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Part 1: Model Document of Patent Application for Invention
Title:_________
Address: No. _________, _________ Road, _________ City
People:_________
Title:_________
Address:_________
Transferee:_________
Legal person [: Please remember the domain name of our website/] Representative:_________
Factory director:_________
Address: No. _________, _________ Road, _________ City
In view of the transferor's legitimate ownership of a non service invention creation, we agree to apply for Invention patent The right to apply for a patent is transferred to the transferee _________ for a fee.
Whereas the Transferee _________ is willing to accept the right of the Transferor _________ to apply for the invention patent, and has applied for the invention patent technology for the implementation of this contract, and agrees to pay the fee.
Both parties believe that the transfer of the patent application right under this contract is conducive to the application of invention patents and the implementation of the patented technology that has been applied for, and plays its economic and social benefits. After friendly negotiation, both parties reached an agreement on the following contents:
Article 1 The transferor transfers the right to apply for invention patent to the transferee for a fee.
Name of Invention:_________
Application date: _________ Application No.:_________
Article 2 After the contract for the assignment of the right to apply for a patent is signed, both parties shall fill in the Application for the Assignment of the Right to Apply for a Patent to the China Patent Office. The right to apply for a patent for the invention belongs to Factory K.
Article 3 Within 10 days after the signing of the contract for the assignment of the right to apply for a patent, the assignor shall deliver to the assignee a complete set of _________ patent application documents for invention.
Article 4 After the contract is signed and before the patent right is granted after the patent invention application, all patent application matters shall be handled by the transferee with the assistance of the transferor.
Article 5 After the patent application for the invention is announced, if a third party raises an objection, the transferee and the transferor shall jointly state their opinions. If the application is rejected because the transferor has no right to apply for a patent, the transferor shall bear the costs incurred in applying for a patent; If the application is rejected for other reasons, the transferee shall bear all expenses incurred for patent application.
If this patent application is rejected by the China Patent Office for any reason, the transferor will return all fees charged by the transferee.
Article 6 After the patent application for invention is authorized, the patent right belongs to the transferee, who is the inventor of the patent and enjoys all the rights of the inventor.
Article 7 The Transferee shall pay the Transferor the transfer fee of the right to apply for invention patent, which shall be paid in one lump sum within 10 days after the effectiveness of this contract.
Article 8 After the patent application for invention is authorized, the transferee shall exploit the patent itself or authorize others to exploit the patent, and the profits obtained or royalties collected shall be distributed to the transferor according to the bonus and remuneration paid to the inventor of the service invention.
Article 9 After the signing of this contract, the transferee shall pay the transferor the patent application and patent application fee of _________ yuan incurred.
Article 10 If the transferee fails to pay the transferor the transfer fee of patent application right, patent application fee and patent application fee on schedule, it shall pay a penalty of three thousandths of the unpaid amount for each day overdue.
Article 11 The contract for assignment of the right to apply for a patent shall come into force after being registered and announced by the China Patent Office.
Article 12 Any dispute arising from this contract can be settled by both parties through negotiation; If the negotiation fails, either party can submit the dispute to the people's court with jurisdiction.
Article 13 Matters not covered in this contract shall be settled by both parties through friendly negotiation.
Article 14 The original of this contract is in duplicate, with each party holding one copy, which has the same effect. Seven copies, three for each party and one for the China Patent Office.
Article 15 This contract is signed at No. _________, _________ Road, _________ City on _________.
Transferor: _________ (signature and seal) Transferee: _________ (signature and seal)
Part 2: Model Document of Patent Application for Invention
Latest Detailed Rules for the Implementation of the Patent Law
Article 1 These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
Article 2 All formalities prescribed in the Patent Law and these Rules shall be completed in writing or in other forms prescribed by the patent administration department under the State Council.
Article 3 All documents submitted in accordance with the Patent Law and these Rules shall be in Chinese; Where there are uniform national technical terms, standardized terms shall be used; Where there is no uniform Chinese translation of foreign names, place names and scientific and technological terms, the original text shall be indicated.
Where the various certificates and supporting documents submitted in accordance with the Patent Law and these Rules are in a foreign language, the patent administration department under the State Council may, when it deems it necessary, require the party concerned to submit a Chinese translation within a specified time limit; If the certificates and supporting documents are not attached at the expiration of the time limit, they shall be deemed not to have been submitted.
Article 4 For all documents mailed to the administrative department for patent under the State Council, the postmark date shall be the date of submission; If the postmark date is not clear, the date of receipt by the patent administration department under the State Council shall be the date of submission, unless the party concerned can provide proof.
Various documents of the patent administration department under the State Council may be served on the parties concerned by mail, direct delivery or other means. If the party concerned entrusts a patent agency, the documents shall be delivered to the patent agency; If no patent agency is entrusted, the document shall be sent to the contact person specified in the request.
Any document mailed by the patent administration department under the State Council shall be presumed to be the date on which the party concerned receives the document after the expiration of 15 days from the date of sending the document.
For documents that should be delivered directly according to the provisions of the patent administration department under the State Council, the date of delivery shall be the date of service.
If the address of the document to be sent is not clear and the document cannot be mailed, it may be delivered to the party by public announcement. At the end of one month from the date of announcement, the document shall be deemed to have been delivered.
Article 5 The first day of the various time limits prescribed in the Patent Law and these Rules shall not be counted in the time limit. If the time limit is calculated by year or month, the corresponding date of the last month shall be the expiration date of the time limit; If there is no corresponding day in that month, the deadline shall expire on the last day of that month; If the expiration date of the time limit is a statutory holiday, the first working day after the holiday shall be the expiration date of the time limit.
Article 6 Where a party concerned delays the time limit prescribed in the Patent Law or these Rules or the time limit designated by the patent administration department under the State Council due to force majeure, resulting in the loss of his rights, he may, within 2 months from the date of elimination of the obstacle, or at the latest within 2 years from the date of expiration of the time limit, request the patent administration department under the State Council to recover his rights.
Except for the circumstances specified in the preceding paragraph, if the party concerned delays the time limit specified in the Patent Law or these Rules or the time limit designated by the patent administration department under the State Council for other justified reasons, resulting in the loss of his rights, he may, within two months from the date of receiving the notification from the patent administration department under the State Council, request the patent administration department under the State Council to recover his rights.
Where a party requests restoration of rights in accordance with the provisions of the first or second paragraph of this Article, it shall submit a request for restoration of rights, state the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be gone through before losing its rights; Where a request for restoration of rights is made in accordance with the provisions of the second paragraph of this Article, the fee for the request for restoration of rights shall also be paid.
Where the party concerned requests an extension of the time limit designated by the patent administration department under the State Council, it shall, before the expiration of the time limit, explain the reasons to the patent administration department under the State Council and go through the relevant formalities.
The provisions of paragraphs 1 and 2 of this Article shall not apply to the time limit prescribed in Articles 24, 29, 42 and 68 of the Patent Law.
Article 7 Where a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and examined by the national defense patent agency; Where a patent application accepted by the patent administration department under the State Council involves the interests of national defense and needs to be kept confidential, it shall be promptly transferred to the national defense patent agency for examination. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
Where the patent administration department under the State Council considers that an application for a patent for invention or utility model accepted by it involves national security or major interests other than national defense interests and needs to be kept confidential, it shall timely make a decision to treat the application as confidential and notify the applicant. The special procedures for examination and reexamination of confidential patent applications and invalidation of confidential patent rights shall be formulated by the patent administration department under the State Council.
Article 8 "Invention or utility model made in China" mentioned in Article 20 of the Patent Law means an invention or utility model in which the substantive content of the technical solution was made in China.
Any entity or individual applying to a foreign country for a patent for an invention or utility model completed in China shall request the patent administration department under the State Council to conduct a confidential examination in one of the following ways:
（1） Where an application for a patent is filed directly with a foreign country or an international application for a patent is filed with a relevant foreign institution, a request shall be made in advance to the patent administration department under the State Council, and the technical solution shall be explained in detail;
（2） Where, after applying for a patent to the patent administration department under the State Council, it intends to apply for a patent in a foreign country or submit an international patent application to the relevant foreign institution, it shall make a request to the patent administration department under the State Council before applying for a patent in a foreign country or submitting an international patent application to the relevant foreign institution.
Where an international application for a patent is submitted to the patent administration department under the State Council, it shall be deemed that a request for confidentiality examination is made at the same time.
Article 9 Where, after receiving the request submitted in accordance with Article 8 of these Rules, the administrative department for patent under the State Council, after examination, considers that the invention or utility model may involve national security or major interests and need to be kept confidential, it shall promptly send a notice of confidentiality examination to the applicant; Where the applicant has not received the notification of confidentiality examination within 4 months from the date of submission of his/her request, he/she may apply for a patent for the invention or utility model in a foreign country or submit an international patent application to the relevant foreign institution.
Where the administrative department for patent under the State Council notifies the examination of confidentiality in accordance with the provisions of the preceding paragraph, it shall timely make a decision on whether confidentiality is necessary and notify the applicant. Where the applicant has not received the decision to keep confidential within six months from the date of submission of his request, he may apply for a patent for the invention or utility model in a foreign country or submit an international application for a patent to the relevant foreign institution.
Article 10 The term "an invention creation that violates the law" mentioned in Article 5 of the Patent Law does not include an invention creation whose implementation is prohibited by law.
Article 11 With the exception of the circumstances specified in Articles 28 and 42 of the Patent Law, the application date mentioned in the Patent Law refers to the priority date, if any.
The application date mentioned in these Rules refers to the application date specified in Article 28 of the Patent Law, unless otherwise specified.
Article 12 "Service invention creation made by performing the tasks of the entity to which it belongs" mentioned in Article 6 of the Patent Law means:
（1） Inventions and creations made in the course of their own work;
（2） Inventions and creations made in the performance of tasks other than the work assigned to them by their own units;
（3） An invention creation made within one year after retirement or transfer from the original unit, or after the termination of labor or personnel relations, which is related to his own work in the original unit or the tasks assigned by the original unit.
The "entity" mentioned in Article 6 of the Patent Law includes the temporary work entity; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials not disclosed to the public of the entity.
Article 13 "Inventor" or "designer" as mentioned in the Patent Law means a person who has made creative contributions to the substantive features of an invention creation. In the process of completing the invention creation, the person who is only responsible for organizing work, who provides convenience for the utilization of material and technical conditions, or who is engaged in other auxiliary work, is not the inventor or designer.
Article 14 Except for the transfer of the patent right in accordance with Article 10 of the Patent Law, where the patent right is transferred for any other reason, the party concerned shall go through the formalities for the transfer of the patent right to the patent administration department under the State Council on the strength of the relevant supporting documents or legal documents.
A patent license contract concluded between the patentee and another person shall be filed with the patent administration department under the State Council within three months from the effective date of the contract.
Where a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under the State Council.
Chapter II Application for Patent
Article 15 Where a patent is applied for in writing, the applicant shall submit the application documents in duplicate to the patent administration department under the State Council.
Any application for a patent in any other form prescribed by the patent administration department under the State Council shall meet the prescribed requirements.
Where an applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department under the State Council, it shall submit a power of attorney at the same time, indicating the scope of authorization.
If there are more than two applicants and no patent agency is entrusted, the first applicant specified in the request shall be the representative unless otherwise stated in the request.
Article 16 The request for an application for a patent for invention, utility model or design shall state the following:
（1） The name of the invention, utility model or design;
（2） If the applicant is a Chinese unit or individual, its name, address, postal code, organization code or resident identity card number; If the applicant is a foreigner, foreign enterprise or other foreign organization, his or her name, nationality or country or region of registration;
（3） The name of the inventor or designer;
（4） Where the applicant entrusts a patent agency, the name and code of the entrusted agency, as well as the name, license number and contact number of the patent agent designated by the agency;
（5） Where the right of priority is claimed, the application date and application number of the first patent application filed by the applicant (hereinafter referred to as the earlier application) and the name of the original accepting institution;
（6） Signature or seal of the applicant or patent agency;
（7） List of application documents;
（8） List of additional documents;
（9） Other relevant matters that need to be stated.
Article 17 The specification of an application for a patent for invention or utility model shall state the title of the invention or utility model, which shall be consistent with the title in the request. The description shall include the following contents:
（1） Technical field: specify the technical field to which the technical solution to be protected belongs;
（2） Background technology: indicating the background technology useful for understanding, searching and examining the invention or utility model; It is possible to quote documents reflecting these background technologies;
（3） Invention content: stating the technical problems to be solved by the invention or utility model and the technical solution adopted to solve the technical problems, and stating the beneficial effects of the invention or utility model in comparison with the existing technology;
（4） Description of attached drawings: if there are attached drawings in the specification, make a brief description of each attached drawing;
（5） Specific mode of implementation: specify in detail the preferred mode that the applicant considers to realize the invention or utility model; Give examples when necessary; If there are attached drawings, refer to the attached drawings.
The applicant for a patent for invention or utility model shall write the specification in the manner and order specified in the preceding paragraph, and shall indicate the title in front of each part of the specification, unless the nature of his invention or utility model can be written in another manner or order to save space in the specification and enable others to accurately understand his invention or utility model.
The description of the invention or utility model shall be standardized in terms and clear in sentences, and shall not use quotation of the kind mentioned in the claims, nor shall it use commercial advertising language.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the specification shall include a sequence list in accordance with the provisions of the patent administration department under the State Council. The applicant shall submit the sequence list as a separate part of the specification, and submit a copy of the sequence list in computer readable form in accordance with the provisions of the patent administration department under the State Council.
The specification of the application for a patent for utility model shall contain drawings showing the shape, structure or combination thereof of the product for which protection is claimed.
Article 18 The appended drawings of an invention or utility model shall be numbered sequentially in accordance with Figures 1 and 2.
The reference numerals not mentioned in the text of the specification of the invention or utility model shall not appear in the drawings, and the reference numerals not mentioned in the drawings shall not be mentioned in the text of the specification. The reference numerals indicating the same component in the application documents shall be consistent.
The appended drawings shall not contain any other annotations except for the necessary words.
Article 19 The claims shall record the technical features of the invention or utility model.
Where there are several claims in the claims, they shall be numbered consecutively in Arabic numerals.
The technical terms used in the claims shall be consistent with those used in the specification, and may have chemical or mathematical formulas, but no illustrations. Unless absolutely necessary, the terms as described in the description or as shown in the figure shall not be used.
The technical features in the claims may refer to the corresponding marks in the drawings of the Description, which shall be placed after the corresponding technical features and in parentheses to facilitate the understanding of the claims. The reference numerals shall not be construed as limiting the claims.
Article 20 The claims shall contain independent claims and may also contain subordinate claims.
An independent claim shall reflect the technical solution of the invention or utility model as a whole and record the necessary technical features for solving the technical problem.
The dependent claims shall further define the quoted claims with additional technical features.
Article 21 An independent claim of an invention or utility model shall include a preamble part and a characterizing part, and be formulated in accordance with the following provisions:
（1） The preamble part: indicating the subject name of the technical solution of the invention or utility model to be protected and the necessary technical features shared by the subject of the invention or utility model and the nearest existing technology;
（2） Characteristic part: using terms characterized by or similar to the invention or utility model, indicating the technical features of the invention or utility model that are different from the closest prior art. These features, together with the features indicated in the preamble, limit the scope of protection claimed by the invention or utility model.
Where the nature of the invention or utility model is not suitable to be expressed in the manner mentioned in the preceding paragraph, the independent claims may be formulated in other ways.
An invention or utility model shall have only one independent claim, which shall precede the dependent claims of the same invention or utility model.
Article 22 The dependent claims of an invention or utility model shall include a reference portion and a defining portion, and shall be written in accordance with the following provisions:
（1） Quoted part: indicating the number of the cited claim and its subject name;
（2） Limited part: indicating the additional technical features of the invention or utility model.
Dependent claims can only refer to the preceding claims. Multiple dependent claims that refer to two or more claims can only refer to the previous claim in one way, and may not serve as the basis for another multiple dependent claims.
Article 23 The abstract of the specification shall indicate an outline of the contents disclosed in the application for a patent for invention or utility model, that is, the title of the invention or utility model and the technical field to which it belongs, and clearly reflect the technical problem to be solved, the key points of the technical solution to the problem, and the main purposes.
The abstract of the specification can contain the chemical formula that best describes the invention; In the case of an application for a patent with appended drawings, a appended drawing that best illustrates the technical features of the invention or utility model shall also be provided. The size and clarity of the drawings shall ensure that when the drawings are reduced to 4 cm 6 cm, all details in the drawings can still be clearly distinguished. The text of the abstract shall not exceed 300 words. Commercial advertising language shall not be used in the abstract.
Article 24 Where an invention for which a patent is applied relates to a new biological material, which is not available to the public, and the description of the biological material is insufficient to enable a person skilled in the art to exploit the invention, the applicant shall, in addition to complying with the relevant provisions of the Patent Law and these Rules, go through the following formalities:
（1） Submit a sample of the biomaterial to the depository unit recognized by the patent administration department under the State Council for deposit before the application date or at the latest on the application date (or the priority date if there is a right of priority), and submit the proof of deposit and the proof of survival issued by the depository unit at the time of application or at the latest within 4 months from the application date; If no certificate is submitted within the time limit, the sample shall be deemed not to have been submitted for deposit;
（2） In the application documents, provide information about the characteristics of the biomaterial;
（3） A patent application involving the deposit of a sample of biomaterial shall indicate in the request and specification the classification name of the biomaterial (indicating the Latin name), the name and address of the entity that deposited the sample of biomaterial, the date of deposit and the deposit number; If it is not stated clearly at the time of application, it shall make corrections within 4 months from the date of application; If no correction is made at the expiration of the time limit, the deposit shall be deemed not to have been submitted.
Article 25 Where an applicant for a patent for invention has deposited a sample of biomaterials in accordance with the provisions of Article 24 of these Rules, and after the publication of the application for a patent for invention, any entity or individual needs to use the biomaterials involved in the patent application for experimental purposes, it shall make a request to the patent administration department of the State Council, stating the following:
（1） The name and address of the petitioner;
（2） A guarantee not to provide the biomaterial to any other person;
（3） Before granting the patent right, it is used only for experimental purposes.
Article 26 The term "genetic resources" as mentioned in the Patent Law refers to materials that contain units of genetic function and have actual or potential value, such as human bodies, animals, plants or microorganisms; Inventions and creations that rely on genetic resources as mentioned in the Patent Law refer to inventions and creations that utilize the genetic function of genetic resources.
Where an applicant applies for a patent for an invention creation that relies on genetic resources, the applicant shall make an explanation in the request and fill in the form formulated by the patent administration department under the State Council.
Article 27 Where an applicant requests color protection, he shall submit color pictures or photographs.
The applicant shall submit relevant pictures or photographs with respect to the content of each design product that needs to be protected.
Article 28 The brief description of the design shall state the name and purpose of the product of the design, the main points of the design, and designate a picture or photograph that best illustrates the main points of the design. If views are omitted or color protection is requested, it shall be clearly stated in the brief description.
Where an application for a patent for design is filed for several similar designs of the same product, one of them shall be designated as the basic design in the brief description.
The brief description shall not use commercial advertising language, nor shall it be used to describe the performance of the product.
Article 29 The administrative department for patent under the State Council may, when it deems it necessary, require the applicant for a patent for design to submit a sample or model of the product incorporating the design. The volume of the sample or model shall not exceed 30cm 30cm 30cm, and the weight shall not exceed 15kg. Perishable, vulnerable or dangerous goods shall not be submitted as samples or models.
Article 30 The term "international exhibitions recognized by the Chinese government" as mentioned in Item (1) of Article 24 of the Patent Law refers to international exhibitions registered in or recognized by the International Exhibition Bureau as stipulated in the Convention on International Exhibitions.
The term "academic conference or technical conference" as mentioned in Item (2) of Article 24 of the Patent Law refers to an academic conference or technical conference organized and convened by the relevant competent department of the State Council or a national academic organization.
Where an invention creation for which a patent is applied falls under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall, when filing the application for a patent, declare that the relevant invention creation issued by the organizing unit of the relevant international exhibition or academic or technical conference has been exhibited or published, And documents certifying the date of exhibition or publication.
Where an invention creation for which a patent is applied falls under the circumstances listed in Item (3) of Article 24 of the Patent Law, the patent administration department under the State Council may, when it deems it necessary, require the applicant to submit supporting documents within a specified time limit.
Where the applicant fails to make the declaration and submit the supporting documents in accordance with the provisions of paragraph 3 of this Article, or fails to submit the supporting documents within the specified time limit in accordance with the provisions of paragraph 4 of this Article, the provisions of Article 24 of the Patent Law shall not apply to his or her application.
Article 31 Where an applicant claims the right of foreign priority in accordance with Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original acceptance authority. In accordance with the agreement signed between the administrative department for patent under the State Council and the accepting institution, if the administrative department for patent under the State Council obtains a copy of the earlier application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the earlier application document certified by the accepting institution. If the applicant claims the right of domestic priority and indicates the application date and application number of the earlier application in the request, it shall be deemed to have submitted a copy of the earlier application document.
Where the right of priority is claimed, but one or two of the application date, application number and the name of the institution that originally accepted the application is omitted or wrongly written in the request, the administrative department for patent under the State Council shall notify the applicant to make corrections within a specified time limit; If no correction is made within the time limit, the right of priority shall be deemed not to have been claimed.
Where the name or title of the applicant claiming the right of priority is inconsistent with the name or title of the applicant recorded in the copies of the earlier application documents, the applicant shall submit the evidentiary materials for the transfer of the right of priority. If the evidentiary materials are not submitted, the right of priority shall be deemed not to have been claimed.
Where an applicant for a patent application for design claims the right of foreign priority, his earlier application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with Article 28 of these Rules does not go beyond the scope indicated by the pictures or photographs in the earlier application documents, his right of priority shall not be affected.
Article 32 An applicant may claim one or more priorities in an application for a patent; Where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.
Where the applicant claims the right of domestic priority, and the earlier application is an application for a patent for invention, he or she may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed for the same subject matter. However, when the latter application is filed, if the subject matter of the earlier application falls under any of the following circumstances, it shall not be taken as the basis for claiming the right of domestic priority:
（1） Where foreign priority or domestic priority has been claimed;
（2） Where a patent right has been granted;
（3） It is a divisional application filed in accordance with regulations.
Where an applicant claims the right of domestic priority, its earlier application shall be deemed to have been withdrawn as of the date of filing of the later application.
Article 33 Where an applicant who does not have a habitual residence or business office in China applies for a patent or claims a foreign priority, the patent administration department under the State Council may, when it deems it necessary, require him to provide the following documents:
（1） If the applicant is an individual, his nationality certificate;
（2） If the applicant is an enterprise or other organization, the certification documents of the country or region where it is registered;
（3） A document certifying that the country to which the applicant belongs recognizes that Chinese entities and individuals can enjoy the patent right, priority and other patent related rights in that country under the same conditions as nationals of that country.
Article 34 In accordance with the provisions of Paragraph 1 of Article 31 of the Patent Law, two or more inventions or utility models belonging to one general inventive concept that may be filed as one patent application shall be technically related to each other and contain one or more identical or corresponding specific technical features, Specific technical features refer to the technical features that each invention or utility model as a whole contributes to the existing technology.
Article 35 Where multiple similar designs of the same product are filed as one application in accordance with Paragraph 2 of Article 31 of the Patent Law, the other designs of the product shall be similar to the basic designs specified in the brief description. The number of similar designs in an application for a patent for design shall not exceed 10.
For the purposes of paragraph 2 of Article 31 of the Patent Law, the expression "two or more designs of products of the same class and sold or used in sets" means that all products belong to the same category in the classification table, are customarily sold or used at the same time, and the designs of all products have the same design concept.
Where two or more designs are filed as one application, the serial number of each design shall be marked before the name of each picture or photograph of each design product.
Article 36 Where an applicant withdraws an application for a patent, he or it shall make a declaration to the administrative department for patent under the State Council, indicating the name of the invention creation, the application number and the date of application.
Where a declaration of withdrawal of a patent application is made after the patent administration department under the State Council has made preparations for publishing the patent application documents, the application documents shall still be published; However, the declaration of withdrawal of the patent application shall be published in the later published Patent Gazette.
Chapter III Examination and Approval of Patent Applications
Article 37 In the procedures of preliminary examination, substantive examination, reexamination and invalidation declaration, if the person conducting the examination and hearing is under any of the following circumstances, he shall withdraw himself, and the party concerned or other interested parties may request him to withdraw:
（1） Is a close relative of a party or his agent;
（2） Has an interest in the patent application or patent right;
（3） Having other relationships with the parties or their agents, which may affect the impartiality of the examination and hearing;
（4） A member of the Patent Reexamination Board has participated in the examination of the original application.
Article 38 After receiving an application for a patent for invention or utility model, the patent administration department under the State Council shall specify the date of filing, give an application number, and notify the applicant of the request, description (which must include drawings for utility models), and claims, or an application for a patent for design, drawings or photographs of the design, and a brief explanation.
Article 39 Where a patent application document falls under any of the following circumstances, the patent administration department under the State Council shall not accept it and notify the applicant:
（1） Where an application for a patent for invention or utility model lacks a letter of request, a description (no drawings for utility model) or a patent claim, or an application for a patent for design lacks a letter of request, a picture or a photograph, or a brief explanation;
（2） Not in Chinese;
（3） Not in conformity with the provisions of Paragraph 1 of Article 121 of these Rules;
（4） The request lacks the name or address of the applicant;
（5） Is obviously not in conformity with Article 18 or Paragraph 1 of Article 19 of the Patent Law;
（6） The category of the patent application (invention, utility model or design) is unclear or difficult to determine.
Article 40 Where the specification contains explanatory notes to the appended drawings but no or part of the appended drawings are missing, the applicant shall, within the time limit designated by the patent administration department under the State Council, submit the appended drawings or declare that the explanatory notes to the appended drawings are cancelled. Where the applicant has submitted the appended drawings, the date of submission or mailing of the appended drawings to the administrative department for patent under the State Council shall be the date of filing; If the explanation of the drawings is cancelled, the original application date shall be retained.
Article 41 Where two or more applicants apply for a patent for the same invention creation on the same date (the application date; where there is a right of priority, the priority date), they shall, after receiving the notification from the patent administration department under the State Council, determine the applicants through consultation.
If the same applicant applies for both a utility model patent and an invention patent for the same invention creation on the same day (the application date), it shall state that another patent has been applied for the same invention creation at the time of application; If no explanation is given, it shall be dealt with in accordance with the provision of Paragraph 1, Article 9 of the Patent Law that only one patent right can be granted for the same invention creation.
When the patent administration department under the State Council announces the grant of the patent right for utility model, it shall announce that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of the second paragraph of this Article.
If no reason for rejection of the application for a patent for invention is found after examination, the patent administration department under the State Council shall notify the applicant to declare, within the prescribed time limit, that he/she waives the patent right for utility model. Where the applicant makes a declaration of abandonment, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the declaration of abandonment of the patent right for utility model by the applicant when announcing the grant of the patent right for invention. Where the applicant does not agree to abandon the application, the patent administration department under the State Council shall reject the application for a patent for invention; Where the applicant fails to respond within the time limit, the application for a patent for invention shall be deemed to have been withdrawn.
The patent right for utility model shall terminate as of the date of announcement of the grant of the patent right for invention.
Article 42 Where an application for a patent includes two or more inventions, utility models or designs, the applicant may, before the expiration of the time limit prescribed in paragraph 1 of Article 54 of these Rules, file a divisional application with the patent administration department under the State Council; However, where the patent application has been rejected, withdrawn or deemed to have been withdrawn, no divisional application may be filed.
Where the administrative department for patent under the State Council considers that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Article 34 or 35 of these Rules, it shall notify the applicant to amend the application within a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to have been withdrawn.
The divisional application may not change the category of the original application.
Article 43 For a divisional application filed in accordance with the provisions of Article 42 of these Rules, the original application date may be retained. If the right of priority is enjoyed, the priority date may be retained, but it shall not exceed the scope of the original application.
The divisional application shall go through the relevant formalities in accordance with the Patent Law and these Rules.
The application number and application date of the original application shall be indicated in the request of the divisional application. When submitting a divisional application, the applicant shall submit a copy of the original application document; Where the original application enjoys the right of priority, a copy of the priority document of the original application shall also be submitted.
Article 44 "Preliminary examination" mentioned in Articles 34 and 40 of the Patent Law means examining an application for a patent to see whether it contains the documents prescribed in Article 26 or Article 27 of the Patent Law and other necessary documents, whether these documents conform to the prescribed format, and examining the following:
（1） Whether the application for a patent for invention obviously falls under Article 5 and Article 25 of the Patent Law, whether it is not in conformity with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 of the Patent Law or Article 16, Paragraph 2 of Article 26 of these Rules, whether it is obviously not in conformity with Paragraph 2 of Article 2, Paragraph 5 of Article 26, Paragraph 1 of Article 31 of the Patent Law Article 33 or the provisions of Articles 17 to 21 of these Rules;
（2） Whether the application for a patent for utility model obviously falls under Article 5 and Article 25 of the Patent Law, whether it is not in conformity with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 of the Patent Law, or the provisions of Articles 16 to 19, and Articles 21 to 23 of these Rules, or whether it is obviously not in conformity with Paragraph 3 of Article 2 of the Patent Law Article 22, paragraphs 2 and 4, Article 26, paragraphs 3 and 4, Article 31, paragraph 1 and Article 33, or the provisions of Article 20 and paragraph 1 of Article 43 of these Rules, whether a patent right cannot be obtained in accordance with Article 9 of the Patent Law;
（3） Whether the application for a patent for design obviously falls under Article 5, Paragraph 1 (6) of Article 25 of the Patent Law, whether it is not in conformity with Article 18, Paragraph 1 of Article 19 of the Patent Law or Article 16, Article 27, and Article 28 of these Rules, whether it is obviously not in conformity with Paragraph 4 of Article 2, Paragraph 1 of Article 23 of the Patent Law Whether the provisions of Paragraph 2 of Article 27, Paragraph 2 of Article 31, Article 33 or Paragraph 1 of Article 43 of these Rules make it impossible to obtain a patent right in accordance with Article 9 of the Patent Law;
（4） Whether the application documents comply with the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.
The administrative department for patent under the State Council shall notify the applicant of the examination opinions and request him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. Where the patent administration department under the State Council still considers that the application is not in conformity with the provisions listed in the preceding paragraph after the applicant has stated his opinions or made corrections, it shall reject the application.
Article 45 In any of the following circumstances, other documents relating to the patent application submitted by the applicant to the patent administration department under the State Council, other than the patent application documents, shall be deemed not to have been submitted:
（1） Failing to use the prescribed format or filling in the form does not conform to the provisions;
（2） Failing to submit certification materials as required.
The administrative department for patent under the State Council shall notify the applicant of the examination opinions deemed not to have been submitted.
Article 46 Where an applicant requests the early publication of his or its application for a patent for invention, he or it shall make a declaration to the patent administration department under the State Council. After preliminary examination of the application, the patent administration department under the State Council shall immediately publish the application, unless it is rejected.
Article 47 Where the applicant indicates the product incorporating the design and the class to which it belongs, he shall use the classification of products incorporating the design published by the patent administration department under the State Council. Where the category of the product incorporating the design is not indicated or the category indicated is inaccurate, the administrative department for patent under the State Council may supplement or amend it.
Article 48 From the date of publication of an application for a patent for invention to the date of announcement of the grant of the patent right, any person may submit an opinion to the patent administration department under the State Council on an application for a patent that is not in conformity with the provisions of the Patent Law, and state the reasons therefor.
Article 49 Where an applicant for a patent for invention is unable to submit the search materials or examination results specified in Article 36 of the Patent Law for justified reasons, he/it shall make a declaration to the administrative department for patent under the State Council and submit the relevant materials after obtaining them.
Article 50 When the administrative department for patent under the State Council examines an application for a patent on its own in accordance with the provisions of paragraph 2 of Article 35 of the Patent Law, it shall notify the applicant.
Article 51 An applicant for a patent for invention may, at the time of filing a request for substantive examination and within three months from the date of receiving the notification sent by the patent administration department under the State Council that the application for a patent for invention has entered the stage of substantive examination, take the initiative to amend the application for a patent for invention.
The applicant for a patent for utility model or design may, within two months from the date of filing, take the initiative to amend the application for a patent for utility model or design.
Where the applicant amends the patent application documents after receiving the Notification of Examination Opinions issued by the patent administration department under the State Council, it shall make amendments in light of the defects pointed out in the Notification.
The patent administration department under the State Council may, at its own discretion, correct the obvious errors of words and symbols in the patent application documents. Where the administrative department for patent under the State Council makes any amendment on its own, it shall notify the applicant.
Part 3: Model Document of Patent Application for Invention
1. Request
There are three kinds of requests, namely, the request for invention patent, the request for utility model patent and the request for design patent. Their columns and filling requirements are basically the same. When filling in the three kinds of requests, they should be typed or printed on the forms uniformly formulated by the Patent Office in accordance with the provisions of the Patent Law and its Implementing Regulations. Now, taking the patent request for invention as a convenience, the filling requirements and precautions for each column are explained;
(1) Columns ①, ②, ③, ④ and 18: to be filled in by the Patent Office.
(2) Columns ⑤ and 15: Name of the invention (name of the utility model, name of the product using the design). ① The title of an invention or utility model should simply and clearly express that hair is the subject of creation, and generally 15 characters are preferred, with a maximum length of 25 characters; The name of the product using the design shall specifically and clearly reflect the category to which the product belongs, and generally shall not exceed 10 words. ② The names of inventions and creations should not be too trivial or too abstract. An invention or utility model shall, according to the breadth of the subject matter of the invention, be given a name appropriate to the class group in the International Patent Classification (IPC). The design products shall use the product names listed in the International Classification of Design (Locarno Classification) as far as possible. ③ The name of an invention creation should not include the name of a person, place name, unit name, product model, trademark, code, etc., and it is also not allowed to use words with uncertain meaning, such as "... and its analogues", because the theme of the invention is ambiguous. The name of the design product shall not contain words describing the function and purpose of the product. ④ The name of the invention creation in the request shall be consistent with the name of the invention creation in the specification and other application documents.
(3) Column ⑥: Inventor or designer ① The inventor or designer must be a natural person. It can be one person or multiple people, but it cannot be a unit or an organization such as "×× Research Room" or "×× Cooperation Group". ② Inventors are not restricted by nationality, gender, age, occupation or residence. Anyone who has made substantial contributions to an invention creation can become an inventor or designer. ③ The invention right cannot be inherited or transferred. If the inventor or designer dies, the name of the original inventor and designer should still be indicated, but death can be indicated, for example, "Liu Bo (death)". ④ The names of the inventors and designers shall be filled in by the applicants on their behalf, but the inventors and designers shall be notified of the filling in. In the case of multiple inventors, if the order is in order, the order shall be indicated with Arabic numerals, otherwise the Patent Office will arrange the order from left to right, from top to bottom. ⑤ If the inventor or designer requests not to publish his/her name due to special principles, he/she shall fill in this column with "I request not to publish my/her name". If some of the inventors or designers are willing to publish their names, and others are unwilling to do so, they shall fill in those who are willing to publish their names and request not to publish their names, they shall submit a request. The request shall state the reasons and be signed and sealed by the inventor. After the request for approval, the name of the inventor is not stated in the Patent Gazette, the specification booklet and the patent certificate, and the inventor and designer may not request to re publish their names in the future.
(4) Column ⑦: Applicant ① The applicant can be an individual or a unit. If it is a unit, it should be a legal person or an organization that can independently bear civil liability. ② If the applicant is an individual, he/she shall clearly state his/her real name, and shall not use a pseudonym or alias. The names of foreigners are allowed to use simplified forms, for example, Jostepanov. Degrees, titles and other contents that do not belong to personal names shall be deleted. If the applicant is a unit, its official full name shall be indicated. ③ The address of the applicant shall indicate the province, city and detailed address (including postal code) where the mail can be delivered quickly. Generally, the name of the company cannot be used to replace Dijing, for example, "×× College" is not allowed as the address. If there are multiple units in one address, the name of the unit shall be stated in addition to the address. For applicants whose residence or regular place of business is outside China, their address can only include the country and state, such as California in the United States. The addresses of applicants in Taiwan, Hong Kong and Macao can be indicated as: Taiwan, Hong Kong Special Administrative Region or Macao. ④ The nationality of the applicant can be the full name of the country or the short name, for example, the People's Republic of China or China. ⑤ If the applicant is a unit, in addition to indicating the name of the unit, if no patent agency is entrusted, an enterprise patent worker should also be designated as the contact person for handling the case, which should be filled in after the address of the applicant. However, if a patent agency is entrusted, no contact person may be designated. ⑥ Where there are two or more applicants who have not entrusted patent agency, one of them shall be elected as representative. The representative shall fill in the first signature position in the applicant column. In the patent examination and approval process, the Patent Office generally only contacts the representative, who has the obligation to transmit the patent office documents or their copies to other applicants. Except for matters involving common rights (such as withdrawal of application, abandonment of patent right, change of obligee, etc.), the representative can handle various procedures on behalf of all applicants. ⑦ The Patent Office only examines the application qualifications of foreigners in accordance with Article 18 of the Patent Law. For domestic applicants, except those who have disputes over the right to apply, any unit or individual who fills in the "applicant" column of the request is deemed to be a legitimate applicant with the right to apply for patent in the patent examination and approval process.
(5) Column ⑧: Patent Agency ① When an applicant applies for a patent, he or she has two options for going through the application procedures: one is to go through the procedures himself or herself; The second is to entrust a patent agency. Only those who entrust patent agencies to handle the formalities need to fill in this column. Although it is not mandatory to entrust a patent agent, considering the importance of carefully writing application documents and the legal rigor of the approval process, it is worth advocating for an applicant with little experience to entrust a patent agent. ② The applicant shall not fill in this column without going through the patent agency entrustment procedures, otherwise it will not only constitute a serious infringement on the patent agency, but also may cause serious adverse legal consequences to the applicant. ③ Our country implements the responsibility system of patent agency. When an applicant entrusts a patent agency, he/she should conclude an entrustment contract with the patent agency, and then the patent agency will appoint its agent to handle the application procedures for the applicant. At most two agents can be appointed to handle an application, and at least one of them is a full-time agent. ④ The patent agency entrusted by the applicant shall be officially filed in the Patent Office, and the agent appointed by the agency shall be examined and recognized by the Patent Office and registered in the Patent Office. For this reason, this column should not only fill in the name of the patent agency, but also fill in its filing code and address. The agent should fill in the name and registration number in the patent office. ⑤ The applicant is allowed to entrust only one patent agency during the same period. Where there are multiple applicants, all applicants shall jointly entrust a patent agency. After the joint patent agency is entrusted, if a representative is elected at the same time, it is equivalent to that the representative contacts the patent agency with the consent of all applicants. After the patent agency accepts the entrustment, its actions within the entrustment authority have the same effect as the same actions taken by the trustor, and the resulting consequences are binding on the trustor. However, according to the regulations, the patent agency shall obtain the consent of all the clients when going through the procedures of sub entrustment, transferring the right of application or patent, withdrawing the patent application and abandoning the patent right. ⑥ The applicant has the right to revoke the entrustment of the patent agency. On the contrary, the patent agency can also resign its entrustment. In case of any of the above circumstances, the other party shall be notified, and a declaration shall be made to the Patent Office and the corresponding procedures for change of bibliographic items shall be handled. ⑦ When foreigners and units in Taiwan, Hong Kong and Macao who have no permanent residence or business office in China apply for a patent, they shall entrust the patent agency designated by the Patent Office authorized by the State Council to handle the application procedures. When individuals of Taiwan, Hong Kong and Macao compatriots and Chinese personnel working and studying abroad apply for patent, they can also entrust domestic patent agencies, but not individuals or themselves.
(6) Column ⑨: Strain preservation
This column is only available in the patent application for invention. This column needs to be filled in when the invention involves microorganisms and microorganisms need to be preserved. ① There are two types of microorganisms that need to be preserved: one is new microorganisms that are not available to the public; Another kind of microorganism is not new in itself, but the method of using this microorganism or its product is new. When this or these microorganisms are unavailable to the public, they should also be preserved. ② The date of deposit of microorganisms shall be prior to the filing of the patent application, and at the latest on the same day of the application, because it is regarded as part of the patent application. The only exception to the principle of written patent application is that physical microorganisms are used as part of the patent application. ③ Depository unit: Before 1995, China only recognized the deposit procedures of two microbial depositories designated by the Patent Office, namely the General Microbiology Center of the Chinese Microbial Strain Depository Management Committee and the Chinese Typical Culture Depository Center. Since China has been a party to the Budapest Treaty since 1995, the microbial preservation procedures conducted by all international depositories designated by the Budapest Treaty can be recognized by China after 1995. The applicant shall accurately fill in the name of the international depositary unit in this column for the Patent Office to check. ④ Deposit number: The applicant can obtain the deposit number after depositing the microbial strain in the above unit. If the applicant is unable to fill the deposit number in the request due to the fact that the procedures for submission of strain deposit were handled on the same day as the application was filed, he may fill in the deposit unit and date on the request first, and then submit the deposit number in written form within three months. ⑤ Patent applications involving microorganisms and requiring preservation. In addition to filling out the depository unit, date and number in the request, it is also necessary to submit the deposit certificate and microbial strain survival certificate issued by the depository unit within three months. If the above formalities ④ and ⑤ are not handled within the specified time limit, it will be deemed that the strain has not been submitted for preservation.
(7) Box ⑩: Division application
When the patent application does not meet the requirement of singularity, the applicant may, in addition to modifying the application to make it meet the requirement of singularity, re submit one or more divisional applications for other inventions, utility models or designs included in the application in accordance with the principle of one application one invention. The divisional application enjoys the application date of the original application. If the original application has a priority claim, the divisional application may retain the priority date of the original application. Where an applicant applies for division of cases, he/she shall fill in a special request for division of cases before 1993. Now the divisional application no longer sets up a separate request, but takes it as a column in the request. ① A divisional application may not change the type of application. The original application is an invention, and the divisional application shall also be an invention. The same applies to utility models or designs. The divisional application for changing the category will not be accepted. ② The applicant who submits a divisional application shall be the applicant of the original application or its legal successor. If the original application has more than one applicant, the divisional application shall be jointly submitted by all applicants. ③ The divisional application may be submitted by the applicant on his own initiative, or after receiving the notification from the examiner that the original application lacks unity and requires that the content of the application be limited. However, after the Patent Office has issued a notice of authorization for the original application, it may not file a divisional application. ④ If a divisional application is filed, the application number and application date of the original application shall be filled in this column. The application date of the original application is the application date of the divisional application. If the application number and application date of the original application are not filled in, it shall be treated as an ordinary patent application. ⑤ The content of the divisional application shall not exceed the scope recorded in the original application. If it exceeds the scope and is unwilling to delete it, the divisional application shall be rejected. ⑥ The divisional application shall submit the application documents and pay the application fee according to the requirements of the new application; At the same time, it shall, within two months from the date of filing the divisional application, go through various formalities that have already expired and pay various fees that have already expired, taking the application date of the original application as the starting point. In particular, for a divisional application for a patent for invention, it should be noted that the time limit for filing a request for actual examination and paying the maintenance fee is calculated from the date of filing the original application. If the original application enjoys priority, the time limit for actual examination of the request shall also be calculated from the priority date. ⑦ Where the original application enjoys the right of priority, a copy of the priority document of the original application shall be submitted at the same time as the divisional application is submitted. If the application is not submitted at the time of application, it shall be submitted within the prescribed time limit after receiving the notice of correction from the examiner, otherwise the application will be deemed to have been withdrawn.
(8) Box 11: Claim priority statement
China's patent law stipulates that there are two kinds of priority, one is foreign priority; The other is national priority. These two priorities are not automatically generated, and they can only be enjoyed after a declaration is made at the time of application and the prescribed procedures are gone through, and the Patent Office has examined them. Prior to 1993, the priority declaration had a separate form, which has now been used as a column of the request. ① The applicant claiming priority shall fill in this column the receiving country or the receiving office of the earlier application as the basis of priority (when the receiving office is an international organization that is a member of the Paris Convention, such as the European Patent Office, the receiving office can be filled in); Fill in the application date of the earlier application determined by the acceptance bureau of the earlier application; Fill in the application number of the earlier application given by the acceptance bureau. If this column is not filled in when claiming for priority, or if the receiving country (bureau) and application date are not filled in when claiming for foreign priority, the declaration of priority is deemed not to be filed when claiming for domestic priority without filling in the application date and application number. ② The receiving country (office) can be filled in with the abbreviation of the country or office, such as China, European Patent Office; It can also be filled in by international standard country representative. For example, if CN and EP require national priority, the name of the receiving country should not be omitted, and it should not be filled in as "China", but should be filled in: China or CN. The application date should be filled in Arabic numerals in the order of year, month and day, for example, 1992.10.7. The application number should be filled in the form given by the earlier receiving country (bureau). ③ Where multiple priorities are claimed, the receiving country (bureau) of each earlier application, the application date determined by the receiving country (bureau) and the application number shall be filled in. Where multiple priorities are claimed, the 12-month time limit for filing priority claims shall be calculated from the application date of the earlier application with the earliest application date. ④ The applicant claiming priority must be consistent with the applicant who applied first. If they are inconsistent (including the increase or decrease of the applicant), the priority transfer procedures shall be completed before the application. Where the right of domestic priority is claimed, if the earlier application is still valid, the right of priority cannot be transferred alone, but shall be transferred together with the right of application of the earlier application. Because the earlier application is deemed to be withdrawn from the date when the application for this priority is filed. ⑤ The applicant claiming the right of priority shall also, within two months from the date of filing the application, pay a priority claim fee (50 yuan for each item) according to the number of items claiming the right of priority. The foreign priority is required to submit a copy of the earlier application documents certified by the original acceptance office. If the fee for claiming the right of priority is not paid within the time limit, or the copies of the application documents are not submitted, the claim for the right of priority shall be deemed not to have been made. ⑥ An application for a patent for design cannot claim domestic priority, but can claim foreign priority. The time limit for an application for a patent for design to claim foreign priority is six months. The above columns should be typed or printed, otherwise the Patent Office will not accept them.
(9) Column 12: Description of no loss of novelty
According to the Patent Law of China, under certain special circumstances, the applicant shall disclose his/her invention and creation within 6 months before filing the patent application, without prejudice to the novelty of his/her patent application. ① Two of these special circumstances are printed after "" in this column. One is that they have been exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government before application; Second, it has been published at the specified academic conference or technical conference before application. In case of the above circumstances, please tick "". If you forget to check the box when applying, you are not allowed to submit the statement later. ② If the above statement is made (that is, tick ""), relevant certificates shall be submitted within two months from the application date. For example, the certificate issued by the exhibition organizing unit on the content and date of the invention creation being displayed, or the certificate issued by the conference organizing unit on the content and date of the invention creation being published. ③ The host department of the exhibition shall be the organizer of the academic and technical meetings of the relevant ministries and commissions of the State Council authorized by the Chinese government, and shall be the relevant department of the State Council or a national academic organization registered with the National Science and Technology Commission or the National Association for Science and Technology. ④ Although there is such a grace provision for novelty, it is still very unfavorable for inventors and applicants to patent protection to disclose the contents of invention creation before applying for a patent. The applicant shall try to avoid disclosing the contents of the invention creation before applying.
(10) Column 13: Request for confidential treatment
This column is only available in the patent application for invention. According to the regulations, all units of the national defense system shall file an application with the National Defense Patent Office for an invention patent that involves national security and needs to be kept confidential. In the application for a patent for invention of a product or method of a non national defense system, if the applicant believes that the technical content of the application may involve important national interests and should not be disclosed, he or she may tick this column to request a confidential examination. However, the competent department of the State Council in charge of the technology shall decide whether to keep it confidential or not. If it is necessary to keep confidential, the Patent Office shall handle it as a confidential patent application and notify the applicant. The confidential patent application and approved confidential patent shall not be disclosed to the public before declassification, and shall not be applied for patent abroad. The transfer and implementation of confidential patent shall not only be approved by the patentee, but also be approved by the department that originally decided to keep confidential.
(11) Columns 17 and 18: The list of documents and attachments ① is filled in by the applicant, and the Patent Office is responsible for verifying the integrity of the application documents, and checking whether the application documents are also accompanied or attached with other documents. ② The applicant shall fill in the copies and pages of each document on the list. The documents or attachments submitted by the applicant that are not listed in the list may be supplemented at the end. ③ The submission of documents shall be subject to the verification of the Patent Office. The Patent Office will fill in the verification on the request, and send one of them to the applicant together with the acceptance notice.
(12) Box 19: Signature of applicant or agency
Signature is the basic condition for a document to have legal effect. ① If the applicant is an individual, it shall be signed or sealed by the applicant in person; if the applicant is a unit, it shall be sealed with the official seal. If there are several applicants, all applicants shall sign or seal. ② Where a patent agency is entrusted, the patent agency shall affix its official seal, but a letter of authorization for patent agency signed by the applicant shall be submitted at the same time. If there are more than one applicant, the joint entrusted patent agency shall seal it and submit a letter of authorization for patent agency with the signatures and seals of all applications at the same time. ③ The signature and seal shall be consistent with the name of the applicant or patent agency filled in the request. The signature shall not be copied or signed on behalf of others. ④ If the above requirements are not met, it shall be deemed that the signing formalities have not been fulfilled. For example, if the request is sealed by the patent agency, but the valid patent agency power of attorney is not submitted at the same time, the signing procedure is invalid.
(13) Box 20: Request sending column
The column for sending the request shall be filled in by the applicant. It is the address for sending the acceptance notice. If it is not clearly filled in, the acceptance notice may not be delivered. If the applicant has entrusted a patent agency, this column should fill in the address and name of the patent agency and the name of the agent; If no patent agency is entrusted, the address and name of the applicant (when there is one applicant) or the applicant's joint representative (when there are several applicants) shall be filled in. If the applicant is a unit, fill in the address and name of the unit and the name of the contact person.
2. Instructions
(1) General requirements
① The contents of the invention or utility model shall be clearly and completely stated, so that ordinary professionals in the technical field can implement the invention and creation according to the contents. The specification shall not conceal any substantive technical points. ② The words in the instructions shall be consistent. It is necessary to use nouns and terms commonly used in the technical field, rather than jargon, except for those used with their specific meanings as definitions. ③ The international common measurement unit specified by the national measurement department shall be used. ④ The specification may contain chemical formula and mathematical formula, but not illustrations. The drawings of the specification shall be attached to the back of the specification. ⑤ In the title and text of the manual, commercial advertising terms such as "the latest style..." and "world famous brand..." cannot be used. Do not use language with uncertain meaning, such as "quite light......", "...... About", etc. It is not allowed to use names named after places and people, such as "××× tools". Trademarks, product advertisements, service marks, etc. are also not allowed to appear in the instructions. The specification does not allow any content that slanders or intentionally disparages others or their inventions and creations. ⑥ When technical documents in foreign languages or technical terms without uniform translation name are involved, the original text shall be indicated after the translation name.
(2) Structure and content of instructions
The specification of an application for a patent for an invention or utility model should generally be written in the following order and requirements, except that the special circumstances of the invention or utility model itself need to be explained in other ways. ① The names of the invention and utility model must be consistent with those in the request, and the subject of the invention or utility model shall be expressed concisely and clearly. It can be named according to its technical nature, such as "removing hardness in water by alkali method", or named according to its purpose, such as "camera automatic distance measuring device". If the technology is inseparable from the use, a dual nomenclature can also be used, such as "the method and device for extracting silver from waste developer by acid method". The number of characters is generally 15, and the maximum length is 40. The name shall be written at the top center of the first page of the instruction, and the text of the instruction shall be written on the next blank line. ② The technical field to which the invention or utility model belongs is the first natural paragraph of the text. Generally, the technical field to which the invention or utility model directly belongs or the technical field of direct application should be explained in one sentence, rather than the invention itself. For example, if the invention is to improve the connection of the comparator in the main oscillator clock circuit, It can be written as "The invention relates to a main oscillator clock circuit composed of a comparator". ③ Indicate the background technologies for understanding, searching and examining the invention creation or related technologies that the applicant knows, and quote documents reflecting these background technologies. Objectively point out the problems or shortcomings of the background technology. The Beijing technology quoted by the applicant here should be the background technology closest to the invention as far as the applicant knows. In addition, there is no need to fully discuss the problems or shortcomings of the background technology, just point out the problems or shortcomings that the applicant's invention needs to solve. If possible, it can explain the difficulties that predecessors have encountered to solve these problems. ④ Propose the purpose or task of the invention or utility model, and explain the technical problem to be solved. This section should be consistent with the previous section. In view of the problems or shortcomings of the background technology mentioned above, the technical problems to be solved by the invention should be explained from the front. Sometimes multiple purposes or tasks can be proposed, but they must be technical problems that can be solved by the same invention or several inventions under the same invention concept. ⑤ Write the technical solution of the invention or utility model clearly and concisely, so that ordinary technicians in the technical field can understand the technical solution, and can use the technical solution to solve the technical problems raised, so as to achieve the purpose of the invention or utility model. Technical solutions are an organic combination of various technical measures, which are generally reflected by technical characteristics. Therefore, to clearly and concisely write the technical scheme of the invention or utility model is to define the invention by the organic combination of several technical features. Generally, the description of the technical solution of the invention in this paragraph and the description of the independent claims in the claims are identical in the substantive part. ⑥ The advantages, features or positive effects of the invention or utility model compared with the existing technology can be compared from the aspects of the performance, cost, efficiency, service life, materials, energy consumption, convenient and safe operation or reduction of environmental pollution of the method or product. The evaluation should be objective and fair, and should not mean to belittle the existing technology. The conclusion of advantages, features or positive effects can be obtained through the comparative analysis of the technical features of the invention and the existing technology, or through statistical data or experimental data, but it is not allowed to use false language to cheat or make groundless assertions. ⑦ Requirements for the description of drawings: if it is necessary to use drawings to help explain the technical content of the invention, there should be drawings (drawings must be available for new models), and each drawing should be given an introductory description, generally in the form of "Figure 1 is..." and "Figure 2 is...". For example, "Figure 1 is the circuit diagram of the main oscillator clock circuit of the invention", "Figure 2 is the voltage waveform diagram of control terminal A in the circuit shown". ⑧ Describe in detail the best way that the applicant believes to implement the invention or utility model, and take it as a typical example, list the parameters and conditions related to the key points of the invention. If there are drawings, it should be explained with reference to the drawings. No substantive technical points can be concealed in the technology. If necessary, under the condition that the scope of protection of the claims is relatively wide, And where it is difficult to judge the scope of application of the invention from theoretical analysis or practical experience, multiple embodiments shall be cited. In particular, inventions related to chemical substances usually have several or even dozens of examples. The description in this paragraph enables ordinary professionals in the technical field to implement invention and creation according to this content, and makes the content of each technical feature in the independent claims clear and supported by the description. ⑨ If the invention relates to microorganisms, the application documents shall indicate the characteristics, classification and naming of the microorganisms, and indicate the Latin name. Several parts of the above instructions are generally described in separate paragraphs. For inventions with particularly simple contents, the contents of ⑤, ⑦ and ⑧ can be combined into one paragraph.
3. Claims
The Patent Law stipulates that the scope of patent protection shall be subject to the approved claims. A claim is a document specially recording a claim, which consists of one or more claims.
Part 4: Model Document of Patent Application for Invention
1. Form of formalities
The applicant shall go through various formalities with the Patent Office in the examination and approval procedure in written form and use the unified form formulated by the Patent Office. At present, there are 36 kinds of request forms formulated by the Patent Office. In addition to three kinds of application forms, including three kinds of request, specification, claims, abstract, drawings of the specification, drawings of the abstract, design drawings or photos, and brief description of the design, the commonly used formality forms include: letter of attorney for patent agency, request for fee mitigation, statement of request for advance publication, request for substantive examination, supplement, statement of opinion, request for restoration of rights Request for extension of time limit, request for reexamination, etc.
The formality form shall be filled in correctly according to the instructions for filling in the form, and shall be signed and sealed by the applicant. Only one procedure of one patent application can be handled in one procedure form. For example, only one patent application can be corrected in one correction sheet, and it is not allowed to correct two or more patent applications in one correction sheet; It is also not allowed to go through the formalities of correction and other formalities, such as changing the address of the applicant, for a patent application on a correction sheet.
In the absence of a unified form, in addition to the content to be explained or requested by the applicant, the name or title of the applicant shall also be indicated, the application number and the title of the invention creation of the patent application to which the procedure is directed shall be indicated, and appropriate titles shall be placed at the top of the submitted documents as far as possible. For example, if the inventor requests not to publish his/her name, he/she can write the title of "the inventor requests not to publish his/her name statement" on the top of the submitted request, and then write down the application number, the name of the invention creation, the name or name of the applicant, and then write down the content of the statement, which should be signed and sealed by the inventor finally.
2. Submission of formalities form
Unless otherwise specified, forms or documents for handling various procedures shall be in duplicate, one of which is the original and the other is the copy. After the formality form is submitted or mailed to the acceptance office of the Patent Office, the acceptance office will pierce the date hole, verify the registration, and return one copy to the applicant as the receipt certificate. Where the applicant submits or sends the procedure documents to the examiner or to other departments or individuals of the Patent Office, they shall not have legal effect unless the recipient sends the documents to the acceptance office for further acceptance. For documents delivered to the acceptance office, if the envelope has been opened, the date of delivery shall be the date of handling procedures. So in order not to waste time, applicants should not send their applications to individuals.
According to the provisions of the Detailed Rules for Implementation, one letter shall contain only the documents of the same application. Therefore, if the applicant goes through several procedures at the same time, unless it is the same application procedure document, it shall not be sent in the same registered letter. If several formalities are involved in the process of hand delivery, it shall be explained and shall not be nailed together. When mailing documents to the Patent Office, several formalities documents of the same patent application can be put in a registered letter, but there should be a list of documents and several formalities documents should not be nailed together.
3. Fees and duration of formalities
Where the formalities handled require payment of fees, the formalities will take effect only after the applicant has paid the fees as required. For example, if a request is made for a change of a bibliographic item, the fee for the change of a bibliographic item shall be paid at the same time as the application for the change of a bibliographic item is submitted, or within one month at the latest. If the applicant fails to pay the relevant fee within the time limit, the change declaration procedure shall be deemed not to have been proposed. Where the applicant pays the service fee, the application number, the name or title of the applicant, the purpose of the fee, the amount, and the address and name of the payer shall be indicated.
Any formalities required by law or within the time limit specified by the Patent Office must be completed before the expiration of the time limit. Any formalities that are overdue are invalid or deemed not to have been submitted. If the formalities documents are mailed, the date of mailing shall be the date of going through the formalities, and if the documents are handed in personally, the date of payment shall be the date of going through the formalities. If the formalities involve fees, the applicant shall also pay the prescribed fees before the expiration of the time limit.
4. Basic requirements for filling in the formalities form
The formalities form starts with the bibliographic item (i.e. the application number of the application, the applicant, the name of the invention, the patent agency, etc.), and should be filled in exactly the same as the content filled in the request. If the inventor, applicant or patent agency is changed due to various reasons, it shall go through the formalities for changing the bibliographic items with the Patent Office in a timely manner. It is not allowed to change these items in other documents, which will invalidate the formalities or be deemed not to have been proposed. For example, an application has not gone through the applicant change procedures after the transfer, but the transferee has filled in his own name in the applicant column of the actual examination request without authorization when making the actual examination request. Since the application has not gone through the applicant change procedures, the actual examination request is naturally invalid, so the actual examination request is deemed not to have been made.
The applicant shall make a clear request when going through various formalities, and shall not use ambiguous or pre requisite language. For example, an applicant wrote in the declaration for early publication: "If the application is expected to be approved, please publish it in advance", or wrote in the correction letter: "If the examiner believes that the correction is beyond the scope, please refer it to the acceptance office as a new application." For a class of formalities or requests, the Patent Office will be deemed to have proposed.
There shall be no offensive and slanderous language against the staff of the Patent Office, applicants or others, as well as contents irrelevant to the formalities themselves, in the various formalities documents handled. The opinions of the staff of the Patent Office, or the disclosure of the illegal and derelict acts of the staff of the Patent Office, shall be separately reported to the Supervision Office of the Patent Office, the Director or the discipline inspection department of the Party. If there is any of the above contents in the procedure documents, they shall be deleted. If they do not agree to be deleted, the procedure shall be deemed not to have been proposed.
5. Certification and signature
All formalities documents shall be signed and sealed as required, and the signature and seal shall be identical with the name or title filled in the request. In the actual review, the signature is sometimes inconsistent with the name filled in the request. For example, the name filled in the request is "Beijing Electroplating Factory" and the signature is "Beijing Electroplating Factory". Although the difference is not significant, the validity of the signature cannot be determined during the review. Signature and seal shall not be copied.
The procedures involving the change of rights, such as: when the change applicant withdraws the patent application, all the applicants should sign and seal, other procedures can be signed and sealed by the representative of the applicant, and if the patent agency is entrusted, the patent agency should sign and seal.
If the procedures to be handled need to be accompanied by specific supporting documents or attachments, the supporting documents and attachments shall be the original or duplicates, and no photocopies shall be used. If there is only one original, the photocopy can be used, but the proof that the photocopy issued by the notary office is consistent with the original shall be attached at the same time.
Part 5: Model Document of Patent Application for Invention
March 17, 2003
SCQ [2002] No. 3
In order to implement the relevant policies of the Decision of the Central Committee of the Communist Party of China and the State Council on Strengthening Technological Innovation, Developing High Technology, and Realizing Industrialization (ZF [1999] No. 14), strengthen the protection of intellectual property rights in Shenzhen, encourage invention and creation, promote technological innovation, and promote scientific and technological progress and economic development, the Administrative Measures of Shenzhen for Patent Application Funding has been formulated and is hereby promulgated, Implemented on April 1, 2003.
Administrative Measures of Shenzhen Municipality on Subsidy for Patent Applications
Chapter I General Provisions
Article 1 These Measures are formulated to encourage the municipal organs, enterprises, institutions and individuals to actively engage in invention and creation, and promote the scientific and technological progress and economic development of our city.
Article 2 The following units and individuals may apply to the Municipal Intellectual Property Office for patent application subsidy if they apply to the Patent Office of the State Intellectual Property Office for invention patent, utility model patent or foreign invention patent:
（1） Party and government organs of our city and enterprises, institutions and social organizations registered in our city;
（2） Individuals who have permanent residence in our city and work and study in our city;
（3） Individuals who work in Shenzhen and hold Shenzhen Talent Residence Permit or Shenzhen Work Permit for Students Studying Abroad;
（4） Students studying in full-time colleges and universities in our city;
（5） Shenzhen students studying in full-time colleges and universities in the mainland.
Other persons who work and study in Shenzhen and hold the Temporary Residence Permit for Labor Services in Shenzhen Special Economic Zone and the Temporary Residence Permit for Non labor Services in Shenzhen Special Economic Zone, whose invention patents and utility model patents are of great significance to the economic development of our city, may also apply for subsidies in accordance with these Measures.
Article 3 The patent application subsidy fund shall be disbursed from the special funds related to the development of municipal financial science and technology undertakings.
Article 4 The scope of use of patent application subsidy funds:
（1） . Subsidy for application fees for applying for invention patents and utility model patents to the Patent Office of the State Intellectual Property Office and for applying for invention patents abroad;
（2） Reward the units and individuals whose patented products produce greater economic and social benefits.
Chapter II Funding Conditions, Amount and Methods
Article 5 Applications for patent application subsidies shall meet the following conditions:
（1） Their inventions and creations conform to the industrial development direction of our city;
（2） The domestic patent application has been accepted by the Patent Office of the State Intellectual Property Office, and passed the preliminary examination or granted patent rights;
（3） The first applicant in the joint patent application is the unit or individual specified in Article 2 of these Measures;
（4） Foreign related patents shall have been granted patent rights by foreign patent offices.
Article 6 The unit or individual applying for financial aid shall submit the following materials to the Municipal Intellectual Property Office:
（1） Application Form for Patent Application Funding in Shenzhen;
（2） . Notice of acceptance of patent application, notice of qualification of preliminary examination, front page of patent request and publication number of invention patent application issued by the Patent Office of the State Intellectual Property Office;
（3） The receipt of the patent application and examination fee for invention issued by the Patent Office of the State Intellectual Property Office, the patent certificate for invention or utility model (if the patent application for invention is represented by an agency, the receipt of the agency fee issued by the agency shall be provided);
（4） The qualification certificate of a unit or relevant identity, work (study) and certificate of an individual in Shenzhen;
（5） . For the application of foreign invention patent, the patent application acceptance notice issued by the Patent Office of the State Intellectual Property Office, the patent application acceptance document issued by the patent office of the receiving country or region, the title page of the patent disclosure text and the patent certificate shall be submitted;
（6） Guarantee of ownership of patent application right.
Article 7 An application for patent application for invention subsidy may be filed within 6 months after substantive examination and payment of the examination fee, or within 6 months after obtaining the patent certificate, or it may be filed together within 6 months after obtaining the patent certificate.
The application for subsidizing the patent application for utility model shall be filed within 6 months after obtaining the patent certificate.
Article 8 The domestic invention patent application subsidy may be paid in two installments according to the progress of obtaining the patent certificate:
（1） After the applicant requests substantive examination and pays relevant fees, it will subsidize RMB (the same below), 2200 yuan (but if the fees approved by the Patent Office of the State Intellectual Property Office are slowed down, the patent application fee and examination fee will be subsidized according to the actual expenditure if they are lower than the amount of subsidy);
（2） After obtaining the patent certificate, the subsidy will be 1500 yuan for each one, and 1700 yuan will be increased if the patent agency is entrusted to act as the agent.
If the applicant applies for the subsidy together after obtaining the patent certificate, the Municipal Intellectual Property Office shall make a one-time payment according to the above subsidy standards.
Article 9 The utility model patent that conforms to the Shenzhen High tech Product Catalogue will be given a one-time subsidy of 600 yuan after obtaining the patent certificate.
Article 10. After obtaining the patent certificate, foreign invention patents will be given a one-time subsidy in two grades according to different countries and regions (at most two countries or regions will be subsidized for each patent):
（1） 50000 yuan for each patent obtained in the United States, the European Union, Japan and other countries;
（2） Other countries or regions with patent examination and approval authorities will subsidize 30000 yuan each.
Chapter III Acceptance and Approval
Article 11 The Municipal Intellectual Property Office shall complete the examination within 5 working days after receiving the application report and relevant materials.
If the conditions are met after examination, the Municipal Intellectual Property Office will notify the applicant to obtain patent subsidy funds or directly allocate the funds to the applicant according to the method provided by the applicant after receiving the funds from the Municipal Finance Bureau.
Article 12 Under any of the following circumstances, the case shall not be accepted:
（1） . The application conditions are not met;
（2） . It does not belong to the scope of funding;
（3） Failing to fill in the Application Form for Patent Application Funding in Shenzhen as required;
（4） The materials provided are not complete;
（5） . It has received similar subsidies from other government departments.
Chapter IV Fund Management
Article 13 The patent application subsidy fund shall be managed in a special account, and the Municipal Finance Bureau shall allocate it to the Municipal Intellectual Property Office according to the patent subsidy summary amount approved by the Municipal Intellectual Property Office every quarter.
Article 14 The beneficiaries of these Measures are patent applicants, and patent agencies and patent agents are not beneficiaries of these Measures.
Article 15 The annual amount of patent application subsidy is determined according to the total amount of patent subsidy in the previous year. The patent fund is earmarked for specific purposes. If there is a balance in the current year, it will be retained for use in the next year.
Article 16 The Municipal Intellectual Property Office may apply for special business expenses at the standard of no more than 1% of the total amount of patent application subsidy funds, which shall be included in the department budget after being reviewed by the financial department.
Article 17 The Municipal Finance Bureau shall supervise and inspect the use of patent application subsidy funds. If an entity or individual applying for the subsidy funds fraudulently obtains the subsidy funds, once it is found, it shall be ordered to turn over all the subsidy fees to the municipal finance and be investigated for responsibility according to law.
Chapter V Supplementary Provisions
Article 18 The patent agency referred to in these Measures shall be an agency registered in Shenzhen according to law.
Part 6: Model Document of Patent Application for Invention
According to Article 10 of the Standards for Examination of Foreign Language Trademarks and the Standard Trademark Law for Examination of Foreign Language Trademarks, the following marks shall not be used as trademarks: (1) those identical with or similar to the national name, national flag, national emblem, or decorations of the People's Republic of China, or those identical with the names of specific places where the central state organs are located or the names and graphics of landmark buildings; （2） State names, national flags, national emblems and military forces of foreign countries
Trademark Use and Management Contract Party A and Party B sign a trademark use and management contract for ××× trademark (hereinafter referred to as the contract trademark) in accordance with the Trademark Management Measures of XX Group and the relevant provisions of the national trademark management laws and regulations.
Trademark logo design entrustment contract Party A: _________ Party B: _________ In accordance with the provisions of the Contract Law of the People's Republic of China and relevant laws and regulations, Party B accepts the entrustment of Party A to sign this contract on the company logo design or the company's product trademark design through consensus, and abide by and implement: 1 Entrusted item: Party A entrusts _________ to design logo for its company
Trademark License Registration Form Registered Trademark License Registration Form Registered Trademark Name Yes
Patent Technology Cooperation Agreement Party A: * * * Cookware Co., Ltd. Party B: Based on the principle of mutual benefit and friendly cooperation, Party A and Party B have reached the following agreement on the specific matters of technical cooperation between the two parties: 1. Party A's rights and obligations 1. Party A is responsible for providing product technical guidance and training 2. Party A is responsible for product instructions, production and interpretation 3 Party A can assist Party B in ordering
Model Trademark Assignment Agreement Transferor of trademark right: (Party A) Transferee of trademark right: (Party B) Party A and Party B have reached the following agreement on the assignment of trademark right through consultation: 1. Name of the transferred trademark: 2. Pattern of the trademark (with the pattern of the trademark affixed and the transferor's seal on the perforation): see Annex 1. 3. Trademark registration number: 4. Time for the next renewal of the trademark: 5 The trademark is
International Automobile Trademark Application Contract Whereas Party A has the exclusive right of technical information and other materials involved in the production and sales of contract products; Whereas Party B hopes to obtain the license right to use the above technical assistance and the right to continue technical assistance for the purpose of producing, using and selling the contract products; Whereas Party B wishes to use the following trademarks owned by Party A:
Sample of Patent Right Transfer Contract The contracting parties to this contract have negotiated on an equal basis with respect to the patent right transfer, technical content, rights and interests of achievements, payment of fees, liability for breach of contract, and related technologies and materials described in this contract, and on the basis of truthful and full expression of their own wishes, according to the Contract Law of the People's Republic of China and the Patent Law of the People's Republic of China Rules
International Patent License Contract Party A: _________ Party B: _________ Whereas Party B owns the patented technology described in the contract; Party B has the right and agrees to grant Party A the right to use, manufacture and sell the patented technology; Party A hopes to use Party B's patented technology to manufacture and sell the contract products; After friendly negotiation, the authorized representatives of both parties agree to
Patent Implementation Self use License Contract Patent Name: _________ Patent No.: _________ Licensor: _________ Licensee: _________ Place of Signing: _________ Date of Signing: _________ Date of Expiry Date: _________ Date of Expiry Date: _________ In view of the fact that the licensor _________ owns _________ patents, this patent
The licensor of the license contract for the use of patents and proprietary technologies: _________ Licensee: _________ Whereas: _________ has been approved by the State Council to restructure its assets (hereinafter referred to as "restructuring"), and as the initiator, in accordance with the laws of China, established _________ Company on _________.
Patent license contract Licensee: _________ Licensor: _________ Licensor is the sole patentee of the Chinese patent No. _________. The Licensor filed an application for the invention under the patent No. _________ to the China Patent Office on _________. The application number is _________. The China Patent Office filed an application in __________________
Patent name of patent technology implementation license contract: _________ Patent number: _________ Licensor name: _________ Address: _________ Representative: _________ Licensee name: _________ Address: _________ Representative: _________ Contract filing number: _________ Foreword (in view of the terms) -- Whereas the Licensor (_________) owns _________ patent
Contract No. of Patent Application Right Transfer Contract: _________ Kejihezi (_________) No. _________ Project name: _________ Technology transferee: _________ (official seal) (Party A) Technology transferor: _________ (official seal) (Party B) Intermediary: _________ (official seal) Contract registration authority: _________ (official seal) Date of signing:________
Patent right transfer contract (4) Whereas the transferor _________ (name or title note: must be consistent with the legal documents of the patent transferred) owns _________ (patent name note: must be consistent with the legal documents of the patent) patent, its patent number _________ (nine digits), _________ public number (eight digits including the last letter), and announcement number _________ (eight digits,
Whereas: the parties to this contract have reached the following agreement on the contents of the transfer of patent application right, payment of fees, liability for breach of contract, and related technologies and materials, etc., through equal consultation, on the basis of truthful and full expression of their own wishes, in accordance with the provisions of the Contract Law of the People's Republic of China, By the contracting parties
Patent Right Assignment Contract (5) Foreword Patent Name: _________ Licensee: _________ Licensor: _________ Patent Number: _________ Whereas the transferor _________ owns _________ patent, this patent is a non service invention creation, its patent number is _________, the application date is _________, and the announcement date is _________
Model Patent Assignment Contract Contract No.: _________ Transferee: _________ (hereinafter referred to as Party A) Legal address: _________ Legal representative: _________ Title: _________ Authorized agent: _________ ID card No.: _________ Postal address: _________ Contact person: _________ Tel: _________ Fax
Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China: The No. _________ trademark approved and registered by your office will expire on the date of _________. Now apply for renewal of registration.
Trademark Office of the State Administration for Industry and Commerce: Now we plan to apply for registration with the trademark _________, which is used for the following goods in category _________ of the commodity classification table. -------- Room -------- Room -------- Room -------- ││││ Technical standards ││ Commodity name │ Commodity use │ Main raw materials
Licensor of trademark use license contract: _________, an enterprise established and existing legally in accordance with the laws of China, and related subordinate enterprises or units of its plenipotentiary. Licensee: _________, a limited liability company established and validly existing in accordance with the laws of China.
International Trademark License Agreement This Agreement is entered into by and between _________ Company (hereinafter referred to as the Licensor) and _________ (hereinafter referred to as the Licensee) on _________.
Trademark License Agreement Headquarters: _________. Franchisee (branch): _________. In order to regulate the licensing of trademarks in the franchise system and maintain the image and reputation of the franchise system, according to the Franchise Contract concluded between the headquarters (branch) and the branch (franchisee) on
International (Non exclusive) Trademark Use License Contract Party A (Licensor): _________ Address: _________ Postal Code: _________ Telephone: _________ Legal Representative: _________ Title: _________ Party B (Licensee): _________ Address: _________ Postal Code: _________ Telephone: _________ Legal Representative:_________
Trademark and Trade Name License Agreement Whereas: Licensor is the owner of _________ trademark and trade name written in Latin and Chinese, and the registration and application (license trademark) in the format listed in Annex a to this Agreement. WHEREAS, the Licensee is prepared to market, manufacture, supply and install _________ stay cables and suspension cable structural systems (Contract No
The licensor of the license contract for the use of registered trademark: _________ (hereinafter referred to as Party A) The licensee: _________ (hereinafter referred to as Party B) After negotiation between Party A and Party B, the following agreement has been reached: 1. Party A permits Party B to use the No________
International Trademark License Contract (Automobile) Whereas Party A has the exclusive right of technical information involved in the production and sales of contract products, including design, technology, process, formula, skills and other materials; Whereas Party B hopes to obtain the license right to use the above technical assistance and the right to continue technical assistance for the purpose of producing, using and selling the contract products; Whereas B
Trademark License Contract Contract No.: _________ Licensor: _________ Legal address: _________ Legal representative: _________ Title: _________ Authorized agent: _________ ID card number: _________ Postal code: _________ Contact person: _________ Tel.: _________ Fax: _________ Account
Trademark License Contract (Tobacco) This contract is signed by _________ (hereinafter referred to as the Licensor) and _________ (hereinafter referred to as the Licensee). Whereas the Licensor has obtained the trademark registration of _________, _________ and _________ cigarettes in the People's Republic of China, and has the right to transfer the use license of the above trademarks; AND WHEREAS the Licensee is willing to obtain
International Trademark License Contract China _________ (hereinafter referred to as the Licensee) is one party, and _________ Company (hereinafter referred to as the Licensor) is the other party: in view of the fact that the Licensor has a certain value and registered trademark; Whereas the Licensee wishes to use this trademark in the manufacture, sale and distribution of the Products; Through friendly negotiation, the authorized representatives of both parties agree to
Renewal of trademark registration certificate If the trademark registration certificate is damaged, mildewed and slightly polluted, such as graffiti and graffiti, it shall go through the formalities for renewal and return the original registration certificate. L Required procedures: 1. Affix the company's official seal on the application for reissue of trademark registration certificate and power of attorney. See relevant procedures for the form. 2. 5 trademark drawings. 3. Copy of registration certificate.
The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People's Republic of China withdrew the application for trademark review: the applicant applied to your commission for trademark No. in category on, and the trademark review number is. In accordance with the provisions of Article 34 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, we hereby apply to withdraw the application for trademark review.
Application for the determination of a registered trademark dispute (body style) Name of the applicant: Address: Name of the legal representative or responsible person: Title: Name of the trademark agency organization: Address: Name of the respondent: Address: Request for review: Facts and reasons: Annex: Seal of the applicant (signature) Stamp of trademark agency organization Signature of agent: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date:
Trademark assignment The assignment of a trademark means that the owner of a registered trademark transfers its registered trademark to another person in accordance with legal procedures, and the assignee enjoys the exclusive right to use the registered trademark. L Procedures required for transfer: (1) Application form and power of attorney for transfer of registered trademark. (2) Copy of the Transferee's Business License.
Transfer of Chinese Trademarks Transfer of a trademark means that the owner of a registered trademark transfers its registered trademark to another person according to legal procedures, and the transferee enjoys the exclusive right to use the registered trademark. L Procedures required for transfer: (1) Application form and power of attorney for transfer of registered trademark. (2) Copy of the Transferee's Business License.
Application for renewal of registered trademark l The period of validity of a registered trademark is 10 years. If it is necessary to continue to use the registered trademark at the expiration of the period, it shall apply for renewal of registration within six months before the expiration; If no application is filed during this period, a six-month grace period will be granted. If no application is filed at the expiration of the grace period, the registered trademark shall be cancelled. L Required procedures: 1. Stamp the company's official seal on the application for renewal of registration and the power of attorney.
Rules for the Implementation of the Patent Law of the People's Republic of China Rules for the Implementation of the Patent Law of the People's Republic of China (approved by the State Council on December 12, 1992 to amend Order No. 3 of the Patent Office of the People's Republic of China on December 21, 1992) Chapter I General Provisions Article 1 These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
The Notice of the General Administration of Customs and the Patent Office of the People's Republic of China on the Issuance of the Provisions on Several Issues Concerning the Implementation of Customs Protection of Patent Rights, Guangdong Branch, the customs directly under the General Administration of Customs, and the patent administration organs of provinces, autonomous regions, and municipalities directly under the Central Government: In order to implement the relevant provisions of the Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights, Effectively protect the patentee and others
Regulations on Accepting Taiwan Patent Applications [Classification No.] 402001199303 [Title] Notice of the China Patent Office on Printing and Distributing Regulations on Accepting Taiwan Patent Applications [Timeliness] Valid [Issuing Unit] Patent Office [Issuing Date] 19930329 [Implementation Date] 19930501 [Expiration Date] [Content Classification] Patent Application Approval Procedure [Document No.] National special development law
Provisions on Patent Applications for Inventions and Creations Completed by Chinese Scholars Abroad [Classification No.] 402001198602 [Title] Notice on the Issuance of Provisions on Patent Applications for Inventions and Creations Completed by Chinese Scholars Abroad by the China Patent Office, the Ministry of Foreign Affairs and the State Science and Technology Commission [Timeliness] Valid [Issuing Unit] China Patent Office, the Ministry of Foreign Affairs and the State Science and Technology Commission [Issuing Date] 19860201 [Implementation Date] 19860201【
On Patent Applications in Mainland China and Hong Kong after Hong Kong's Return [Classification No.] 402001199730 [Title] On Several Issues Concerning Patent Applications in Mainland China and Hong Kong after Hong Kong's Return [Timeliness] Valid [Issuing Unit] Patent Office of the People's Republic of China [Issuing Date] 19971229 [Implementation Date] 19971229 [Expiration Date] [Content Classification] Patent Application Approval Procedure [Document No
Interim Provisions on Entry Quarantine of Microbial Bacteria (Viruses) and Cultures for Patent Procedure [Classification No.] 402001198503 [Title] Notice on Interim Provisions on Entry Quarantine of Microbial Bacteria (Viruses) and Cultures for Patent Procedure [Timeliness] Valid [Issuing Unit] Ministry of Health/Ministry of Agriculture, Animal Husbandry and Fisheries/China Patent Office [Issue Date] 19850910 [Implementation Date]
What is patent literature? Patent documents are the general name of official documents and publications produced in the process of patent approval by countries and international patent organizations that implement the patent system. Early patent documents are called patent certificates or invention patent certificates, which are legal documents granted to inventors exclusively.
What are the benefits of using patent literature? Patent literature is a treasure house of intelligence and a guide to invention. Its use value can be summarized as follows: (1) Patent documents are the main reference materials for scientific researchers to draw up scientific research topics, formulate scientific research plans, master foreign scientific and technological levels, and overcome technical difficulties, as well as the basis for trial production of new products and technological upgrading.
What is legal information in patent literature? What's the use? Patent literature is a kind of legal document. The "claims" and relevant bibliographic items published by it have legal effect, and are also the basis for determining the country of production of the product, or preparing for export and import without causing infringement.
What is technical information in patent literature? What's the use? Each patent specification not only records the latest technical solution to a certain subject in detail, but also involves a wide range of applied scientific and technological fields. These technical information can be seen in the classification, claims, abstracts or drawings of patent literature. In addition, it is characterized by strong systematicness and fast reflection of new technologies. It can be said that patent literature is the best way to provide technical information
What is economic information in patent literature? What's the use? The number of patent families in patent literature is one of the important economic information. It clearly reflects the potential technology market and economic sphere of influence of invention, and discloses its economic information. For example, a Belgian patent has been applied for successively in the Federal Republic of Germany, the Netherlands, Denmark, France, the United Kingdom, the United States, Austria and other countries. This information shows that the invention has been
What are patent families, patent families and basic patents? Patent protection is considered to be an important prerequisite for large-scale technological exchanges among countries. With the development of science and technology, international exchanges of patent technology are increasingly frequent. However, due to the strict regionality of patent rights, people must apply for patents for their inventions and creations in many countries if they want to obtain multinational patent protection for a new invention technology. Therefore
What are the types of patent specifications? Patent document is the basis of patent system, and patent specification is the main body of patent document. The patent specification published in each country is not only a technical document that describes the details of each invention and creation for which a patent is applied, but also a legal document that reflects the type of patent right and its legal status of the application.
What are the parts of a patent specification? Generally, a patent specification includes: patent literature description items, claims, specifications, drawings, and abstracts. Some patent specifications are also attached with search reports. The patent literature description item is usually published on the title page of the patent specification, which provides people with information characteristics about the technology, law and other aspects of the invention and creation contained in the specification.
Application for Reexamination of Cancellation of Registered Trademark (body style) Name of Applicant: Address: Name of Legal Representative or Responsible Person: Title: Name of Trademark Agency Organization: Address: Request for Review: Fact and Reason: Annex: Seal of Applicant (signature) Seal of Trademark Agency Organization Seal of Agent Signature: MM/DD/YYYY Description: 1. This form is for the parties to follow the Trademark Law Article 49 Provisions on trademark review
Application for Reexamination of Trademark Objection (body style) Name of Applicant: Address: Name of Legal Representative or Responsible Person: Title: Name of Trademark Agency Organization: Address: Name of Respondent: Address: Request for Review: Fact and Reason: Annex: Seal of Applicant This form is for the parties to follow
Application for Reexamination of Rejected Trademark Registration Application (body style) Name of Applicant: Address: Name of Legal Representative or Responsible Person: Title: Name of Trademark Agency Organization: Address: Request for Review: Fact and Reason: Annex: Seal of Applicant (signature) Seal of Trademark Agency Organization Seal of Agent Signature: MM/DD/YYYY Description: 1. The form is for the parties to follow the Trademark Law Article 32 The Trademark Review and Adjudication Board
Withdrawal of trademark opposition application Objection applicant name: Agency organization name: Objection trademark: Preliminary approval number: Category: Objection applicant stamp (signature): Agency organization stamp: Agent signature: Note: 1. If no agency is entrusted, no agency item is required. 2. Domestic applicants do not need to fill in English.
Part 7: Model Document of Patent Application for Invention
2. If you apply for a patent for invention and still apply in the name of an individual, you must also pay an application fee and an authorization registration fee (calculated according to the annual fee of the year of authorization).
3. In addition to the above fees, you should also pay patent agency fees if you want to find an agency.
Details of fees for the following patent applications:
（1） Application fee
1. Application fee for invention patent: 900, printing fee 50
2. Utility model patent application fee: 500
3. Design patent: 500
（2） Maintenance fee for invention patent application: 300 per year
（3） Examination fee for invention patent application: 2500
（4） Review fee
1. Invention patent: 1000
2. Utility model patent: 300
3. Design patent: 300
（5） Service charge for change of entries
1. Change of inventor, applicant and patentee: 200
2. Change of the entrustment relationship of patent agency and agent: 50
（6） Priority claim fee: 80
（7） Recovery claim fee: 1000
（8） Cancellation request fee
1. Patent right for invention: 30
2. Utility model patent right: 20
3. Design patent: 20
（9） Fee for invalidation request
1. Patent right for invention: 3000
2. Utility model patent: 1500
3. Design patent: 1500
（10） Mandatory license request fee
1. Invention patent: 300
2. Utility model patent: 200
（11） Mandatory license use adjudication request fee: 300
（12） Patent registration, printing and printing fees
1. Invention patent: 255
2. Utility model patent: 205
3. Design patent: 205
（13） Surcharge
1. The first extension request fee is 300 per month; The request fee for further extension is 2000 per month.
2. Claim surcharges shall be increased by 150 from Item 11.
3. The surcharge for the instructions shall be increased by 50 from page 31 and by 100 from page 301.
Tips:
Part 8: Model Document of Patent Application for Invention
Full text of Shanghai Patent Protection Regulations Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Patent Law of the People's Republic of China, the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China and other relevant laws and administrative regulations, in combination with the actual situation of this Municipality, in order to protect the patent right for invention and creation, safeguard the legitimate rights and interests of the patentee, promote technological innovation, and maintain the order of the market economy.
Article 2 These Regulations shall apply to patent protection activities such as patent administration, administrative handling and mediation of patent disputes, and investigation and handling of patent violations within the administrative area of this Municipality.
Article 3 The municipal and district/county people's governments shall strengthen their leadership over patent work, improve the patent awareness of the whole society, strictly implement the laws and regulations on patent protection, and safeguard the legitimate rights and interests of patentees.
Article 4 The Shanghai Municipal Intellectual Property Office (hereinafter referred to as the Municipal Intellectual Property Office) is the administrative department in charge of patent work in this Municipality, which is responsible for patent administration within the administrative area of this Municipality and organizes the implementation of these Regulations.
The administrative departments for patent affairs under the district/county people's governments shall, in accordance with the provisions of these Regulations, carry out patent related work under the guidance of the Municipal Intellectual Property Office.
Other relevant administrative departments shall, in accordance with their respective duties, do a good job of patent protection.
Article 5 Relevant industry associations shall encourage members to apply for and implement patents, urge members to respect the patent rights of others, support members to safeguard their own patent rights, and provide patent advisory services for members.
Article 6 Any entity or individual has the right to report patent violations to the patent administration department or other relevant departments.
Chapter II Patent Administration
Article 7 The Municipal Intellectual Property Office and the patent administration departments of the district/county people's governments hereinafter referred to as the patent administration departments and other relevant administrative departments shall guide enterprises and institutions to carry out patent protection work, and guide enterprises and institutions to establish and improve the patent administration system.
Article 8 Units and individuals are encouraged to timely apply for domestic and foreign patents for inventions and creations that meet the conditions for patent application.
Article 9 Enterprises, institutions and individuals are encouraged to carry out patent searches on their own or by entrusting intermediary institutions engaged in patent services when they are engaged in technology development, import and export trade, or when they are contributing to the establishment of enterprises with patent rights at a fixed price.
In any of the following circumstances and involving patented technology, the applicant or applicant shall submit a patent search report to the relevant administrative department; If the applicant or the applicant fails to submit the application, the relevant administrative department shall not initiate, recognize or award the project:
1 applying f government funded research development technological transformation projects; 2 To apply f municipal projects f transformation of high-tech achievements; 3. Applying for the Municipal Science and Technology Progress Award.
Article 10 The right to apply for a patent for a service invention creation belongs to the entity to which it belongs; After the application is approved, the entity shall be the patentee.
The entity to which the patent right has been granted shall, in accordance with the provisions of laws and regulations, award the inventor or creator of the service invention creation; Where a person exploits a patent on his own or authorizes others to exploit it, he shall, in accordance with the provisions of laws and regulations, pay the inventor or creator of the service invention creation remuneration; Where a patent right is assigned, the inventor or creator of a service invention creation shall be remunerated by reference to the provisions on licensing others to exploit the patent.
Awards or remuneration may be paid in cash, shares, equity gains or other forms agreed by the parties, and the amount, time and method of payment shall be agreed by the parties. Rewards or remuneration shall not be lower than the minimum standards prescribed by laws and regulations.
Article 11 Intermediaries engaged in patent agency, patent search, patent evaluation, patent licensing trade and other patent services shall have the corresponding qualifications, and can only engage in patent intermediary services after going through the registration procedures according to law. The registration authority shall send a copy of the relevant information of registration to the Municipal Intellectual Property Office. The Municipal Intellectual Property Office shall strengthen the guidance and supervision of intermediary agencies engaged in patent services.
Intermediaries and their staff engaged in patent services shall abide by the provisions of laws and regulations, independently, objectively and impartially carry out intermediary services, shall not issue false reports, shall not collude with the parties to seek illegitimate interests, and shall not damage the legitimate rights and interests of the patentee and other parties or the social and public interests.
Article 12 The organizers of exhibitions, exhibitions, promotion fairs, trade fairs and other exhibitions may examine the patent certificates or patent licensing contracts of the products or technologies on display marked with patent marks. If the applicant fails to provide the patent certificate or patent license contract, the sponsor may refuse to enter the exhibition in the name of patented products or patented technology.
The sponsor of the exhibition has the right to report to the patent administration department if he/she finds that he/she has counterfeited another person's patent or pretended to be a patent.
Article 13 The patent administration department shall strengthen the construction of the patent information network and provide the society with patent protection information services and other relevant patent information services.
Article 14 The Municipal Intellectual Property Office and relevant departments shall strengthen the training of patent administration and patent service personnel.
Chapter III Administrative Settlement and Mediation of Patent Disputes
Article 15 No entity or individual may unlawfully exploit another person's patent or provide facilities for production and operation for unlawfully exploiting another person's patent.
Article 16 Where the exploitation of the patent without the permission of the patentee causes a dispute of infringement, the patentee or an interested party may, in accordance with the provisions of laws and regulations, bring a civil action in the people's court, or request the Municipal Intellectual Property Office to handle it.
If the party concerned applies to the Municipal Intellectual Property Office for handling, the Municipal Intellectual Property Office shall accept it according to law.
Article 17 Anyone who requests the Municipal Intellectual Property Office to handle patent infringement disputes shall meet the following conditions:
1 The claimant has a direct interest in the patent infringement dispute; 2 there is a clear person against whom the claim is made, specific matters facts of the claim; 3 None of the parties has brought a lawsuit in the peoples court; 4. Acceptance matters within the jurisdiction of the Municipal Intellectual Property Office.
Article 18 Where the Municipal Intellectual Property Office is requested to handle patent infringement disputes, it shall submit a request for handling patent infringement disputes and relevant evidence.
Article 19 The Municipal Intellectual Property Office shall, within five days from the date of receiving the request for handling the patent infringement dispute and the relevant evidence, decide whether to accept it or not, and notify the claimant in writing. If the submitted materials are incomplete, the Municipal Intellectual Property Office may require the petitioner to complete them within the specified time.
Article 20 The Municipal Intellectual Property Office shall send a copy of the request to the respondent within five days after accepting the patent infringement dispute. The respondent shall, within 15 days after receiving a copy of the written request, submit his defence and relevant evidence.
The failure of the respondent to submit the statement of defense and relevant evidence shall not affect the processing procedure.
Article 21 When dealing with patent infringement disputes, the Municipal Intellectual Property Office may first mediate according to the wishes of both parties. If an agreement is reached through mediation, the Municipal Intellectual Property Office shall prepare a mediation statement. If the parties are unwilling to mediate or the mediation fails, the Municipal Intellectual Property Office shall determine that the patent infringement is established and make a decision to order the infringer to stop the infringement; If it is determined that the patent infringement act is not tenable, it shall notify the party concerned in writing. If the Municipal Intellectual Property Office determines that the patent infringement is untenable, the party concerned may also file a civil lawsuit according to law.
Article 22 The Municipal Intellectual Property Office shall verify the relevant evidence before making a decision to settle a patent infringement dispute.
The Municipal Intellectual Property Office may, at the request of the party concerned, investigate and collect evidence that the party concerned cannot collect by itself due to objective reasons. The units and individuals concerned shall truthfully provide materials.
When dealing with patent infringement disputes, the Municipal Intellectual Property Office may, according to the application of the parties concerned or the needs of the case, entrust relevant units to conduct technical appraisal.
Article 23 Where the Municipal Intellectual Property Office makes a decision to settle a patent infringement dispute, it may stop the infringement by the following means:
1 Where a person manufactures a patented product, he shall be dered to stop manufacturing, destroy dismantle the moulds special equipment used f manufacturing the patented product, may use transfer the patented product already manufactured put the product on the market in any form; 2 Where a person uses a patented process, he shall be dered to stop using it, the product obtained directly from the patented process may be used transferred put on the market in any way; 3 Where a person sells a patented product directly obtained by patented process, he shall be dered to stop selling the patented product directly obtained by patented process, the patented product which has been sold may be transferred in any form; 4 Where a person promises to sell patented products directly obtained by patented methods, he shall be dered to stop making a declaration of intention to sell, he may engage in any act of actual sale; 5 Where a patented product is imported a product obtained directly by patented process, the infringer shall be dered to use transfer the product in any way f the product entering this Municipality.
If the above method is not enough to stop the infringement, the Municipal Intellectual Property Office may order the infringer to destroy or dismantle the infringing products.
Article 24 The parties concerned may also request mediation according to law in respect of the following patent disputes:
1 disputes over the amount of compensation f infringement of patent rights; 2 disputes over the ownership of the right of patent application patent right; 3 Disputes over the qualifications of inventors designers; 4 disputes over the rewards remunerations of the invents designers of service inventions; 5 disputes over the use of an invention without paying an appropriate fee after the publication of the application f a patent f invention before the grant of the patent right.
The Municipal Intellectual Property Office shall mediate according to law, and if an agreement is reached through mediation, a mediation statement shall be prepared; If mediation fails, the parties shall be informed to bring a civil action according to law.
Chapter IV Investigation and Treatment of Illegal Patent Acts
Article 25 No entity or individual may counterfeit another's patent or pass it off as a patent, or provide convenience for production and operation for counterfeiting another's patent or passing it off as a patent.
Article 26 The Municipal Intellectual Property Office shall investigate and deal with the acts of counterfeiting others' patents, passing off patents and providing production and operation convenience for counterfeiting others' patents and passing off patents according to law. The administrative department for patent work under the people's government of the district or county where the infringement occurred shall assist in the investigation and punishment.
Article 27 The Municipal Intellectual Property Office may exercise the following functions and powers when investigating acts of counterfeiting other people's patents, passing off patents and providing production and operation convenience for counterfeiting other people's patents and passing off patents:
1 questioning the parties witnesses;
2 Consulting duplicating contracts, drawings, account books other materials related to the case; 3 On the spot inspection, video recording, registration keeping of articles related to the case.
When investigating and collecting evidence, patent administrative law enforcement personnel shall notify the parties and relevant personnel to be present, and shall keep confidential the trade secrets involving the parties. The parties and relevant personnel shall assist in the investigation and may not refuse or obstruct it.
Chapter V Legal Liability
Article 28 Where a person, in violation of the provisions of the second paragraph of Article 9 of these Regulations, establishes, recognizes or awards a project for which no patent search report has been provided, the unit to which he belongs or the competent department at a higher level shall impose administrative sanctions on the person directly responsible according to law.
Article 29 Violation of the provisions of the second paragraph of Article 11 of these Regulations shall be punished by the relevant administrative departments in accordance with the provisions of laws and regulations; In case of obtaining illegitimate interests by issuing false patent search reports, the Municipal Intellectual Property Office shall give a warning, confiscate the illegal income, and impose a fine of not less than 1000 yuan but not more than 10000 yuan.
Article 30 Whoever, in violation of the provisions of Article 25 of these Regulations, counterfeits another person's patent or passes off as a patent shall be punished by the Municipal Intellectual Property Office in accordance with the provisions of Articles 58 and 59 of the Patent Law of the People's Republic of China; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 Where anyone violates the provisions of Article 25 of these Regulations by providing production and operation facilities for counterfeiting another person's patent or posing as a patent, the Municipal Intellectual Property Office shall order him to make corrections; If he refuses to make corrections, his illegal gains shall be confiscated and he shall be fined not less than 1000 yuan but not more than 10000 yuan.
Article 32 If the party concerned disagrees with the specific administrative act of the Municipal Intellectual Property Office or other administrative departments, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the provisions of the Administrative Reconsideration Law of the People's Republic of China or the Administrative Procedure Law of the People's Republic of China.
If a party fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the time limit, the administrative department that has undertaken the specific administrative act may apply to the people's court for compulsory execution.
Article 33 Where a staff member of the patent administration department has any of the following circumstances, which does not constitute a crime, the unit to which he belongs or the competent department at a higher level shall give him an administrative sanction according to law, and his illegal income, if any, shall be confiscated:
1 shielding indulging any entity individual that counterfeits another person s patent passes off as a patent; 2 Informing an entity individual that counterfeits another person's patent helps it escape investigation; 3 taking sides with one party infringes the lawful rights interests of the other party in the process of patent dispute mediation; 4 divulging the business secrets of a party; 5 Other cases of abuse of power, dereliction of duty, malpractice f personal gain.
Chapter VI Supplementary Provisions
Article 34 These Regulations shall come into force as of July 1, 20xx.
Acceptance stage of patent application process
After receiving the patent application, the Patent Office will examine it. If it meets the acceptance conditions, the Patent Office will determine the application date, give the application number, and after verifying the list of documents, issue the acceptance notice to notify the applicant. If the application documents are not typed, printed, illegible or altered; Or the drawings and pictures are not drawn with drawing tools and black ink, or the pictures are blurred or altered; Or the application documents are incomplete; Or the request is missing the name or address of the applicant; Or patent applications whose categories are not clear or can not be determined, and patent applications sent directly by foreign entities and individuals without foreign patent agencies will not be accepted.
Preliminary review stage
Where an accepted patent application pays an application fee in accordance with the provisions, it shall automatically enter the preliminary examination stage. Before the preliminary examination, the patent application for invention shall first be subject to confidentiality examination, and if confidentiality is required, it shall be handled according to the confidentiality procedure.
At the time of preliminary examination, it is necessary to examine whether the application has obvious defects, mainly including whether the examination content falls within the scope of non patent right granted in the Patent Law, whether the obvious lack of technical content cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, qualification examination and application formalities examination shall also be carried out. If the application is unqualified, the Patent Office will notify the applicant to make corrections or state opinions within the specified time limit. If the applicant fails to reply within the specified time limit, the application will be deemed to have been withdrawn. If the defect is still not eliminated after reply, it shall be rejected. Where an application for a patent for invention passes the preliminary examination, a notification of passing the preliminary examination will be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, is not a new technical solution or a new design, and no reason for rejection is found after preliminary examination. It will enter the authorization order directly.
Publication stage
An application for a patent for invention enters the publication stage from the date when the notification of passing the preliminary examination is issued. If the applicant does not make a request for early publication, it will not enter the preparation procedure for publication until the expiration of 15 months from the application date. If the applicant requests early disclosure, the application shall immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, the abstract of the specification will be published in the patent bulletin and a separate edition of the specification will be published about three months later. After the application was published, the applicant obtained the right of temporary protection.
Substantive review stage
After the publication of an application for a patent for invention, if the applicant has filed a request for substantive examination and has taken effect, the applicant shall enter into the practical examination procedure. If an application for a patent for invention has not filed a request for actual examination within three years from the date of filing, or the request for actual examination has not taken effect, the application shall be deemed to have been withdrawn.
During the actual examination, a comprehensive examination will be conducted on whether the patent application has novelty, inventiveness, practicality and other substantive conditions specified in the Patent Law. If, upon examination, it is found that the application does not meet the conditions for authorization or that there are various defects, the applicant will be notified to state his or her views or make amendments within the specified time. If the applicant fails to respond within the specified time limit, the application will be deemed withdrawn. If the application still does not meet the requirements after repeated replies, it will be rejected. The actual examination cycle is long. If the application has not been authorized within two years from the application date, the application maintenance fee shall be paid every year from the third year. If the application is not paid within the time limit, the application will be deemed to be withdrawn.
If no reasons for rejection are found in the substantive examination, the authorization procedure will be entered as required.
Part 9: Model Document of Patent Application for Invention
1、 Delete the second article.
2、 Article 7 is changed into Article 6, and one paragraph is added as the third paragraph: "Where a party requests restoration of rights in accordance with the provisions of paragraph 1 or paragraph 2 of this article, it shall submit a request for restoration of rights, state the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing rights; If a request for restoration of rights is made in accordance with the provisions of the second paragraph of this Article, the fee for the request for restoration of rights shall also be paid. "
3、 Article 8 is changed into Article 7 and revised to read: "Where a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and examined by the national defense patent agency; where a patent application accepted by the patent administration department under the State Council involves national defense interests and needs to be kept confidential, it shall be timely transferred to the national defense patent agency for examination. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
"Where the patent administration department under the State Council considers that an application for a patent for invention or utility model accepted by it involves national security or important interests other than national defense interests and needs to be kept confidential, it shall timely make a decision to treat it as a confidential patent application and notify the applicant. The special procedures for examination and reexamination of confidential patent applications and for invalidation of confidential patent rights shall be prescribed by the patent administration department under the State Council. "
4、 One article is added as Article 8: "The term" invention or utility model made in China "mentioned in Article 20 of the Patent Law means an invention or utility model in which the substantive content of the technical solution is made in China.
"Any entity or individual that applies to a foreign country for a patent for an invention or utility model completed in China shall request the patent administration department under the State Council to conduct a confidential examination in one of the following ways:
"(1) Where an application for a patent is filed directly in a foreign country or an international application for a patent is filed with a relevant foreign institution, a request shall be made in advance to the patent administration department under the State Council and the technical solution shall be specified;
"(2) Where, after applying for a patent to the patent administration department under the State Council, it intends to apply for a patent in a foreign country or submit an international patent application to the relevant foreign institution, it shall make a request to the patent administration department under the State Council before applying for a patent in a foreign country or submitting an international patent application to the relevant foreign institution.
"Where an international application for a patent is submitted to the patent administration department under the State Council, it shall be deemed that a request for confidentiality examination has been made at the same time."
5、 One article is added as Article 9: "Where, after receiving the request submitted in accordance with Article 8 of these Rules, the patent administration department under the State Council, after examination, considers that the invention or utility model may involve national security or major interests and need to be kept confidential, it shall promptly send a notice of confidentiality examination to the applicant;"; Where the applicant has not received the notification of confidentiality examination within 4 months from the date of submission of his/her request, he/she may apply for a patent for the invention or utility model in a foreign country or submit an international patent application to the relevant foreign institution.
"Where the administrative department for patent under the State Council notifies the examination of confidentiality in accordance with the provisions of the preceding paragraph, it shall timely make a decision on whether confidentiality is necessary and notify the applicant. If the applicant has not received the decision on confidentiality within six months from the date of submission of his request, he may apply for a patent in a foreign country for the invention or utility model or submit an international application for a patent to the relevant foreign institution."
6、 Article 11 is changed into Article 12, and Item (3) of the first paragraph is revised to read: "Inventions and creations made within one year after retirement, transfer from the original unit, or termination of labor or personnel relations, which are related to their own work in the original unit or tasks assigned by the original unit."
7、 Article 13 is changed to be Article 41 and is revised to read: "Where two or more applicants apply for a patent for the same invention creation on the same date (the application date; where there is a right of priority, the priority date), they shall, after receiving the notification from the patent administration department under the State Council, determine the applicants through consultation.
"If the same applicant applies for both a patent for utility model and a patent for invention for the same invention creation on the same day (the date of application), it shall state that another patent has been applied for the same invention creation at the time of application; if no explanation is given, it shall be dealt with in accordance with the provision of Paragraph 1 of Article 9 of the Patent Law that only one patent right can be granted for the same invention creation.
"When the patent administration department under the State Council announces the grant of the patent right for utility model, it shall announce that the applicant has simultaneously applied for a patent for invention in accordance with the provisions of the second paragraph of this Article.
"The patent administration department under the State Council shall notify the applicant to renounce the patent right for utility model within the specified time limit if no reason for rejection of the application for a patent for invention has been found after examination. Where the applicant has renounced the patent right for utility model, the patent administration department under the State Council shall make a decision to grant the patent right for invention, and announce the statement of the applicant to renounce the patent right for utility model together with the announcement of the grant of the patent right for invention. Where the applicant does not agree to abandon the application, the patent administration department under the State Council shall reject the application for a patent for invention; Where the applicant fails to respond within the time limit, the application for a patent for invention shall be deemed to have been withdrawn.
"The patent right for utility model shall terminate as of the date when the patent right for invention is announced."
8、 Article 14 is deleted.
9、 Article 15 is changed into Article 14, and one paragraph is added as the third paragraph: "Where a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department under the State Council."
10、 Article 17 is replaced by Article 16 and is revised to read: "The request for an application for a patent for invention, utility model or design shall state the following:
"(1) The name of the invention, utility model or design;
"(2) If the applicant is a Chinese unit or individual, its name, address, postal code, organization code or resident identity card number; if the applicant is a foreigner, foreign enterprise or other foreign organization, its name, nationality or country or region of registration;
"(3) The name of the inventor or designer;
"(4) Where the applicant entrusts a patent agency, the name and code of the entrusted agency, as well as the name, license number and contact number of the patentee designated by the agency;
"(5) where the right of priority is claimed, the date of filing, the application number and the name of the institution that originally accepted the patent application (hereinafter referred to as the earlier application) when the applicant first filed the patent application;
"(6) the signature or seal of the applicant or the patent office;
"(7) List of application documents;
"(8) List of additional documents;
"(9) other relevant matters that need to be specified."
11、 Article 18 is changed to Article 17, and one paragraph is added as the fifth paragraph: "The specification of the application for a patent for utility model shall contain drawings showing the shape, structure or combination thereof of the product for which protection is claimed."
12、 One article is added as Article 26: "Genetic resources as mentioned in the Patent Law refer to materials with actual or potential value taken from human body, animal, plant or microorganism and containing units of genetic function; inventions and creations made by relying on genetic resources as mentioned in the Patent Law refer to inventions and creations made by using the genetic function of genetic resources.
"Where an applicant applies for a patent for an invention creation that relies on genetic resources, the applicant shall make an explanation in the request and fill in the form formulated by the patent administration department under the State Council."
13、 Delete the first paragraph of Article 27.
14、 Article 28 is revised to read: "The brief description of the design shall state the name and purpose of the product of the design, the main points of the design, and designate a picture or photograph that best illustrates the main points of the design. Where views are omitted or color protection is requested, it shall be stated in the brief description.
"Where an application for a patent for design is filed for several similar designs of the same product, one of them shall be designated as the basic design in the brief description.
"The brief description shall not use commercial advertising terms, nor shall it be used to describe the performance of the product."
15、 Article 30 is deleted.
16、 Article 31 is changed into Article 30, and one paragraph is added as the first paragraph: "The international exhibitions recognized by the Chinese government mentioned in Item (1) of Article 24 of the Patent Law refer to the international exhibitions registered in or recognized by the International Exhibition Bureau as stipulated in the International Exhibition Convention."
17、 Article 32 is replaced by Article 31, which is revised to read: "Where an applicant claims the right of foreign priority in accordance with Article 30 of the Patent Law, the copies of the earlier application documents submitted by the applicant shall be certified by the original acceptance authority. In accordance with the agreement signed between the administrative department for patent under the State Council and the accepting institution, if the administrative department for patent under the State Council obtains a copy of the earlier application document through electronic exchange or other means, the applicant shall be deemed to have submitted a copy of the earlier application document certified by the accepting institution. Where the applicant claims the right of domestic priority and indicates the application date and application number of the earlier application in the request, it shall be deemed to have submitted a copy of the earlier application document.
"Where the right of priority is claimed, but one or two of the application date, application number and the name of the institution that originally accepted the earlier application are omitted or wrongly written in the request, the patent administration department under the State Council shall notify the applicant to make corrections within the specified time limit; if no corrections are made at the expiration of the time limit, the right of priority shall be deemed not to have been claimed.".
"If the name or title of the applicant claiming the right of priority is inconsistent with the name or title of the applicant recorded in the copies of the earlier application documents, the applicant shall submit evidentiary materials for the transfer of the right of priority. If the evidentiary materials are not submitted, the right of priority shall be deemed not to have been claimed.
"Where an applicant for a patent application for design claims the right of foreign priority, his earlier application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with Article 28 of these Rules does not go beyond the scope indicated by the pictures or photographs in the earlier application documents, the right of priority shall not be affected."
18、 Article 36 is changed to Article 35 and is revised to read: "Where multiple similar designs of the same product are filed as one application in accordance with the provisions of paragraph 2 of Article 31 of the Patent Law, the other designs of the product shall be similar to the basic designs specified in the brief description. There shall be no more than 10 similar designs in an application for a patent for design.
"For the purposes of paragraph 2 of Article 31 of the Patent Law, the expression" two or more designs of products of the same class and sold or used in sets "means that all products belong to the same category in the classification table, are customarily sold or used at the same time, and the designs of all products have the same design concept.
"Where two or more designs are filed as one application, the serial number of each design shall be marked before the name of each picture or photograph of each design product."
19、 The first paragraph of Article 44 is revised to read: "The term" preliminary examination "mentioned in Articles 34 and 40 of the Patent Law means examining whether an application for a patent contains the documents provided for in Article 26 or Article 27 of the Patent Law and other necessary documents, whether these documents conform to the prescribed format, and examining the following:
"(I) Whether the application for a patent for invention obviously falls under Article 5 and Article 25 of the Patent Law, whether it is not in conformity with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 of the Patent Law or Article 16, Paragraph 2 of Article 26 of these Rules, whether it is obviously not in conformity with Paragraph 2 of Article 2, Paragraph 5 of Article 26, Paragraph 1 of Article 31 of the Patent Law Article 33 or the provisions of Articles 17 to 21 of these Rules;
"(II) Whether the application for a patent for utility model obviously falls under Article 5 and Article 25 of the Patent Law, whether it is not in conformity with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 of the Patent Law or the provisions of Articles 16 to 19, and Articles 21 to 23 of these Rules, whether it is obviously not in conformity with Paragraph 3 of Article 2, Paragraph 2 of Article 22 of the Patent Law Whether the provisions of paragraph 4, paragraph 3 and paragraph 4 of Article 26, paragraph 1 of Article 31, and Article 33, or those of Article 20 and paragraph 1 of Article 43 of these Rules, cannot obtain a patent right in accordance with Article 9 of the Patent Law;
"(3) Whether the application for a patent for design obviously falls under Article 5, paragraph 1 (6) of Article 25 of the Patent Law Whether the circumstances specified in subparagraph (1) are not in conformity with the provisions of Article 18, paragraph 1 of Article 19 of the Patent Law, or Article 16, 27, or 28 of these Rules, or whether they are obviously not in conformity with the provisions of paragraph 4 of Article 2, paragraph 1 of Article 23, paragraph 2 of Article 27, paragraph 2 of Article 31, or paragraph 1 of Article 43 of the Patent Law, Whether the patent right cannot be obtained in accordance with Article 9 of the Patent Law;
"(4) Whether the application documents comply with the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules."
20、 One article is added as Article 55: "If the confidential patent application is examined and no reason for rejection is found, the patent administration department under the State Council shall make a decision to grant the confidential patent right, issue the confidential patent certificate, and register matters related to the confidential patent right."
21、 Article 55 is replaced by Article 56, which is revised to read: "After the decision to grant a patent right for utility model or design is announced, the patentee or interested party as provided for in Article 60 of the Patent Law may request the patent administration department under the State Council to make an evaluation report on the patent right.
"Where a request for a patent evaluation report is made, a request for a patent evaluation report shall be submitted, indicating the patent number. Each request shall be limited to one patent right.
"Where the request for patent evaluation report is not in conformity with the provisions, the patent administration department under the State Council shall notify the petitioner to make corrections within the specified time limit; where the petitioner fails to make corrections within the specified time limit, the request shall be deemed not to have been made."
22、 Article 56 is changed into Article 57 and is revised to read: "The patent administration department under the State Council shall, within two months after receiving the request for patent evaluation report, make a patent evaluation report. For the same patent right for utility model or design, if more than one claimant requests to make an evaluation report on the patent right, the patent administration department under the State Council shall only make one evaluation report on the patent right. Any entity or individual may consult or copy the patent evaluation report. "
23、 Article 59 is changed to Article 60, and one paragraph is added as the second paragraph: "Where the request for reexamination is not in conformity with the provisions of Paragraph 1 of Article 19 or Paragraph 1 of Article 41 of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the person making the request for reexamination in writing and explain the reasons."
24、 Article 71 is changed to Article 72, and the second paragraph is revised to read: "Where the person making the request for invalidation withdraws his request or his request for invalidation is deemed to have been withdrawn before the Patent Reexamination Board makes a decision, the procedure for examination of the request for invalidation is terminated. However, the Patent Reexamination Board shall not terminate the examination procedure if it considers that the decision to declare the patent right invalid or partially invalid can be made on the basis of the examination work already conducted. "
25、 One article is added as Article 73: "The term" insufficient exploitation of its patent "mentioned in Item (1) of Article 48 of the Patent Law means that the mode or scale of exploitation of its patent by the patentee and its licensee cannot meet the domestic demand for patented products or patented processes.
"Patented drugs mentioned in Article 50 of the Patent Law refer to any patented product in the field of medicine or a product obtained directly according to a patented process that is necessary to solve public health problems, including the active ingredients required for the manufacture of the product and the diagnostic supplies required for the use of the product for which the patent is obtained."
26、 Article 72 is changed into Article 74 and is revised to read: "Where a compulsory license is requested, a written request for compulsory license shall be submitted to the patent administration department under the State Council, stating the reasons and attaching relevant supporting documents.
"The administrative department for patent under the State Council shall send a copy of the request for compulsory license to the patentee, who shall state his opinions within the time limit designated by the administrative department for patent under the State Council; failure to reply at the expiration of the time limit shall not affect the decision of the administrative department for patent under the State Council.
"The patent administration department under the State Council shall, before making a decision to reject the request for compulsory license or to grant a compulsory license, notify the claimant and the patentee of the proposed decision and the reasons therefor.
"The decision of the patent administration department under the State Council to grant a compulsory license in accordance with the provisions of Article 50 of the Patent Law shall at the same time comply with the provisions of the relevant international treaties concluded or acceded to by China on the granting of a compulsory license for the purpose of solving public health problems, except that China has made reservations."
27、 One article is added as Article 76: "The entity to which the patent right has been granted may agree with the inventor or designer or stipulate in its rules and regulations formulated according to law the method and amount of the reward and remuneration as prescribed in Article 16 of the Patent Law.
"The rewards and remunerations given by enterprises and institutions to inventors or designers shall be handled in accordance with the provisions of the relevant financial and accounting systems of the State."
28、 Article 74 is changed to Article 77, which is revised to read: "Where the entity to which the patent right has been granted neither agreed with the inventor or the designer nor stipulated in its rules and regulations formulated according to law the manner and amount of the award provided for in Article 16 of the Patent Law, it shall pay the inventor or the designer a bonus within three months from the date of the announcement of the patent right. The minimum bonus for an invention patent shall not be less than 3000 yuan; The minimum bonus for a patent for utility model or design shall not be less than 1000 yuan.
"Where an invention creation is made because the inventor's or designer's proposal is adopted by the entity to which he belongs, the entity to which the patent right has been granted shall award a prize on a preferential basis."
29、 Combine Article 75 and Article 76 as Article 78, Revised as: "Where the entity to which the patent right has been granted neither agreed with the inventor or designer nor stipulated in its rules and regulations formulated according to law the method and amount of remuneration as prescribed in Article 16 of the Patent Law, it shall, within the term of validity of the patent right, after exploiting the patent for invention creation, draw not less than 2% of the annual operating profit from exploiting the patent for invention or utility model or from exploiting the design No less than 0.2% of the operating profit for patent calculation shall be allocated to the inventor or designer as remuneration, or a one-time remuneration shall be given to the inventor or designer with reference to the above proportion; Where the entity to which the patent right has been granted authorizes any other entity or individual to exploit its patent, it shall draw not less than 10% of the royalties collected as remuneration to the inventor or designer. "
30、 Article 77 is deleted.
31、 One paragraph is added to Article 83 as the second paragraph: "Where the patent logo does not conform to the provisions of the preceding paragraph, the administrative department for patent affairs shall order it to make corrections."
32、 Combine Article 84 and Article 85 as Article 84 and amend them to read: "The following acts belong to the act of passing off patents as prescribed in Article 63 of the Patent Law:
"(1) to mark the patent mark on the product or its package for which no patent right has been granted, to continue to mark the patent mark on the product or its package after the patent right has been declared invalid or terminated, or to mark the patent number of another person on the product or its package without permission;
"(2) Selling the products mentioned in Item (1);
"(3) Calling the technology or design that has not been granted a patent right as patented technology or patented design in the product description or other materials, calling the patent application as patent, or using the patent number of another person without permission, causing the public to mistake the technology or design involved as patented technology or patented design;
"(4) forging or altering patent certificates, patent documents or patent application documents;
"(5) other acts that confuse the public by mistaking the technology or design for which no patent right has been granted as patented technology or design.
"It is not an act of counterfeiting a patent to mark a patent mark on a patented product, a product directly obtained by a patented process or its packaging according to law before the termination of the patent right, and to promise to sell or sell the product after the termination of the patent right.
"Where a person sells a product that he does not know is a fake patent and can prove the legal source of the product, the patent administration department shall order him to stop selling, but shall be exempted from the penalty of fine."
33、 Article 87 is revised to read: "Where the people's court decides to take preservative measures against the right of patent application or patent right in the trial of civil cases, the patent administration department under the State Council shall suspend the relevant procedures of the preserved right of patent application or patent right on the date of receiving the written decision indicating the application number or patent number and the notice for assistance in enforcement. If the people's court does not rule to continue to take preservation measures at the expiration of the preservation period, the patent administration department under the State Council shall resume the relevant procedures on its own. "
34、 One article is added as Article 88: "The suspension of relevant procedures by the patent administration department under the State Council in accordance with the provisions of Articles 86 and 87 of these Rules means the suspension of the preliminary examination, substantive examination and reexamination procedures of patent applications, the procedures for granting patent rights and the procedures for invalidating patent rights;"; Suspend the procedures for abandoning, changing or transferring the patent right or patent application right, the procedures for pledging the patent right, and the termination procedures before the expiration of the patent right. "
35、 The first paragraph of Article 89 is changed to be Article 90, and is revised to read: "The patent administration department under the State Council regularly publishes the Patent Gazette, publishing or announcing the following:
"(1) the bibliographic particulars and the abstract of the specification of an application for a patent for invention;
"(2) the request for substantive examination of an application for a patent for invention and the decision of the patent administration department under the State Council to conduct its own substantive examination of an application for a patent for invention;
"(3) rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication;
"(4) the grant of patent rights and the bibliographic description of patent rights;
"(5) an abstract of the description of a patent for invention or utility model, a picture or photograph of a patent for design;
"(6) declassification of national defense patents and confidential patents;
"(7) invalidation of the patent right;
"(8) Termination and restoration of patent rights;
"(9) Transfer of patent right;
"(10) Filing of patent licensing contracts;
"(11) pledge, preservation and cancellation of patent rights;
"(12) The grant of a compulsory license for exploitation of a patent;
"(13) changes in the name or address of the patentee;
"(14) Announcement service of documents;
"(15) Any correction made by the patent administration department under the State Council;
"(16) Other relevant matters."
36、 The second paragraph of Article 89 is changed to be Article 91, which is revised to read: "The patent administration department under the State Council shall provide patent gazette, separate edition of patent application for invention, and separate edition of patent for invention, patent for utility model, and patent for design for free consultation by the public."
37、 One article is added as Article 92: "The patent administration department under the State Council is responsible for exchanging patent documents with patent offices or regional patent organizations of other countries and regions in accordance with the principle of reciprocity."
38、 Article 90 is changed into Article 93 and is revised to read: "When applying for a patent and going through other formalities with the patent administration department under the State Council, the following fees shall be paid:
"(1) application fee, application surcharge, publishing and printing fee, priority claim fee;
"(2) fee for substantive examination and reexamination of an application for a patent for invention;
"(3) Patent registration fee, announcement and printing fee, and annual fee;
"(4) The fee for requesting the restoration of rights and the fee for requesting the extension of time limit;
"(5) fees for changes in bibliographic data, fees for requesting patent evaluation reports, and fees for requesting invalidation.
"The standards for payment of the fees listed in the preceding paragraph shall be stipulated by the price administration department and the financial department under the State Council in conjunction with the patent administration department under the State Council."
39、 Article 92 is changed to Article 95, and the first paragraph is revised to read: "The applicant shall pay the application fee, publishing printing fee and necessary application surcharges within 2 months from the date of application or within 15 days from the date of receipt of the notification of acceptance; if the application is not paid or fully paid within the time limit, its application shall be deemed to be withdrawn."
40、 Article 94 is deleted.
41、 Article 97 is changed into Article 99, which is revised as: "The fee for recovery of claims shall be paid within the relevant time limit specified in these Rules; if it is not paid or fully paid at the expiration of the time limit, it shall be deemed that no claim has been made.
"The request fee for extension of the time limit shall be paid before the expiration of the corresponding time limit; if it is not paid or fully paid at the expiration of the time limit, it shall be deemed that no request has been made.
"The fee for changes in bibliographic data, the fee for requesting a patent evaluation report, and the fee for requesting invalidation shall be paid within one month from the date of filing the request; if the fee is not paid or fully paid within the time limit, the request shall be deemed not to have been made."
42、 Article 98 is changed to Article 100 and is revised to read: "Where the applicant or patentee has difficulty in paying the fees prescribed in these Rules, he or she may, in accordance with the provisions, make a request to the patent administration department under the State Council for reduction or postponement of payment. The measures for reduction or postponement of payment shall be formulated by the financial department under the State Council in conjunction with the price administration department under the State Council and the patent administration department under the State Council."
43、 Part of the contents of Article 101, Article 103 and the first paragraph of Article 105 are merged as Article 103 and revised to read: "The applicant for an international application shall, within 30 months from the priority date referred to in Article 2 of the Patent Cooperation Treaty (hereinafter referred to as the priority date in this Chapter), go through the formalities for entering the National Phase in China with the patent administration department under the State Council; If the applicant fails to go through the formalities within the time limit, he may, after paying the grace fee, go through the formalities for entering the National Phase of China within 32 months from the priority date. "
44、 Part of the contents of Article 101, Article 103 and the first paragraph of Article 105 are merged to form Article 104, which is revised to read: "Where an applicant goes through the formalities for entering the National Phase in China in accordance with Article 103 of these Rules, it shall meet the following requirements:
"(1) to submit in Chinese a written declaration on the entry of the National Phase in China, indicating the international application number and the type of patent right claimed;
"(2) To pay the application fee, publishing and printing fee as prescribed in Paragraph 1 of Article 93 of these Rules, and, when necessary, the grace fee as prescribed in Article 103 of these Rules;
"(3) if the international application is filed in a foreign language, the Chinese translation of the description and claims of the original international application;
"(4) The name of the invention creation, the name or title and address of the applicant and the name of the inventor shall be stated in the written declaration for the entry of the National Phase in China, which shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not stated in the international application, the name of the inventor shall be stated in the said declaration;
"(5) If the international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted; if there are drawings and drawings attached to the abstract, the copies of the drawings and drawings attached to the abstract shall be submitted; if there are words in the drawings, they shall be replaced with the corresponding Chinese characters; if the international application is filed in Chinese, the copies of the abstract and drawings attached to the abstract in the international publication documents shall be submitted;
"(6) If the applicant has gone through the formalities for the change of the applicant with the International Bureau in the International Phase, the supporting materials proving that the applicant after the change enjoys the right of application shall be provided;
"(7) When necessary, pay the additional fee for application as prescribed in paragraph 1 of Article 93 of these Rules.
"Where the requirements of subparagraphs (1) to (3) of paragraph 1 of this Article are met, the patent administration department under the State Council shall give an application number, specify the date on which the international application enters the National Phase in China (hereinafter referred to as the entry date), and notify the applicant that the international application has entered the National Phase in China.
"Where an international application has entered the National Phase of China but does not meet the requirements of subparagraphs (4) to (7) of paragraph 1 of this Article, the patent administration department under the State Council shall notify the applicant to make corrections within a specified time limit; if no corrections are made within the specified time limit, the application shall be deemed to have been withdrawn."
45、 The second paragraph of Article 100 is merged with Article 102 to form Article 105, which is revised to read: "An international application shall cease to be valid in China under any of the following circumstances:
"(1) In the international phase, the international application is withdrawn or deemed to be withdrawn, or the designation of China in the international application is withdrawn;
"(2) The applicant fails to go through the formalities for entering the National Phase in China in accordance with Article 103 of these Rules within 32 months from the priority date;
"(3) The applicant has gone through the formalities for entering the National Phase in China, but still does not meet the requirements of Items (1) to (3) of Article 104 of these Rules at the expiration of the time limit of 32 months from the priority date.
"The provisions of Article 6 of these Rules shall not apply to the termination of the validity of an international application in China in accordance with the provisions of subparagraph (1) of the preceding paragraph; the provisions of paragraph 2 of Article 6 of these Rules shall not apply to the termination of the validity of an international application in China in accordance with the provisions of subparagraph (2) and (3) of the preceding paragraph."
46、 Article 104 is changed into Article 106, which is revised as: "If the international application has been modified in the International Phase and the applicant requests examination based on the modified application documents, the Chinese translation of the modified part shall be submitted within two months from the entry date. If the Chinese translation is not submitted within this period, the patent administration department under the State Council shall not consider the amendment proposed by the applicant in the international phase. "
47、 Article 105 is changed into Article 107, and it is revised as: "The invention creation involved in the international application has Item (1) or Item (2) of Article 24 of the Patent Law In one of the circumstances listed in subparagraph (1), if the applicant has made a declaration when filing the international application, the applicant shall make an explanation in the written declaration for the entry of the National Phase in China, and submit the relevant supporting documents as prescribed in paragraph 3 of Article 30 of these Rules within two months from the entry date; Where no explanation is given or no supporting documents are submitted at the expiry of the time limit, the provisions of Article 24 of the Patent Law shall not apply to the application. "
48、 One article is added as Article 109: "Where the invention creation involved in the international application is completed by relying on genetic resources, the applicant shall make a statement in the written declaration of the international application entering the Chinese national phase, and fill in the form formulated by the patent administration department under the State Council."
49、 Article 107 is changed to Article 110, and the second paragraph is revised to read: "The applicant shall pay the fee for claiming the right of priority within two months from the date of entry; if the fee is not paid or not paid in full within the time limit, the right of priority shall be deemed not to have been claimed."
Delete paragraph 4.
50、 Article 109 is changed to Article 112, and the first paragraph is revised to read: "For an international application claiming a patent right for utility model, the applicant may, within two months from the entry date, take the initiative to amend the patent application documents."
51. Delete Articles 113 and 114.
In addition, according to the Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China, which was deliberated and passed on December 27, 2008, the provisions of the Patent Law of the People's Republic of China quoted by the Rules for the Implementation of the Patent Law of the People's Republic of China were modified accordingly, and the order and wording of some articles were adjusted accordingly.
This Decision shall come into force as of February 1, 2010.
The Rules for the Implementation of the Patent Law of the People's Republic of China shall be revised accordingly in accordance with this Decision and re published.
(Xinhua News Agency, Beijing, Economic Daily, January 19)
