What are the specific contents of the Patent Law Implementing Rules
"Patent Law Implementing Rules" 》The specific content is as follows:
Chapter 1 General Provisions
The first basis The "Patent Law of the People's Republic of China" (hereinafter referred to as the "Patent Law") formulates these detailed rules.
Article 2 The various procedures stipulated in the Patent Law and these Rules shall be handled in writing or in other forms prescribed by the patent administration department of the State Council.
Article 3: Various documents submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; if the state has unified scientific and technological terms, the standard shall be adopted words; if there is no unified Chinese translation of foreign names, place names and scientific and technological terms, the original text should be indicated.
If the various certificates and certification documents submitted in accordance with the provisions of the Patent Law and these Rules are in foreign languages, the Patent Administration Department of the State Council may require the parties to submit the documents when they deem it necessary. Attach the Chinese translation within the specified period; if it is not attached within the specified period, it will be deemed that the certificate and supporting documents have not been submitted.
Article 4 For various documents mailed to the Patent Administration Department of the State Council, the postmark date shall be the date of submission; the postmark date shall not be If it is clear, unless the party concerned can provide proof, the date of receipt by the Patent Administration Department of the State Council shall be the date of submission.
Various documents from the Patent Administration Department of the State Council can be delivered to the parties by mail, direct delivery or other means. If the party has entrusted a patent agency, the documents shall be sent to the patent agency; if the party has not entrusted a patent agency, the documents shall be sent to the contact person specified in the request.
For various documents mailed by the Patent Administration Department of the State Council, 15 days from the date of issuance of the document are presumed to be the date the party receives the document.
For documents that should be delivered directly according to the provisions of the Patent Administration Department of the State Council, the date of delivery shall be the date of delivery.
If the delivery address of the document is unclear and cannot be mailed, it can be served to the party through an announcement. The document will be deemed to have been served after one month from the date of announcement.
Article 5 The first day of the various periods stipulated in the Patent Law and these Rules shall not be counted in the period. If the period is calculated in years or months, the first day shall be calculated in terms of years or months. The corresponding day in the last month shall be the expiration date; if there is no corresponding day in that month, the last day of the month shall be the expiration date; if the expiration day is a statutory holiday, the first working day after the holiday shall be the expiry date. Day.
Article 6 If the party delays the deadline stipulated in the Patent Law or these Rules due to force majeure or the State Council Patent Administration If the time limit specified by the department results in the loss of rights, the person may request the patent administration department of the State Council to restore the rights within 2 months from the date when the obstacles are eliminated, and at the latest 2 years from the date of expiration of the time limit.
Except for the circumstances specified in the preceding paragraph, the party concerned delays the time limit specified in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to other legitimate reasons, resulting in If its rights are lost, it may request the patent administration department of the State Council to restore its rights within 2 months from the date of receipt of the notice from the patent administration department of the State Council.
If the party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and complete the corresponding procedures that should be completed before the loss of rights; in accordance with Anyone who requests restoration of rights under the provisions of paragraph 2 of this article shall also pay a request fee for restoration of rights.
The party requesting an extension of the designation from the Patent Administration Department of the State Council If the time limit expires, the reason shall be explained to the patent administration department of the State Council and the relevant procedures shall be completed before the expiration of the time limit.
The provisions of paragraphs 1 and 2 of this article shall not apply to Articles 24, 29, 42 and 6 of the Patent Law The time limit specified in Article 18.
Article 7 If a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and reviewed by the national defense patent agency ; If a patent application accepted by the Patent Administration Department of the State Council involves national defense interests and needs to be kept confidential, it shall be transferred to the National Defense Patent Agency for review in a timely manner. If no reason for rejection is found after examination by the National Defense Patent Agency, the Patent Administration Department of the State Council shall make a decision to grant a national defense patent.
If the patent administration department of the State Council believes that the invention or utility model patent application it accepts involves national security or major interests other than national defense interests and needs to be kept confidential, A decision to process a confidential patent application shall be made in a timely manner and the applicant shall be notified. Special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be prescribed by the patent administration department of the State Council.
Article 8 The invention or utility model completed in China as mentioned in Article 20 of the Patent Law refers to the invention or utility model in which the substantial content of the technical solution is completed in China. Utility model.
Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China shall follow one of the following methods: 1. Request the Patent Administration Department of the State Council to conduct a confidentiality review:
(1) Directly apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution If necessary, a request should be submitted to the Patent Administration Department of the State Council in advance and its technical solution should be explained in detail;
(2) To the Patent Administration Department of the State Council If you plan to apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution after applying for a patent, you should submit a request to the Patent Administration Department of the State Council before applying for a patent in a foreign country or submitting an international patent application to the relevant foreign institution.
Any submission of an international patent application to the Patent Administration Department of the State Council shall be deemed to have submitted a confidentiality review request at the same time.
Article 9 After receiving a request submitted in accordance with Article 8 of these Rules, the Patent Administration Department of the State Council deems that the invention or utility model may involve national security after review If the applicant's major interests need to be kept confidential, a confidentiality review notice shall be issued to the applicant in a timely manner; if the applicant does not receive a confidentiality review notice within 4 months from the date of submission of the request, the applicant may apply for a patent in a foreign country or file a patent application with a foreign country for the invention or utility model. Relevant foreign institutions submit international applications for patents.If the patent administration department of the State Council notifies a confidentiality review in accordance with the provisions of the preceding paragraph, it shall make a timely decision on whether confidentiality is required and notify the applicant . If the applicant does not receive a decision that confidentiality is required within 6 months from the date of submission of the request, the applicant may apply for a patent in a foreign country for the invention or utility model or submit an international patent application to the relevant foreign institution.
Article 10 "Inventions and creations that violate the law as mentioned in Article 5 of the Patent Law do not include inventions and creations whose implementation is prohibited by law only" inventions and creations.
Article 11 Except for the circumstances specified in Articles 28 and 42 of the Patent Law, the Patent The term “application date” mentioned in the Law refers to the priority date if there is priority.
The filing date mentioned in these rules, unless otherwise provided, refers to the date stipulated in Article 28 of the Patent Law Application date.
Article 12 "Service inventions and creations completed in the execution of the tasks of the unit" as mentioned in Article 6 of the Patent Law refer to ：
(1) Inventions and creations made in the course of one’s own work;
(2) Inventions and creations made by performing tasks other than the duties assigned by the unit;
(3) Inventions and creations made within one year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the work performed by the original unit or the tasks assigned by the original unit.
The unit referred to in Article 6 of the "Patent Law" includes temporary work units; the material and technical conditions of the unit referred to in Article 6 of the "Patent Law" include It refers to the unit’s funds, equipment, parts, raw materials, or technical data that are not open to the public.Article 13 The inventor or designer as mentioned in the Patent Law refers to the person who has made creative contributions to the substantive features of the invention. People who contribute. In the process of completing an invention and creation, a person who is only responsible for organizational work, a person who facilitates the utilization of material and technical conditions, or a person who engages in other auxiliary work is not the inventor or designer.
Article 14 In addition to the transfer of patent rights in accordance with Article 10 of the Patent Law, the patent rights are transferred for other reasons , the parties concerned shall go through the patent right transfer procedures with the patent administration department of the State Council on the basis of relevant certification documents or legal documents.
The patentee shall submit a patent license contract to the Patent Administration Department of the State Council within 3 months from the date when the contract takes effect. Filing.
If the patent right is pledged, the pledger and the pledgee shall jointly handle the registration of the pledge with the Patent Administration Department of the State Council.
Chapter 2 Patent Application
Article 15 If you apply for a patent in writing, you must submit the application documents in duplicate to the patent administration department of the State Council.
Applying for a patent in other forms prescribed by the patent administration department of the State Council shall comply with the prescribed requirements.
If the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department of the State Council, he shall submit a letter of authorization at the same time. Clearly entrust authority.
There are more than 2 applicants and no patent agency has been entrustedIf the applicant is an applicant, the first applicant specified in the request shall be the representative person, unless otherwise stated in the request.
Article 16 A request for an invention, utility model or design patent application shall state the following matters:
(1) The name of the invention, utility model or design;(2) If the applicant is a Chinese entity or individual, his or her name, address, postal code, organizational code or resident identity document number; if the applicant is a foreigner, a foreign enterprise or other foreign organization, his/her name Name, nationality or country or region of registration;
(3) Name of the inventor or designer;
(4) If the applicant entrusts a patent agency, the name and agency code of the entrusted agency, as well as the name and practice certificate of the patent agent designated by the agency Number, contact number;
(5) If priority is claimed, the applicant files a patent application for the first time (hereinafter referred to as the earlier application) )'s application date, application number and the name of the original accepting agency;
(6) Signature or stamp of the applicant or patent agency Chapter;
(7) Application document list;
(8) List of additional documents;
(9) Other relevant matters that need to be stated.
Article 17 The specification for an invention or utility model patent application shall state the name of the invention or utility model, which name shall be consistent with the request The names in the book are consistent. The instructions should include the following content:
(1) Technical field: State the technical field to which the technical solution requested to be protected belongs;
(2) Background technology: describe the background technology useful for understanding, retrieval, and examination of the invention or utility model; if possible, cite documents reflecting these background technologies;
(3) Invention content: state the technical problems to be solved by the invention or utility model and the technical solutions adopted to solve the technical problems, and compare them with the current situation Have the technology to describe the beneficial effects of the invention or utility model;
(4) Description of drawings: If the description has drawings, each A brief description of the accompanying drawings;
(5) Specific implementation methods: describe in detail the preferred method for realizing the invention or utility model that the applicant believes method; if necessary, give examples; if there are drawings, refer to the drawings.
An applicant for an invention or utility model patent shall write a description in the manner and order specified in the preceding paragraph, and write in front of each part of the description Title, unless the nature of the invention or utility model can be written in another way or order to save the length of the description and enable others to accurately understand the invention or utility model.
The description of the invention or utility model should use standardized words and clear sentences, and shall not use words such as the claims..." Category 1 quotations are not allowed to use commercial promotional terms.
Invention patent application contains one or more nucleotides or amino acids sequence, the description shall include a sequence listing that complies with the provisions of the Patent Administration Department of the State Council. The applicant shall submit the sequence listing as a separate part of the description, and submit a copy of the sequence listing in computer-readable form in accordance with the provisions of the Patent Administration Department of the State Council. .
The specification for a utility model patent application shall have an indication of the shape, structure or other features of the product claimed to be protected.Combined drawings.
Article 18 The drawings of an invention or utility model shall be numbered in the order of Figure 1, Figure 2,..." .
Reference signs not mentioned in the text part of the description of the invention or utility model shall not appear in the drawings, and the reference signs not mentioned in the drawings shall not appear in the accompanying drawings. The reference signs appearing in the description shall not be mentioned in the text part of the description. The reference signs indicating the same component in the application documents shall be consistent.
Except for necessary words, the drawings shall contain no other annotations.
Article 19 The claim shall state the invention or Technical characteristics of utility models.
If there are several claims in the claim, they should be numbered sequentially with Arabic numerals.
The scientific and technical terms used in the claims should be consistent with those used in the description, and may have chemical or mathematical formulas, but shall not have illustrations. Except Except where absolutely necessary, the terms "as described in the... section of the manual or as shown in the figure..." shall not be used.
Rights The technical features in the claims can refer to the corresponding signs in the drawings of the specification. The signs should be placed after the corresponding technical features and placed in parentheses to facilitate the understanding of the claims. The reference signs shall not be interpreted as limitations on the claims.
Article 20 A claim shall have independent claims and may also have dependent claims.
The independent claim should reflect the technical solution of the invention or utility model as a whole and record the necessary technical features to solve the technical problem.
Dependent claims should use additional technical features to further qualify the cited claims.
Article 21 The independent claim of an invention or utility model shall include a preamble and a characteristic part, and shall be drafted in accordance with the following provisions:
(1) Preamble: State the subject name of the claimed invention or utility model technical solution and the common features between the invention or utility model subject and the closest existing technology Necessary technical characteristics;
(2) Characteristics part: Use its characteristics to be..." or similar terms to indicate the invention or utility The technical characteristics of a new type that distinguish it from the nearest existing technology. These features, together with the features stated in the preamble, define the scope of protection claimed for the invention or utility model.
If the nature of the invention or utility model is not suitable for expression in the preceding paragraph, the independent claim may be drafted in other ways.
An invention or utility model shall have only one independent claim, which shall be written before the dependent claims of the same invention or utility model.
Article 22 The dependent claims of an invention or utility model shall include a quotation part and a qualification part, and shall be drafted in accordance with the following provisions:
(1) Reference part: indicate the number of the cited claim and its subject name;
(2) Qualified part: State the additional technical features of the invention or utility model.
Dependent claims can only refer to previous claims. Multiple dependent claims that cite two or more claims can only cite the previous claim in an alternative way and cannot serve as the basis for another multiple dependent claim.
Article 23 The abstract of the specification shall state a summary of the content disclosed in the invention or utility model patent application, that is, state the invention or utility model patent application. practicalThe name of the new type and the technical field it belongs to, and clearly reflect the technical problem to be solved, the key points of the technical solution to solve the problem, and the main purpose.
The abstract of the description may include the chemical formula that best explains the invention; for patent applications with drawings, a drawing that best explains the invention should also be provided. Drawings showing the technical features of the invention or utility model. The size and clarity of the attached drawing should ensure that when the drawing is reduced to 4 cm × 6 cm, each detail in the drawing can still be clearly distinguished. The text part of the abstract must not exceed 300 words. Commercial promotional terms may not be used in the abstract.
Article 24: The invention applied for a patent involves new biological materials, which are not available to the public, and the biological materials If the description is insufficient to enable a person skilled in the field to implement the invention, in addition to complying with the relevant provisions of the Patent Law and these Rules, the applicant shall also go through the following procedures:
(1) Submit the sample of the biological material to a depository unit recognized by the patent administration department of the State Council before the application date or at the latest on the application date (if there is priority, the priority date) Preservation, and the preservation certificate and survival certificate issued by the preservation unit shall be submitted at the time of application or at the latest within 4 months from the date of application; if the certificate is not submitted upon expiration of the period, the sample will be deemed not to have been submitted for preservation;
(2) Provide information on the characteristics of the biological material in the application documents;
(3) A patent application involving the preservation of biological material samples shall state in the request and description the classification and naming of the biological material (indicate the Latin name), the name and address of the unit where the biological material sample is preserved , preservation date and preservation number; if it is not specified when applying, it shall be supplemented and corrected within 4 months from the application date; if it is not supplemented and corrected after the expiration of the time limit, it shall be deemed that it has not been submitted for deposit.
Article 25 If an applicant for an invention patent preserves biological material samples in accordance with the provisions of Article 24 of these Rules, the invention patent After the patent application is published, any unit or individual that needs to use the biological materials involved in the patent application for experimental purposes shall submit a request to the patent administration department of the State Council and specify the following matters:
(1) The name or name and address of the requester;
(2) Do not provide the biometric to any other person Guarantee of materials;
(3) Guarantee that it will only be used for experimental purposes before the patent right is granted.
Article 26: Genetic resources as mentioned in the Patent Law refer to those obtained from humans, animals, plants or microorganisms that contain genetic functional units and have practical Or materials of potential value; the inventions and creations that rely on genetic resources as mentioned in the Patent Law refer to inventions and creations that make use of the genetic functions of genetic resources.
When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department of the State Council.
Article 27: Applicants requesting color protection shall submit color pictures or photos.
The applicant shall submit relevant pictures or photos of the content that each design product needs to protect.
Article 20 Article 8 The brief description of the design shall state the name and purpose of the design product, the design key points of the design, and specify a picture or photo that best illustrates the design key points. If the view is omitted or the color protection is requested, the brief description shall State it in.
If a design patent application is filed for multiple similar designs of the same product, it should be stated in the brief description. Designate one of these as the basic design.
The brief description must not use commercial promotional language or be used to describe the performance of the product.
Article 29 When the patent administration department of the State Council deems it necessary, it may require application for a design patent.Invite people to submit product samples or models using the design. The volume of the sample or model shall not exceed 30 cm × 30 cm × 30 cm, and the weight shall not exceed 15 kg. Perishable, fragile or dangerous goods shall not be submitted as samples or models.
Article 30: International exhibitions recognized by the Chinese government as referred to in Article 24(1) of the Patent Law , refers to an international exhibition registered with or recognized by the Bureau International des Expositions as stipulated in the Convention on International Exhibitions.
The academic conference or technical conference referred to in Article 24(2) of the "Patent Law" refers to the relevant supervisory meeting of the State Council Academic conferences or technical conferences organized by departments or national academic groups.
The invention-creation for which the patent is applied for falls within the scope of Item (1) or (2) of Article 24 of the Patent Law. In the following circumstances, the applicant shall declare when filing a patent application and submit within 2 months from the date of application that the relevant inventions and creations issued by the organizing unit of the relevant international exhibition or academic conference or technical conference have been exhibited or published, and that the exhibition Documents proving the date of issue or publication.
If the invention-creation for which a patent is applied for falls under the circumstances listed in Article 24(3) of the Patent Law, the State Council Patent When the administrative department deems it necessary, it may require the applicant to submit supporting documents within a specified period.
The applicant fails to make a statement and submit supporting documents in accordance with the provisions of paragraph 3 of this article, or fails to comply with the provisions of paragraph 4 of this article If supporting documents are submitted within the specified time limit, the provisions of Article 24 of the Patent Law shall not apply to the application.
Article 31 If the applicant claims foreign priority in accordance with the provisions of Article 30 of the Patent Law, the applicant shall submit Copies of the prior application documents must be certified by the original acceptance agency. In accordance with the agreement signed between the patent administration department of the State Council and the acceptance agency, if the patent administration department of the State Council obtains a copy of the prior application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the prior application document certified by the acceptance agency. If the applicant requests the priority of his or her country and states the filing date and application number of the earlier application in the request, it shall be deemed that a copy of the earlier application document has been submitted.
If priority is requested, but one or two of the filing date, application number and name of the original acceptance agency of the earlier application are omitted or incorrectly entered in the request, the Patent Administration of the State Council shall The department shall notify the applicant to make corrections within the specified period; if no correction is made within the time limit, it shall be deemed that the right of priority has not been claimed.
Requesting the right of priority If the name of the applicant is inconsistent with the name of the applicant recorded in the copy of the earlier application document, documentation proving the transfer of priority shall be submitted. If such documentation is not submitted, priority shall be deemed not to have been claimed.
The applicant for a design patent application claims foreign priority and his or her earlier application does not include a brief description of the design. Article 28 stipulates that if the brief description submitted does not exceed the scope of the pictures or photos of the earlier application document, it will not affect its enjoyment of priority.
Article 32 An applicant may claim one or more priorities in a patent application; if multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.
If the applicant requires the priority of his or her own country and the earlier application is an invention patent application, he or she may file an invention or utility model patent application on the same subject. ; If the earlier application is a utility model patent application, you can file a utility model or invention patent application on the same subject matter. However, when filing a later application, if the subject matter of the earlier application falls into any of the following circumstances, it shall not be used as a claim for domestic priority. Basis:
(1) Has claimed foreign priority or domestic priority;
(2) Patent rights have been granted;
(3) Belonging to the Where a divisional application filed under the provisions of It will be deemed withdrawn from now on.
Article 33 If an applicant without a habitual residence or business office in China applies for a patent or claims foreign priority, the patent administration department of the State Council may require the applicant to provide the following documents when it deems it necessary:
(1) The applicant is an individual and his or her nationality is certified;
(2) If the applicant is an enterprise or other organization, documents proving the country or region in which it is registered;
(3) Documents proving that the applicant’s country recognizes that Chinese entities and individuals can enjoy patent rights, priority rights and other patent-related rights in that country under the same conditions as nationals of that country.
Article 34 In accordance with the provisions of Article 31, Paragraph 1 of the Patent Law, a patent application that can be filed as one belongs to one Two or more inventions or utility models with a general inventive concept should be technically related to each other and contain one or more identical or corresponding specific technical features, where the specific technical features refer to each invention or utility model as a whole. Technical features that contribute to the existing technology.
Article 35 In accordance with Article 31 of the Patent Law 2 Paragraph stipulates that if multiple similar designs for the same product are filed as one application, the other designs for the product should be similar to the basic design specified in the brief description. The number of similar designs in one design patent application shall not exceed 10 Item.
Two products of the same category as mentioned in Paragraph 2 of Article 31 of the "Patent Law" and sold or used in sets More than one design means that the products belong to the same category in the classification table, are customarily sold at the same time or used at the same time, and the appearance designs of each product have the same design concept.
If two or more designs are filed as one application, the sequential numbers of each design should be marked before the name of each picture or photo of each design product.
Article 36 If the applicant withdraws his patent application, he shall submit a statement to the patent administration department of the State Council, stating the name of the invention, application number and filing date.
The statement of withdrawal of the patent application was made after the Patent Administration Department of the State Council had made preparations for printing the patent application documents, and the application documents were still shall be published; however, the statement of withdrawal of the patent application shall be announced in the patent gazette published later.
Chapter 3 Review and Approval of Patent Applications
Article 37 During the preliminary examination, substantive examination, reexamination and invalidation declaration procedures, if the personnel conducting the examination and hearing fall into any of the following circumstances, they shall withdraw themselves, and the parties or other interested parties may request that they Avoidance:
(1) A close relative of the party or his agent;
(2) Interested in patent application or patent rights;
( 3) Having other relationships with the parties or their agents, which may affect fair review and trial;
(4) Members of the Patent Reexamination Board Participated in the review of the original application.
Article 38 The patent administration department of the State Council receives a request and instructions for an invention or utility model patent application (utility models must include Drawings) and claims, or a request for a design patent application, pictures or photos of the design and a brief description, the filing date shall be clarified, an application number shall be given, and the applicant shall be notified.
Article 39: If a patent application document has any of the following circumstances, the patent administration department of the State Council will not accept the application and notify the applicant ：
(1) Lack of request for invention or utility model patent applicationThe design patent application lacks a request letter, pictures or photos, or a brief description;
(2) Not using Chinese;
(3) Not complying with Article 121 of these Rules As stipulated in the first paragraph of Article;
(4) The applicant's name or address is missing in the request;
(4) The applicant's name or address is missing in the request; p>
(5) Obviously does not comply with the provisions of Article 18 or Article 19, Paragraph 1 of the Patent Law;
(6) The patent application category (invention, utility model or design) is unclear or difficult to determine.
Article 40 If the description of the drawings is written but there are no drawings or part of the drawings are missing, the applicant shall Submit additional drawings or declare to cancel the description of the drawings within the time limit specified by the patent administration department of the State Council. If the applicant submits supplementary drawings, the date of submission or mailing of the drawings to the Patent Administration Department of the State Council shall be the date of application; if the description of the drawings is cancelled, the original filing date shall be retained.
Article 41 Two or more applicants have the same date (referring to the filing date; if there is priority, it refers to the priority date) If you apply for patents for the same invention and creation separately, you must negotiate and determine the applicant after receiving a notice from the patent administration department of the State Council.
If the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day (referring to the filing date), he shall When applying, it should be stated that another patent has been applied for the same invention-creation; if there is no explanation, it shall be handled in accordance with the provisions of Article 9, Paragraph 1 of the Patent Law, which stipulates that only one patent right can be granted for the same invention-creation.
When the patent administration department of the State Council announces the grant of a utility model patent, it shall announce that the applicant has also applied for an invention in accordance with the provisions of paragraph 2 of this article. Specializeprofit description.
If no reason for rejection is found after examination of the invention patent application, the patent administration department of the State Council shall notify the applicant to declare abandonment of the utility model patent within the prescribed period. right. If the applicant declares that he has given up the utility model patent right, the patent administration department of the State Council shall make a decision to grant the invention patent right and announce the applicant's statement of giving up the utility model patent right when announcing the grant of the invention patent right. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the invention patent application; if the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn.
Utility model patent rights shall terminate on the date of announcement of the grant of invention patent rights.
Article 42 of the "Patent Law Implementing Rules" If a patent application includes two or more inventions, utility models or designs, the applicant may file a divisional application with the patent administration department of the State Council before the expiration of the time limit specified in Paragraph 1 of Article 54 of these Rules; however, patent If the application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.
The Patent Administration Department of the State Council believes that a patent application does not comply with Article 31 of the Patent Law and Article 34 of these Rules Article 35 or Article 35, the applicant shall be notified to modify the application within the specified period; if the applicant fails to respond within the time limit, the application shall be deemed to have been withdrawn.
The divisional application shall not change the category of the original application.
Article 43 A divisional application filed in accordance with Article 42 of these Rules may retain the original filing date and enjoy the If the application has priority, the priority date may be retained, but it shall not exceed the scope recorded in the original application.
Relevant procedures for divisional applications shall be handled in accordance with the provisions of the Patent Law and these Rules.
The request for a divisional application shall indicate the application number and filing date of the original application. When submitting a divisional application, the applicant should submitSubmit a copy of the original application documents; if the original application enjoys priority, a copy of the priority document of the original application should be submitted.
Article 44 The preliminary examination mentioned in Article 34 and Article 40 of the Patent Law refers to the examination Whether the patent application has the documents specified in Article 26 or Article 27 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and the following items shall be reviewed:
(1) Whether the invention patent application obviously falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, and whether it does not comply with Article 10 of the Patent Law Whether the provisions of Article 8, Paragraph 1 of Article 19, Paragraph 1 of Article 20, or Paragraph 2 of Article 16 and Article 26 of these Rules are obviously inconsistent with Article 2, Paragraph 2 of the Patent Law? Paragraph 5, Paragraph 5 of Article 26, Paragraph 1 of Article 31, Article 33 or Articles 17 to 21 of these Rules;
(2) Whether the utility model patent application obviously falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, and whether it does not comply with Article 10 of the Patent Law Whether the provisions of Article 8, Paragraph 1 of Article 19, Paragraph 1 of Article 20, or Articles 16 to 19, 21 to 23 of these Rules are obviously inconsistent with the " Patent Law, Article 2, Paragraph 3, Article 22, Paragraph 2, Paragraph 4, Article 26, Paragraph 3, Paragraph 4, Article 31, Paragraph 1, Article 33 Or whether the provisions of Article 20 and Paragraph 1 of Article 43 of these Rules mean that patent rights cannot be obtained in accordance with Article 9 of the Patent Law;
(3) Whether the design patent application obviously falls within the circumstances specified in Article 5 of the Patent Law and Article 25, Paragraph 1, Item (6), and whether it does not comply with Article 2 of the Patent Law. Whether the provisions of Article 18, Paragraph 1 of Article 19 or Articles 16, 27 and 28 of these Rules are obviously inconsistent with Article 2, Paragraph 4 and 2 of the Patent Law? Whether the provisions of paragraph 1 of Article 13, paragraph 2 of Article 27, paragraph 2 of Article 31, Article 33 or paragraph 1 of Article 43 of these Rules are in accordance with the Patent Law Article 9 stipulates that patent rights cannot be obtained;
(4) Whether the application documents comply with Article 2 and Article 3 of these Rules payment provisions.
State affairsThe patent administration department of the Academy shall notify the applicant of the examination opinions and require him to state his opinions or make corrections within a specified time limit; if the applicant fails to respond within the time limit, his application shall be deemed to have been withdrawn. After the applicant has stated its opinions or made corrections, if the patent administration department of the State Council still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.
Article 45 In addition to the patent application documents, other documents related to the patent application submitted by the applicant to the patent administration department of the State Council If any of the following circumstances occurs, it will be deemed to have not been submitted:
(1) The prescribed format is not used or the filling is not in compliance with the regulations;
(2) Failure to submit supporting materials in accordance with regulations.
The patent administration department of the State Council shall notify the applicant of the examination opinions deemed to have not been submitted.
Article 46 If an applicant requests early publication of its invention patent application, it shall make a statement to the patent administration department of the State Council. After the patent administration department of the State Council conducts a preliminary examination of the application, it shall immediately publish the application unless it is rejected.
Article 47 If the applicant specifies the product using the design and its category, the applicant shall use the patent information published by the Patent Administration Department of the State Council. Design product classification table. If the category of the product using the design is not stated or the category written is inaccurate, the patent administration department of the State Council may supplement or amend it.
Article 48 From the date of publication of the invention patent application to the date of announcement of the grant of the patent right, any person may For patent applications that comply with the provisions of the Patent Law, submit opinions to the Patent Administration Department of the State Council and explain the reasons.
Article 49: An applicant for an invention patent is unable to submit a search stipulated in Article 36 of the Patent Law due to legitimate reasons If there is any information or examination result information, a statement shall be made to the patent administration department of the State Council, and the relevant information shall be submitted after the relevant information is obtained.
Article 50 When the patent administration department of the State Council conducts a self-examination of a patent application in accordance with the provisions of Article 35, Paragraph 2 of the Patent Law, it shall notify the applicant.
Article 51 An applicant for an invention patent shall enter a substantive examination when submitting a request for substantive examination and upon receiving an invention patent application issued by the patent administration department of the State Council. Within 3 months from the date of the stage notice, you can actively propose modifications to the invention patent application.
Utility model or design patent Applicants may voluntarily propose modifications to utility model or design patent applications within 2 months from the filing date.
The applicant is in If a patent application document is modified after receiving an examination opinion notice issued by the Patent Administration Department of the State Council, the modifications shall be made to address the defects pointed out in the notice.
The Patent Administration Department of the State Council may correct obvious errors in words and symbols in patent application documents on its own initiative. If the Patent Administration Department of the State Council makes corrections on its own initiative, it shall notify the applicant.
Article 52: In the modification part of the description or claims of an invention or utility model patent application, except for the modification or addition or deletion of individual words, replacement pages shall be submitted in the prescribed format. Pictures of design patent applications or modification of photos, replacement pages should be submitted in accordance with regulations.
Article 53 In accordance with Article 38 of the Patent Law According to the provisions of the Patent Law, the circumstances under which an invention patent application should be rejected after substantive examination are:
(1) The application falls within Article 1 of the Patent Law The circumstances specified in Article 5 and Article 25, or the patent right cannot be obtained in accordance with Article 9 of the "Patent Law";
(2) The application does not comply with Article 2, Paragraph 2, Article 20, Paragraph 1, Article 22, Article 26, Paragraph 3, Paragraph 4, Paragraph 5, and Article 26 of the Patent Law The first paragraph of Article 31 or the second paragraph of Article 20 of these Rules;
(3) The amendment of the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Article 43 of these Rules stipulated in the first paragraph.
Article 54: After the patent administration department of the State Council issues a notice granting patent rights, the applicant shall start from the date of receipt of the notice Complete registration procedures within 2 months. If the applicant completes the registration procedures on time, the patent administration department of the State Council shall grant the patent right, issue a patent certificate, and make an announcement.
Failure to complete the registration procedures upon expiration shall be deemed to have given up the right to obtain patent rights.
Article 55: If no reason for rejection is found after examination of a confidential patent application, the patent administration department of the State Council shall make a decision to grant a confidential patent right. Decide to issue a confidential patent certificate and register matters related to confidential patent rights.
After the decision to grant a utility model or design patent is announced in Article 56, Article 60 of the Patent Law stipulates The patentee or interested party may request the patent administration department of the State Council to make a patent right evaluation report.
When requesting a patent evaluation report, a request for a patent evaluation report shall be submitted, indicating the patent number. Each request should be limited to one patent right.
If the request for patent right evaluation report does not comply with the regulations, the patent administration department of the State Council shall notify the requester to make corrections within the specified time limit; the requester If no correction is made upon expiration of the time limit, the request will be deemed not to have been made.
Article 57 The patent administration department of the State Council shall make a patent right evaluation within 2 months after receiving the request for a patent right evaluation report Report. If multiple claimants request a patent right evaluation report for the same utility model or design patent right, the patent administration department under the State Council will only make one patent right evaluation report. Any unit or individual may review or copy the patent evaluation report.
Article 58 The patent administration department of the State Council shall promptly correct errors in patent announcements and patent pamphlets once they are discovered, and announce the corrections.
Chapter 4 Review of Patent Applications and Invalidation of Patent Rights
Chapter 50 The Nine-Article Patent Reexamination Committee is composed of technical experts and legal experts designated by the Patent Administration Department of the State Council, and the chairman is concurrently served by the person in charge of the Patent Administration Department of the State Council.
Article 60: Anyone who requests a reexamination to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law shall submit a request for reexamination, explain the reasons, and attach relevant evidence when necessary.
If the reexamination request does not comply with the provisions of Article 19, Paragraph 1 or Article 41, Paragraph 1 of the Patent Law, the Patent Reexamination Board will not Accept the request, notify the reexamination requester in writing and explain the reasons.If the reexamination request does not comply with the prescribed format, the reexamination requester shall Make corrections within the time limit specified by the committee; if no correction is made within the time limit, the request for review shall be deemed not to have been made.
Article 61 Request A person may modify the patent application documents when making a request for reexamination or responding to the reexamination notice issued by the Patent Reexamination Board; however, the modification shall be limited to eliminating the defects pointed out in the rejection decision or the reexamination notice.
Modified patent application documents should be submitted in duplicate.
Art. Article 62 The Patent Reexamination Board shall transfer the accepted reexamination request to the original examination department of the Patent Administration Department of the State Council for review. If the original examination department agrees to revoke the original decision at the request of the reexamination requester, the Patent Reexamination Board shall make a reexamination decision accordingly. , and notify the reexamination requester.
Article 63: After the reexamination, the Patent Reexamination Board considers that the reexamination request is inconsistent withIf the relevant provisions of the Patent Law and these Rules are complied with, the reexamination requester shall be notified and required to state his opinions within a specified time limit. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision to uphold the original rejection decision.
After the Patent Reexamination Board conducts a reexamination, it believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Rules, or that it has been If the revised patent application document eliminates the defects pointed out in the original rejection decision, the original rejection decision shall be revoked and the original examination department shall continue the examination process.
Article 64 The reexamination requester may withdraw his reexamination request before the Patent Reexamination Board makes a decision.
If the reexamination requester withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure will be terminated.
Article 65 In accordance with the provisions of Article 45 of the Patent Law, a request is made to declare the patent right invalid or partially invalid. , a request for invalidation of the patent right and necessary evidence in duplicate shall be submitted to the Patent Reexamination Board. The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based.
The reason for the invalidation request referred to in the preceding paragraph refers to the fact that the invention-creation for which the patent is granted does not comply with Article 2 of the Patent Law , Article 20, paragraph 1, Article 22, Article 23, Article 26, paragraph 3, paragraph 4, Article 27, paragraph 2, Article 33 or this The provisions of Paragraph 2 of Article 20 and Paragraph 1 of Article 43 of the Rules either fall under the provisions of Articles 5 and 25 of the Patent Law, or cannot be obtained in accordance with the provisions of Article 9 of the Patent Law. patent.
Article 66: A request for invalidation of patent rights does not comply with Article 19, Paragraph 1, of the Patent Law or Article 1 of these Rules Article 65 shall not be accepted by the Patent Reexamination Board.
After the Patent Reexamination Board made a decision on the request for invalidation, it filed another request for invalidation with the same reasons and evidence.If a request is made for invalidation, the Patent Reexamination Board will not accept the application.
Request to declare the design patent right invalid on the grounds that it does not comply with the provisions of Article 23, Paragraph 3 of the Patent Law, However, if no evidence proving conflict of rights is submitted, the Patent Reexamination Board will not accept the application.
If the request for invalidation of patent rights does not comply with the prescribed format, the invalidation requester shall make corrections within the time limit designated by the Patent Reexamination Board; If no correction is made upon expiration of the time limit, the request for invalidation shall be deemed to have not been made.
Article 67: After the Patent Reexamination Board accepts a request for invalidation, the requester may 1 Add reasons or supplement evidence within one month. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it.
Article 68 The Patent Reexamination Board shall send copies of the request for invalidation of the patent right and relevant documents to the patentee, They are required to state their opinions within a specified period of time.
The patentee and the invalidation requester shall respond to the document transfer notice or invalidation request issued by the Patent Reexamination Board within the specified period. Examination notice; failure to respond within the time limit will not affect the Patent Reexamination Board's proceedings.
Article 69 During the review process of a request for invalidation, the patentee of an invention or utility model patent may modify his rights request, but shall not expand the scope of protection of the original patent.
The patentee of an invention or utility model patent may not modify the patent description and drawings, and the patentee of a design patent may not modify the pictures. , photos and brief description.
Article 70 The Patent Reexamination Board may decide to conduct an oral hearing on a request for invalidation based on the request of the party or the needs of the case.
The Patent Reexamination Board decided to invalidateIf an oral hearing is requested, an oral hearing notice shall be issued to the parties, informing the parties of the date and place of the oral hearing. The parties concerned shall respond within the time limit specified in the notice.
The invalidation requester did not respond to the oral hearing notice issued by the Patent Reexamination Board within the specified period, and did not participate in the oral hearing. , the request for invalidation shall be deemed to have been withdrawn; if the patentee does not participate in the oral hearing, it may be heard in absentia.
Article 71 During the review procedure for a request for invalidation, the time limit specified by the Patent Reexamination Board shall not be extended.
Article 72 Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request.
If before the Patent Reexamination Board makes a decision, the invalidation requester withdraws his request or his invalidation request is deemed to have been withdrawn, the invalidation declaration Request that the review process be terminated. However, if the Patent Reexamination Board believes that it can make a decision to declare the patent right invalid or partially invalid based on the examination work that has been carried out, the examination procedure will not be terminated.
Chapter 5 Compulsory License for Patent Implementation
Article 73 The term "failure to fully implement its patent" as mentioned in Article 48 (1) of the Patent Law means that the patentee and its licensee do not implement their patent in a manner or on a scale that meets the requirements. Domestic demand for patented products or patented methods.
The drugs that have obtained patent rights as mentioned in Article 50 of the Patent Law refer to the pharmaceutical fields needed to solve public health problems. Any patented product or product directly obtained according to a patented method, including the patented active ingredients required for the manufacture of the product and the diagnostic supplies required for the use of the product.
Article 74 To request compulsory license, a request for compulsory license shall be submitted to the patent administration department of the State Council, stating the reasons and attaching Have relevant supporting documents.
The Patent Administration Department of the State Council shall send a copy of the request for compulsory license to the patentee, and the patentee shall state his opinions within the time limit specified by the Patent Administration Department of the State Council; if there is no reply within the time limit, , does not affect the decision made by the Patent Administration Department of the State Council.
The Patent Administration Department of the State Council makes a decision to reject a request for compulsory license or grant a compulsory license. Before making a decision, the applicant and the patentee shall be notified of the decision to be made and the reasons.
The Patent Administration Department of the State Council shall, in accordance with the Patent Law "The decision to grant a compulsory license in accordance with the provisions of Article 50 shall also comply with the provisions of the relevant international treaties that China has concluded or participated in regarding the granting of compulsory licenses for the purpose of solving public health problems, except where China has made reservations.
Article 75 In accordance with the provisions of Article 57 of the Patent Law, when requesting the patent administration department of the State Council to rule on the amount of royalties, the party concerned shall submit A request for adjudication, accompanied by documents proving that the two parties cannot reach an agreement. The patent administration department of the State Council shall make a ruling within 3 months from the date of receipt of the request and notify the parties.Chapter 6 Rewards and remuneration for inventors or designers of service-based inventions
Article 76 The unit that is granted a patent right may agree with the inventor or designer or stipulate in its rules and regulations formulated in accordance with the law the method and amount of rewards and remuneration specified in Article 16 of the Patent Law.
Rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the relevant national financial and accounting system regulations.
Article 77 The unit that is granted the patent right has not agreed with the inventor or designer nor has it followed the rules and regulations formulated by it in accordance with the law. If the method and amount of rewards specified in Article 16 of the Patent Law are stipulated in the patent, the bonus shall be paid to the inventor or designer within 3 months from the date of announcement of the patent right. The minimum bonus for an invention patent shall not be less than 3,000 yuan; the minimum bonus for a utility model patent or design patent is not less than 1000 yuan.
For inventions and creations completed because the suggestions of the inventor or designer are adopted by the unit to which they belong, the unit that is granted the patent right shall be given priority. Give bonuses.
Article 78: The unit granted the patent right has not agreed with the inventor or designer, nor has it included in the regulations formulated by it in accordance with the law. If the system stipulates the form and amount of remuneration specified in Article 16 of the Patent Law, within the validity period of the patent right, after the invention-creation patent is implemented, an amount shall be withdrawn every year from the operating profits of the implementation of the invention or utility model patent. Less than 2% or no less than 0.2% is extracted from the operating profits from the implementation of the design patent and given to the inventor or designer as remuneration, or a one-time remuneration is given to the inventor or designer with reference to the above ratio; the patent is granted If the unit that owns the patent licenses other units or individuals to exploit its patent, it shall withdraw no less than 10% of the royalties collected and give it to the inventor or designer as remuneration.
Chapter 7 Protection of Patent Rights
Article 79 The "patent law" and these detailed rules refer to the departments that manage patent work, which refers to the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as the people of districted cities with a large workload of patent management and the ability to actually handle it. A department established by the government to manage patent work.
Article 80 The patent administration department of the State Council shall handle patent infringement disputes, investigate patent counterfeiting, and mediate patent affairs with the departments that manage patent work. Provide business guidance on disputes.
It is under the jurisdiction of the department that manages patent work.
For patent disputes that have jurisdiction over two or more patent management departments, the parties may file a complaint with one of the patent management departments. Request; if a party makes a request to two or more patent management departments with jurisdiction, the patent management department that first accepts the request shall have jurisdiction.
If there is a dispute over jurisdiction between the departments that manage patent work, the patent administrative department of their common superior people's government shall designate the jurisdiction; if there is no common superior people's government administrative department for patent work, the patent administration department of the State Council shall Designated jurisdiction.
Article 82: In the process of handling patent infringement disputes, the respondent files a request for invalidation and the patent is reviewed. If the committee accepts the application, it may request the department that manages patent work to suspend the processing.
The department that manages patent work considers the reasons for suspension proposed by the respondent If it is obviously untenable, the processing may not be suspended.
Article 83 The patentee shall, in accordance with Article 17 of the Patent Law According to the provisions of the regulations, if a patent mark is marked on its patented product or the packaging of the product, it shall be marked in the manner prescribed by the patent administration department of the State Council.
If the patent mark does not comply with the provisions of the preceding paragraph, the department managing patent work shall order it to make corrections.
Article 84 The following The behavior falls under the act of counterfeiting a patent as stipulated in Article 63 of the Patent Law:
(1) When the patent right has not been granted Mark the patent logo on the product or its packaging, continue to mark the product or its packaging with the patent logo after the patent right has been declared invalid or terminated, or mark the patent number of another person on the product or product packaging without permission;
(2) Selling the products mentioned in item (1);
(3) In product manuals and other materials, the technology or design that has not been granted patent rights is called patented technology or patented design, the patent application is called patent, or the patent number of others is used without permission to use The public mistook the technology or design involved as patented technology or design;
(4) Forging or altering patent certificates, Patent document or specialPatent application documents;
(5) Other technologies or designs that confuse the public and mistake unpatented technologies or designs for patented technologies Or the behavior of a patented design.
Before the expiration of the patent right, the patent logo shall be marked on the patented product, the product directly obtained according to the patented method or its packaging in accordance with the law. Promising to sell or sell the product after termination does not constitute patent counterfeiting.
, but exempt from fines.
Article 85 In addition to the provisions of Article 60 of the Patent Law, the department managing patent work shall, at the request of the party concerned, The following patent disputes can be mediated:
(1) Disputes over patent application rights and ownership of patent rights;
(2) Inventor and designer qualification disputes;
(3) Disputes over rewards and remuneration for inventors and designers of service-based inventions;
(4) After the invention patent application is published Disputes over using an invention without paying appropriate fees before the patent right is granted;
(5) Other patent disputes.
For disputes listed in Item (4) of the preceding paragraph, if the parties request mediation from the patent management department, they shall be Proposed after being awarded.
Article 86 If a party has a dispute over the right to apply for a patent or the ownership of the patent right, it has requested the department managing patent affairs for mediation or If you file a lawsuit with the People's Court, you mayRequest the patent administration department of the State Council to suspend relevant procedures.
If a person requests to suspend the relevant procedures in accordance with the provisions of the preceding paragraph, he shall submit a request to the patent administration department of the State Council, together with the instructions for managing patent work. A copy of the relevant acceptance document from the department or people's court indicating the application number or patent number.
After the mediation letter issued by the patent administration department or the judgment issued by the people's court takes effect, the parties concerned shall apply for restoration to the patent administration department of the State Council Formalities related to the procedure. If the dispute over the right to apply for a patent or the ownership of the patent right cannot be resolved within one year from the date of the request for suspension, and the relevant procedures need to be continued to be suspended, the requester shall request an extension of the suspension within this period. If no extension is requested upon expiration, the patent administration department of the State Council shall resume relevant procedures on its own initiative.
Article 87: If the People's Court decides to take preservation measures against the right to apply for a patent or the patent right in a civil case, the State Council The administrative department shall suspend the relevant procedures for the protected patent application right or patent right on the date of receipt of the ruling stating the application number or patent number and the notice of assistance in enforcement. If the preservation period expires and the people's court does not rule to continue taking preservation measures, the patent administration department of the State Council shall resume the relevant procedures on its own initiative.
Article 88 The patent administration department of the State Council shall suspend relevant procedures in accordance with Articles 86 and 87 of these Rules. , refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications, the patent right granting procedure and the patent right invalidation procedure; the suspension of the procedures for abandoning, changing, transferring patent rights or patent application rights, patent right pledge procedures, and the patent right term. Termination procedures before expiration, etc.
Chapter 8 Patent Registration and Patent Gazette
Article 89 The patent administration department of the State Council shall set up a patent registration book to register the following matters related to patent applications and patent rights:
(1) Grant of patent rights;
(2) Patent application rights and patent rightsTransfer;
(3) Pledge, preservation and release of patent rights;
(4) Filing of patent license contract;
(5) Patent rights Declaration of invalidity;
(6) Termination of patent rights;
(7) Restoration of patent rights;
(8) Compulsory license for patent implementation;
(8) Compulsory license for patent implementation;
p>(9) Changes in the name, nationality and address of the patentee.
Article 90: The patent administration department of the State Council regularly publishes patent bulletins and announces or announces the following content:
(1) Description matters and description summary of invention patent application;
(2) Request for substantive examination of invention patent application and decision of the Patent Administration Department of the State Council to conduct substantive examination of invention patent application on its own;
(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer after the invention patent application is published;
(4) ) Grant of patent rights and recording matters of patent rights;
(5) Summary of instructions for invention or utility model patents, design patents A picture or photo of;
(6) Decryption of national defense patents and confidential patents;
(7) Patent rights Declaration of invalidity;
(8) Termination and restoration of patent rights;
(9) Transfer of patent rights;
(10) Filing of patent implementation license contracts;
(11) Pledge, preservation and release of patent rights;
(12) Grant of compulsory license for patent implementation;
(13) Patent Change of name or address of the right holder;
(14) Announcement of delivery of documents;
(15) Corrections made by the Patent Administration Department of the State Council;
(16) Other relevant matters.
Article 91 The patent administration department of the State Council shall provide patent bulletins and invention patent applications Single copies of invention patents, utility model patents, and design patents are available for free inspection by the public.
Article 92 Patent Administration of the State Council The department is responsible for exchanging patent documents with patent offices or regional patent organizations in other countries and regions in accordance with the principle of reciprocity.
Chapter 9 Fees
Article 93 When applying for a patent and handling other procedures with the patent administration department of the State Council, the following fees shall be paid:
(1) Application fee, application surcharge, publication printing fee, priority claim fee;
(2) Substantive examination fees and re-examination fees for invention patent applications;
(3) Patent registration fees, announcement printing fees, annual Fee;
(4) Request fee for restoration of rights and request fee for extension of time limit;
(5) Fees for changes in descriptions, fees for requesting patent evaluation reports, and fees for requesting invalidation.
The payment standards for the various fees listed in the preceding paragraph shall be stipulated by the price management department and the financial department of the State Council in conjunction with the patent administration department of the State Council.
Article 94 Various fees stipulated in the Patent Law and these Rules may be paid directly to the Patent Administration Department of the State Council, through post office or bank remittance, or in other ways prescribed by the Patent Administration Department of the State Council. .
If payment is made through the post office or bank, the correct application number shall be written on the remittance form sent to the Patent Administration Department of the State Council. Or the patent number and the name of the fee paid. If it does not comply with the provisions of this paragraph, it will be deemed that the payment procedures have not been completed.
Directly submit the patent application to the State Council If the administrative department pays fees, the day of payment shall be the day of payment; if fees are paid by post office remittance, the postmark date remitted by the post office shall be the date of payment; if fees are paid by bank remittance, the date of actual remittance by the bank shall be the date of payment. date.
If the patent fee is overpaid, repaid, or paid in error, the party concerned may start from the date of payment.Within 3 years, if a refund request is submitted to the Patent Administration Department of the State Council, the Patent Administration Department of the State Council shall refund the request.
Article 95 The applicant shall apply within 2 months from the date of application or 15 years from the date of receipt of the acceptance notice. Pay the application fee, publication printing fee and necessary application surcharge within the day; if the payment is not made within the time limit or is not paid in full, the application will be deemed withdrawn.
If the applicant claims priority, he shall pay the priority claim fee at the same time as the application fee; If sufficient, priority shall be deemed not to have been claimed.
Article 96 If a party requests substantive examination or reexamination, it shall do so within the relevant time limit stipulated in the Patent Law and these Rules. Pay the fee; if the fee is not paid upon expiration or is not paid in full, it will be deemed that no request has been made.
Article 97 When the applicant goes through the registration procedures, he shall pay the patent registration fee, announcement printing fee and the patent fee for the year when the patent right is granted. Annual fee; if it is not paid upon expiration or is not paid in full, it will be deemed that the registration procedures have not been completed.
Article 98 Annual fees after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department under the State Council shall notify the patentee to pay the annual fee within 6 months from the expiration of the due date, and at the same time pay a late payment fee; the amount of the late payment fee shall be calculated based on the amount of the annual fee that exceeds the prescribed amount. The time is 1 month, and 5% of the full annual fee for that year will be charged; if the annual fee is not paid at the end of the period, the patent right will be terminated from the date when the annual fee is due.
Article 99 The request fee for restoration of rights shall be paid within the relevant time limit stipulated in these rules; If the request is insufficient, it will be deemed that no request has been made.
ask.
The fee for changing bibliographic matters, requesting fee for patent evaluation report, and requesting invalidation shall be within 1 month from the date of filing the request. payment; failure to pay upon expiration orIf the applicant fails to pay in full, it will be deemed that the request has not been made.
Article 100 If the applicant or patentee has difficulty paying the various fees stipulated in these detailed rules, he or she may apply to the State Council in accordance with the regulations. The patent administrative department makes a request for payment reduction or postponement. The measures for reduction or postponement of payment shall be formulated by the finance department of the State Council in conjunction with the price management department of the State Council and the patent administration department of the State Council.
Chapter 10 Special Provisions on International Applications
101. The Patent Administration Department of the State Council shall accept international applications for patents filed in accordance with the Patent Cooperation Treaty in accordance with Article 20 of the Patent Law.
An international patent application filed in accordance with the Patent Cooperation Treaty and designated in China (hereinafter referred to as the international application) enters the processing stage of the Patent Administration Department of the State Council (hereinafter The conditions and procedures for entering the Chinese national phase) shall apply to the provisions of this chapter; if there are no provisions in this chapter, the relevant provisions of the Patent Law and other chapters of these Rules shall apply.
For patent applications filed by administrative departments, the international filing date shall be deemed as the filing date as referred to in Article 28 of the Patent Law.
Article 103 The applicant for an international application shall file an application on the priority date referred to in Article 2 of the Patent Cooperation Treaty (this chapter). Within 30 months from the priority date), the applicant shall go through the procedures for entering the Chinese national phase with the Patent Administration Department of the State Council; if the applicant fails to complete the procedures within this time limit, after paying the grace fee, it may be processed within 32 months from the priority date. The procedures for entering the Chinese national phase will be completed within three months.
Article 104 The applicant handles the procedures for entering the Chinese national phase in accordance with the provisions of Article 103 of these Rules. , should meet the following requirements:
(1) Submit a written declaration of entering the national phase in China in Chinese, indicating the international application number and requirements Type of patent rights obtained;
(2) Pay the application fee and publication printing fee specified in Paragraph 1 of Article 93 of these Rules, and when necessary, pay the fee specified in Article 103 of these Rules grace fee;
(3) If the international application is filed in a foreign language, a Chinese translation of the description and claims of the original international application must be submitted ;
(4) State the name of the invention and creation, the name or address of the applicant in the written statement entering the Chinese national phase and the name of the inventor. The above content shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not named in the international application, the name of the inventor shall be stated in the above statement;
(5) If the international application is filed in a foreign language, a Chinese translation of the abstract must be submitted. If there are drawings and drawings attached to the abstract, copies of the drawings and A copy of the abstract and the drawings. If there are text in the drawing, replace it with the corresponding Chinese text; if the international application is filed in Chinese, submit a copy of the abstract and the abstract and the drawings in the internationally published document;
(6) If the applicant has gone through the change procedures with the International Bureau during the international stage, provide documentation proving that the changed applicant has the right to apply;
(7) Pay the application surcharge specified in Paragraph 1 of Article 93 of these Rules when necessary.
If the requirements of items (1) to (3) of paragraph 1 of this article are met, the patent administration department of the State Council shall issue an application number , clarify the date when the international application enters the Chinese national phase (hereinafter referred to as the entry date), and notify the applicant that his international application has entered the Chinese national phase.
The international application has entered the Chinese national phase, but does not meet the requirements of items (4) to (7) of paragraph 1 of this article , the patent administration department of the State Council shall notify the applicant to make corrections within the specified time limit; if no correction is made within the specified period, the application shall be deemed to have been withdrawn.
Article 105 International applications haveUnder any of the following circumstances, its effectiveness in China will be terminated:
(1) During the international phase, the international application is withdrawn or deemed is withdrawn, or the designation of China in the international application is withdrawn;
(2) The applicant fails to submit the application within 32 days from the priority date. The procedures for entering the Chinese national phase shall be handled within the month in accordance with Article 103 of these Rules;
(3) The applicant shall handle the entry procedures procedures in the Chinese national phase, but the requirements of Article 104 (1) to (3) of these Rules are still not met after the expiration of the 32-month period from the priority date.
In accordance with the provisions of item (1) of the preceding paragraph, if the validity of the international application in China is terminated, Article 6 of these Rules shall not apply. stipulations; if the validity of the international application in China is terminated in accordance with the provisions of items (2) and (3) of the preceding paragraph, the provisions of Article 6, paragraph 2, of these Rules shall not apply.
Article 106 The international application has been modified during the international phase, and the applicant requires that the application documents be based on the modified application documents. For review, the Chinese translation of the revised part shall be submitted within 2 months from the date of entry. If the Chinese translation is not submitted within this period, the patent administration department of the State Council will not consider the amendments proposed by the applicant during the international stage.
Article 107 The inventions and creations involved in the international application include Article 24(1) of the Patent Law Or under one of the circumstances listed in item (2), if a declaration has been made when filing the international application, the applicant shall explain it in the written declaration of entering the national phase in China and submit Article 1 of these Rules within 2 months from the date of entry. The relevant supporting documents specified in Paragraph 3 of Article 30; if no explanation is given or the supporting documents are not submitted upon expiration of the time limit, the provisions of Article 24 of the Patent Law shall not apply to the application.
Article 108 If the applicant has made an explanation for the preservation of biological material samples in accordance with the provisions of the Patent Cooperation Treaty, it shall be deemed to be Because the requirements of Article 24(3) of these Rules have been met. The applicant should indicate in the declaration of entering the national phase in China the document recording the preservation of biological material samples and the specific recording location in the document.
The applicant has recorded the preservation of biological material samples in the description of the originally submitted international application
The above knowledge is the editor's answer to the question "What are the specific contents of the "Patent Law Implementing Rules"". If you need more legal help, you are welcome to go to the Legal Savior Network for legal assistance. consult.
