Implementing Regulations of the Patent Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:35:40Source:sipo
Rule 103 Where any of the following circumstances occur at the time when the applicant goes through the formalities for entering the Chinese national phase, the Patent Administration Department under the State Council shall notify the applicant to make corrections within the specified time limit:
(1) where the Chinese translation of the abstract or a copy of the abstract is not furnished;
(2) where a copy of the drawings or a copy of the figure of the drawings in the abstract is not furnished;
(3) where the title of the invention-creation, the name of the applicant, the address of the applicant and the name of the inventor are not indicated in Chinese in the statement concerning entry into the Chinese national phase;
(4) where the content or the form of the statement concerning entry into the Chinese national phase is not in conformity with the provisions.
If, at the expiration of the time limit, the applicant fails to make the corrections, his or its application shall be deemed to be withdrawn.
Rule 104 Where an international application is amended in the international phase and the applicant requests that the examination be based on the amended application, the Chinese translation of the amendments shall be prescribed by the applicant before completion of the technical preparations for national publication of the application by the Patent Administration Department under the State Council . Where the Chinese translation is not furnished within the said time limit, the amendments made in the international phase shall not be taken into consideration by the Patent Administration Department under the State Council .
Rule 105 When the applicant goes through the formalities for entering the Chinese national phase, he or it shall also fulfill the following requirements:
(1) where the inventor is not indicated in the international application, the name of the inventor shall be indicated in the statement concerning entry into the Chinese national phase;
(2) where the applicant has gone through the formalities for the change in the applicant before the International Bureau in the international phase, the document certifying the right of the new applicant to the international application shall be furnished;
(3) where the applicant is not the same person as the applicant of the earlier application which is the basis of the priority claimed, or where the applicant has changed his or its name after filing the earlier application, the document certifying the right of the applicant to claim priority shall be furnished when necessary;
(4) Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (1) or (2) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the statement concerning entry into the Chinese national phase, and furnish the relevant certificates prescribed in Rule 31, paragraph two of these Implementing Regulations within two months from the date of going through the formalities for entering the Chinese national phase.
Where the applicant fails to satisfy the requirements provided for in subparagraph (1), (2) or (3) of the preceding paragraph, the Patent Administration Department under the State Council shall notify the applicant to make corrections within the specified time limit. Where, within the time limit, no correction is made in respect of the requirement provided for in subparagraph (1) or (2), the application shall be deemed to be withdrawn; Where, within the time limit, no correction is made in respect of the requirement provided for in subparagraph (3), the claim for priority shall be deemed not to have been made.
Where the applicant fails to fulfill the requirement provided for in subparagraph (4) of paragraph one of this Rule, the provisions of Article 24 of the Patent Law shall not apply to his or its international application.
Rule 106 Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule 25, subparagraph (3) of these Implementing Regulations shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.
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