发明或者实用新型的，申请人可以自进入日起，依照本细则第四十八条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第四十八条　一件专利申请包括两项以上发明、实用新型或者外观设计的，申请人可以在本细则第六十条第一款规定的期限届满前，向国务院专利行政部门提出分案申请；但是，专利申请已经被驳回、撤回或者视为撤回的，不能提出分案申请。
国务院专利行政部门认为一件专利申请不符合专利法第三十一条和本细则第三十九条或者第四十条的规定的，应当通知申请人在指定期限内对其申请进行修改；申请人期满未答复的，该申请视为撤回。
分案的申请不得改变原申请的类别。
第一款的规定提出分案申请。

在国际阶段，国际检索单位或者国际初步审查单位认为国际申请不符合专利合作条约规定的单一性要求时，申请人未按照规定缴纳附加费，导致国际申请某些部分未经国际检索或者未经国际初步审查，在进入中国国家阶段时，申请人要求将所述部分作为审查基础，国务院专利行政部门认为国际检索单位或者国际初步审查单位对发明单一性的判断正确的，应当通知申请人在指定期限内缴纳单一性恢复费。期满未缴纳或者未足额缴纳的，国际申请中未经检索或者未经国际初步审查的部分视为撤回。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 133
Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, file a division of application in accordance with the provisions of Rule 48, paragraph one of these Implementing Regulations.
If, in the International Phase, the International Searching Authority or the International Preliminary Examination Authority considers that the international application is not in conformity with the requirement of singularity provided in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee as provided, thus causing some parts of the international application to be the subject of international searching or international preliminary examination, the applicant requests that the said parts be the basis of examination at the time of entry into the National Phase in China. Where the administrative department for patent under the State Council considers that the decision on unity of invention made by the international retrieval entity or the international preliminary examination entity is justified, it shall notify the applicant to pay the fee for restoration of unity within a specified time limit. Where the said fee has not been paid or fully paid at the expiry of the time limit, the parts of the international application which have not undergone search or international preliminary examination shall be deemed to have been withdrawn.

第一百三十四条　国际申请在国际阶段被有关国际单位拒绝给予国际申请日或者宣布视为撤回的，申请人在收到通知之日起2个月内，可以请求国际局将国际申请档案中任何文件的副本转交国务院专利行政部门，并在该期限内向国务院专利行政部门办理本细则第一百二十条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第一百二十条　国际申请的申请人应当在专利合作条约第二条所称的优先权日（本章简称优先权日）起30个月内，向国务院专利行政部门办理进入中国国家阶段的手续；申请人未在该期限内办理该手续的，在缴纳宽限费后，可以在自优先权日起32个月内办理进入中国国家阶段的手续。
规定的手续，国务院专利行政部门应当在接到国际局传送的文件后，对国际单位作出的决定是否正确进行复查。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 134
Where, in the International Phase, an international application is refused by a relevant international entity to grant an international application date on it or is declared to be deemed to have been withdrawn, the applicant may, within 2 months from the date on which he or it receives the notice, request the International Bureau to transfer the copy of any document in the file of the international application to the administrative department for patent under the State Council. The administrative department for patent under the State Council shall, after receiving the documents transmitted by the International Bureau, re-examine whether the decision made by the international entity is correct.

第一百三十五条　基于国际申请授予的专利权，由于译文错误，致使依照专利法第六十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第六十四条
发明或者实用新型专利权的保护范围以其权利要求的内容为准，说明书及附图可以用于解释权利要求的内容。
外观设计专利权的保护范围以表示在图片或者照片中的该产品的外观设计为准，简要说明可以用于解释图片或者照片所表示的该产品的外观设计。
规定确定的保护范围超出国际申请的原文所表达的范围的，以依据原文限制后的保护范围为准；致使保护范围小于国际申请的原文所表达的范围的，以授权时的保护范围为准。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 135
With respect to the patent right granted upon the international application, if the scope of protection determined in accordance with Article 64 of the Patent Law has exceeded the scope expressed in the original text of the international application due to errors in the translation, the protection scope which is limited on the basis of the original text shall prevail; if the protection scope is narrower than the scope expressed in the original text of the international application due to such errors in the translation, the protection scope at the time of grant shall prevail.
Chapter XII Special Provisions on International Applications for Designs

第一百三十六条　国务院专利行政部门根据专利法第十九条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第十九条
任何单位或者个人将在中国完成的发明或者实用新型向外国申请专利的，应当事先报经国务院专利行政部门进行保密审查。保密审查的程序、期限等按照国务院的规定执行。
中国单位或者个人可以根据中华人民共和国参加的有关国际条约提出专利国际申请。申请人提出专利国际申请的，应当遵守前款规定。
国务院专利行政部门依照中华人民共和国参加的有关国际条约、本法和国务院有关规定处理专利国际申请。
对违反本条第一款规定向外国申请专利的发明或者实用新型，在中国申请专利的，不授予专利权。
第二款、第三款规定，处理按照工业品外观设计国际注册海牙协定（1999年文本）（以下简称海牙协定）提出的外观设计国际注册申请。

国务院专利行政部门处理按照海牙协定提出并指定中国的外观设计国际注册申请（简称外观设计国际申请）的条件和程序适用本章的规定；本章没有规定的，适用专利法及本细则其他各章的有关规定。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 136
The administrative department for patent under the State Council shall, in accordance with the provisions of Article 19 (2) and (3) of the Patent Law, handle the application for international registration of industrial designs filed in accordance with the Hague Agreement for the International Registration of Industrial Designs (1999 Text) (hereinafter referred to as the Hague Agreement).
The requirements and procedures of the administrative department for patent under the State Council for handling the international registration of designs filed in accordance with the Hague Agreement and designating China (hereinafter referred to as the international application for design) shall be governed by the provisions of this Chapter. Where there are no provisions in this Chapter, the relevant provisions in the Patent Law and other chapters of these Rules shall apply.

第一百三十七条　按照海牙协定已确定国际注册日并指定中国的外观设计国际申请，视为向国务院专利行政部门提出的外观设计专利申请，该国际注册日视为专利法第二十八条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十八条
国务院专利行政部门收到专利申请文件之日为申请日。如果申请文件是邮寄的，以寄出的邮戳日为申请日。
所称的申请日。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 137
Any international application for a design for which an international registration date has been fixed in accordance with the Hague Agreement and which has designated China shall be deemed to be an application for a patent for design filed with the patent administration department under the State Council. The international registration date shall be deemed to be the filing date referred to in Article 28 of the Patent Law.

第一百三十八条　国际局公布外观设计国际申请后，国务院专利行政部门对外观设计国际申请进行审查，并将审查结果通知国际局。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 138
After the publication of an international application for design by the International Bureau, the administrative department for patent under the State Council shall examine the international application for design and notify the International Bureau of the result of the examination.

第一百三十九条　国际局公布的外观设计国际申请中包括一项或者多项优先权的，视为已经依照专利法第三十条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第三十条
申请人要求发明、实用新型专利优先权的，应当在申请的时候提出书面声明，并且在第一次提出申请之日起十六个月内，提交第一次提出的专利申请文件的副本。
申请人要求外观设计专利优先权的，应当在申请的时候提出书面声明，并且在三个月内提交第一次提出的专利申请文件的副本。
申请人未提出书面声明或者逾期未提交专利申请文件副本的，视为未要求优先权。
的规定提出了书面声明。

外观设计国际申请的申请人要求优先权的，应当自外观设计国际申请公布之日起3个月内提交在先申请文件副本。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 139
Where the international application for a design published by the International Bureau contains one or more claims of priority, the written declaration shall be deemed to have been made in accordance with the provisions of Article 30 of the Patent Law.
Where the applicant of an international application for design claims the right of priority, he or she shall submit a copy of the earlier application documents within three months from the date of publication of the international application for design.

第一百四十条　外观设计国际申请涉及的外观设计有专利法第二十四条plugin-autotooltip__default plugin-autotooltip_big专利法(2020)

第二十四条
申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
（一）在国家出现紧急状态或者非常情况时，为公共利益目的首次公开的；
（二）在中国政府主办或者承认的国际展览会上首次展出的；
（三）在规定的学术会议或者技术会议上首次发表的；
（四）他人未经申请人同意而泄露其内容的。
第（二）项或者第（三）项所列情形的，应当在提出外观设计国际申请时声明，并自外观设计国际申请公布之日起2个月内提交本细则第三十三条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十三条　专利法第二十四条第（二）项所称中国政府承认的国际展览会，是指国际展览会公约规定的在国际展览局注册或者由其认可的国际展览会。
专利法第二十四条第（三）项所称学术会议或者技术会议，是指国务院有关主管部门或者全国性学术团体组织召开的学术会议或者技术会议，以及国务院有关主管部门认可的由国际组织召开的学术会议或者技术会议。
申请专利的发明创造有专利法第二十四条第（二）项或者第（三）项所列情形的，申请人应当在提出专利申请时声明，并自申请日起2个月内提交有关发明创造已经展出或者发表，以及展出或者发表日期的证明文件。
申请专利的发明创造有专利法第二十四条第（一）项或者第（四）项所列情形的，国务院专利行政部门认为必要时，可以要求申请人在指定期限内提交证明文件。
申请人未依照本条第三款的规定提出声明和提交证明文件的，或者未依照本条第四款的规定在指定期限内提交证明文件的，其申请不适用专利法第二十四条的规定。
第三款规定的有关证明文件。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 140
Where the design to which the international application relates falls under the provisions of Article 24, subparagraph (2) or (3) of the Patent Law, the applicant shall, when filing the international application for design, make a declaration and furnish the relevant certified documents prescribed in Rule 33, paragraph three of these Implementing Regulations within two months from the date of publication of the international application for design.

第一百四十一条　一件外观设计国际申请包括两项以上外观设计的，申请人可以自外观设计国际申请公布之日起2个月内，向国务院专利行政部门提出分案申请，并缴纳费用。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 141
Where an international application for a design contains two or more designs, the applicant may, within two months from the date of publication of the international application for design, file with the Patent Administration Department under the State Council a divisional application and pay the fee.

第一百四十二条　国际局公布的外观设计国际申请中包括含设计要点的说明书的，视为已经依照本细则第三十一条plugin-autotooltip__default plugin-autotooltip_big专利法实施细则(2023)

第三十一条　外观设计的简要说明应当写明外观设计产品的名称、用途，外观设计的设计要点，并指定一幅最能表明设计要点的图片或者照片。省略视图或者请求保护色彩的，应当在简要说明中写明。
对同一产品的多项相似外观设计提出一件外观设计专利申请的，应当在简要说明中指定其中一项作为基本设计。
申请局部外观设计专利的，应当在简要说明中写明请求保护的部分，已在整体产品的视图中用虚线与实线相结合方式表明的除外。
简要说明不得使用商业性宣传用语，也不得说明产品的性能。
的规定提交了简要说明。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 142
Where the international application for a design published by the International Bureau contains a specification containing key points of the design, the specification shall be deemed to have been filed in accordance with the provisions of Rule 31.

第一百四十三条　外观设计国际申请经国务院专利行政部门审查后没有发现驳回理由的，由国务院专利行政部门作出给予保护的决定，通知国际局。

国务院专利行政部门作出给予保护的决定后，予以公告，该外观设计专利权自公告之日起生效。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 143
Where it is found after examination of the international application for design by the administrative department for patent under the State Council that there is no cause for rejection, the administrative department for patent under the State Council shall make the decision to grant protection and notify the International Bureau of the same.
The decision to grant protection made by the patent administration department under the State Council shall be announced, and the patent right for design shall take effect as of the date of the announcement.

第一百四十四条　已在国际局办理权利变更手续的，申请人应当向国务院专利行政部门提供有关证明材料。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 144
Where the formalities for the change of rights have been completed in the International Bureau, the applicant shall submit the relevant certification materials to the administrative department for patent under the State Council.
Chapter XIII Supplementary Provisions

第一百四十五条　经国务院专利行政部门同意，任何人均可以查阅或者复制已经公布或者公告的专利申请的案卷和专利登记簿，并可以请求国务院专利行政部门出具专利登记簿副本。

已视为撤回、驳回和主动撤回的专利申请的案卷，自该专利申请失效之日起满2年后不予保存。

已放弃、宣告全部无效和终止的专利权的案卷，自该专利权失效之日起满3年后不予保存。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 145
Any person may, upon approval by the administrative department for patent under the State Council, inspect or copy the files of the published or announced patent applications and the Patent Register, and may request the administrative department for patent under the State Council to issue a copy of the Patent Register.
The files of patent applications which are deemed to have been withdrawn or which have been rejected or which have been voluntarily withdrawn shall not be preserved after the 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.

第一百四十六条　向国务院专利行政部门提交申请文件或者办理各种手续，应当由申请人、专利权人、其他利害关系人或者其代表人签字或者盖章；委托专利代理机构的，由专利代理机构盖章。

请求变更发明人姓名、专利申请人和专利权人的姓名或者名称、国籍和地址、专利代理机构的名称、地址和专利代理师姓名的，应当向国务院专利行政部门办理著录事项变更手续，必要时应当提交变更理由的证明材料。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 146
The application documents submitted to the administrative department for patent under the State Council and the formalities fulfilled shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives; where a patent agency is appointed, it shall be sealed by the patent agency.
Where a change of the name of the inventor, the name, nationality and address of the applicant or the patentee, or the name and address of the patent agency and the name of the patent agent is requested, a request for a change in the bibliographic data shall be made to the administrative department for patent under the State Council, and when necessary, supporting materials for the change shall be submitted.

第一百四十七条　向国务院专利行政部门邮寄有关申请或者专利权的文件，应当使用挂号信函，不得使用包裹。

除首次提交专利申请文件外，向国务院专利行政部门提交各种文件、办理各种手续的，应当标明申请号或者专利号、发明创造名称和申请人或者专利权人姓名或者名称。

一件信函中应当只包含同一申请的文件。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 147
The documents relating to a patent application or patent right which are mailed to the administrative department for patent under the State Council shall be mailed by registered letter and shall not be mailed by parcel.
Except for any patent application document submitted 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 application number or the patent number, the title of the invention-creation and the name of the applicant or the patentee shall be indicated.
A letter shall contain only the documents of the same application.

第一百四十八条　国务院专利行政部门根据专利法和本细则制定专利审查指南。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 148
The administrative department for patent under the State Council shall formulate the guidelines for patent examination in accordance with the Patent Law and these Rules.

第一百四十九条　本细则自2001年7月1日起施行。1992年12月12日国务院批准修订、1992年12月21日中国专利局发布的《中华人民共和国专利法实施细则》同时废止。 【英文】plugin-autotooltip__default plugin-autotooltip_bigImplementation Rules of the Patent Law of the People's Republic of China (machine translation)

Rule 149
These Rules shall enter into force as of July 1, 2001. The Rules for the Implementation 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 simultaneously.