Patents (China) [Q34]
E-mail:mail@cpahkltd.com
31. Q: What is an evaluation report system for design and utility model patents?
  A:

Evaluation reports for design patents and for utility model patents are provided in Rules 56 and 57 of the revised Implementing Regulations of the Patent Law promulgated in February 2010. The evaluation report system is briefly described in the following:

(1) Objects of request: evaluation reports may be requested for utility model and design patents which have been granted and announced (including terminated and abandoned ones), referring specifically to patent applications with the date of filing (priority date if a priority right is applicable) on or after 1 February 2010, as well as patents for design and utility model granted on the basis of said patent applications.

(2) Eligibility as a requester: the request for a patent evaluation report may be filed by the patentee or by the interested party specified in Article 60 of the Patent Law; where a patent is owned by more than one patentees, the request may be filed by any of the patentees.   

(3) Number of reports issued: only one patent evaluation report shall be issued for the same patent; where the State Intellectual Property Office (SIPO) has already issued one evaluation report for a patent, any request for patent evaluation report filed thereafter for the same patent shall be deemed not having been submitted.

(4) Scope of evaluation: SIPO shall examine and evaluate, with respect to utility model patents, all causes for invalidation other than that related to secrecy examination (as prescribed under Article 20 of the Patent Law), and, with respect to design patents, all causes for invalidation other than that related to being in conflict with any prior legal rights obtained by any other person (as prescribed under Article 23 of the Patent Law).

(5) Time required for report issuance: a patent evaluation report will be issued within two months from of the date of receiving an eligible request for the report and related request fees by SIPO.

(6) Access to and reproduction of reports: subsequent to the issuance of a patent evaluation report, any entity or individual may be allowed access to and reproduction of said report. 

 

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