Proclamation No. 80

Issued by the State Intellectual Property Office of PRC

In order to carry out Rule 70 under Agreement on the Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement) of the World Trade Organization (WTO), provisions are set forth hereunder relating to extension of the duration of patent right for certain inventions.

  1. Applications filed with the original Chinese Patent Office before and including 31 December 1992 and granted with patent right effective until and including 11 December 2001, the duration of patent right concerned shall be extended to twenty years, counted from the respective filing dates.

  1. Where the patent right of the aforesaid inventions being extended, the annual fees shall be paid by the patentee pursuant to Rule 95 of the Implementing Regulations of the Patent Law of PRC currently in effect.

    Where extension of the patent right relating to applications filed with the original China Patent Office between 11 December 1986 and 11 January 1987 and effective until and including 11 December 2001, annual fees for the sixteenth year shall be paid by the patentee on or before 11 January 2002.

    The amounts of annual fees are provided for according to Proclamation No.75 issued by the State Intellectual Property Office of PRC.

  1. The State Intellectual Property Office of PRC hereby issues the proclamation governing the extension of duration relating to the patent right of the aforesaid inventions. The originally issued patent certificates remain effective without necessarily being replaced by new patent certificates.