Order of the Commissioner of the State Intellectual Property Office(No. 26)

 

With a view to implementing the Decision of the State Council on Revising the Implementing Regulations of the Patent Law promulgated in Order No. 368 of the State Council of the People's Republic of China, this Measure for the Application of the Implementing Regulations of the Patent Law as Revised on 28 December 2002 is hereby formulated and promulgated. The Measure shall enter into force as of 1 February 2003.

Commissioner
January 10, 2003

Measure for the Application of the Implementing Regulations of the Patent Law as Revised on 28 December 2002

Rules 101 and 108 of the Implementing Regulations of the Patent Law as Revised on 28 December 2002 shall apply to an international application designating China, where the 20-month time limit expires on or after 1 February 2003, and where the applicant has not completed going through the formalities for entering the Chinese national phase by said date.

Decision of the State Council
on Revising the Implementing Regulations of the Patent Law

The State Council hereby decides to make revisions to the Implementing Regulations of the Patent Law of the People's Republic of China promulgated on 15 June 2001 as follows:

I. Rule 101 is revised as Any applicant for an international application entering the Chinese national phase 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 following formalities at the Patent Administration Department under the State Council:

  1. submitting a written statement concerning the entry of his or its international application into the Chinese national phase. The statement shall indicate the international application number, and also indicate in Chinese the kind of patent protection sought, the title of the invention-creation, the name or title of the applicant, the address of the applicant and the name of the inventor. Such indications shall be the same as those recorded by the International Bureau;

  2. paying the filing fee, the additional fee for filing application and the printing fee for publishing the application as provided in Rule 90, paragraph one of these Implementing Regulations;

  3. where an international application is filed in a language other than Chinese, the Chinese translation of the description, the claims, the text matter of the drawings, and the abstract of the initial international application shall be furnished; where an international application is filed in Chinese, a copy of the abstract published in the international publication shall be furnished.

If the applicant fails to go through the relevant formalities for entering the Chinese national phase within the time limit prescribed in the preceding paragraph, he or it may, after paying a surcharge for the late entry, go through these formalities before the expiration of the time limit of 32 months from "the priority date".

II. Rule 108 is revised as "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, paragraph two of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the Patent Administration Department under the State Council, the applicant shall submit a confirmed copy of the international application.

This Decision shall enter into force as of 1 February 2003.

The Implementing Regulations of the Patent Law of the People's Republic of China shall be revised pursuant to this Decision and re-promulgated.