Implementing Regulations of the Patent Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:35:40Source:sipo
Where any international application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the international application) enters the Chinese national phase, the requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Implementing Regulations shall apply.
Rule 100 Any international application which has been accorded an international filling date in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed as an application for patent filed with the Patent Administration Department under the State Council , and the said filing date shall be deemed as the filing date referred to in Article 28 of the Patent Law.
Where, in the international phase, an international application or its designation of China is withdrawn or deemed to be withdrawn, the effect of the said international application in China shall cease.
Rule 101 Any applicant for an international application entering the Chinese national phase shall, within 20 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 ; where an international application elects China within 19 months from "the priority date", and where the election remains valid, the applicant of the said application entering the Chinese national phase shall go through the following formalities at the Patent Administration Department under the State Council within 30 months from "the priority date":
(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.
(4) where an international application contains drawings, a copy of the drawings shall be furnished. Where an international application is filed in Chinese, a copy of the figure of the drawings in the abstract as 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 respective time limit of 22 months or 32 months respectively from "the priority date".
Rule 102 Where the applicant fails to go through the formalities for entering the Chinese national phase, within the time limit prescribed in Rule 101, paragraph two of these Implementing Regulations or any of the following circumstance occurs at the expiration of the said time limit, the effect of his or its international application shall cease in China:
(1) where the international application number is not indicated in the statement concerning entry into the Chinese national phase;
(2) where the filing fee, the printing fee for publishing the application prescribed in Rule 90, paragraph one of these Implementing Regulations, or the surcharge for the late entry as prescribed in Rule 101, paragraph two of these Implementing Regulations is not paid;
(3) where the international application is filed in a language other than Chinese, the Chinese translation of the description and the claims of the initial international application are not furnished.
Where the effect of an international application has ceased in China, the provisions of Rule 7, paragraph two of these Implementing Regulations shall not apply.
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