Article 87, the People's Court in the trial of civil cases ruled on the franchise to take protective measures, the State Council's patent administration departments in assisting in the implementation of the suspension when the franchise was the preservation of the procedure. Preservation period expires, the People's Court did not decide to continue to take protective measures, the State Council's patent administration departments to resume the procedure.
Chapter VIII patent registration and patent communique
Article 88 of the State Council, the patent administration departments will set up Zhuanlidejibao registered with the following patent applications and patent-related matters :
(A) the granting of patents;
(2) the right of patent application, the transfer of the franchise;
(3) patent pledge, the preservation of its dissolution;
(4) patent licensing contracts in the record;
(5) patents declared invalid;
(6) the termination of the franchise;
(7) the restoration of the franchise;
(8) the implementation of compulsory patent license;
(9) the patentee name or the name, nationality and address changes.
The 89th of the State Council, the patent administration departments regularly publishes patent communique released or notice the following :
(1) patent applications documented description;
(2) invention or utility model specification Abstract Designs pictures or photos and a brief description;
(3) patent applications requesting review of the substance of the State Council and the patent administration departments of the invention patent applications on its own substantive review of the decision;
(4) Confidentiality patent decryption;
(5) applications for invention patents after the announcement dismissed as withdrawn and withdrawn;
(6) the award of the franchise;
(7) patents declared invalid;
(8) termination of the franchise;
(9) the right of patent application, the transfer of the franchise;
(10) patent licensing contracts in the record;
(11) the franchise pledge, the preservation of its dissolution;
(12) the patent grant compulsory licenses;
(13) patent application or patent restoration;
(14) the franchise names or names and addresses of the change;
(15), address unknown to the clients of the notice;
(16) Chinese patent administration departments of corrections;
(17) other related matters.
The invention or utility model, the description and the attached map, right on the patent administration by the State Council separately by the publishing sector.
Chapter IX costs
90th to the State Council of the patent administration departments to apply for patents and for other procedures, should pay the costs of :
(1) The application fee to apply for a surcharge, announced printing costs;
(2) applications for invention patents substantive review fees, review fees;
(3) patent registration fees, printing costs notice, application maintenance costs, the annual fee;
(4) changes in matters Recording fees, priority claims fees, the restoration of rights fee request, the request to extend the period of payment and new patent search report fee;
(5) request declared invalid charges, a stay of proceedings request fees, compulsory licensing fee request, the use of compulsory licensing fee ruling request fee.
The above listed standards for the payment of fees by the State Council price management department, in conjunction with the patent administration department.
Article 91 of the Patent Law and the rules of all costs, directly to the State Council to pay the patent administration departments, or through the post office or bank remittance, or to the State Council, the patent administration departments of other ways to pay.
Through the post office or bank remittance and should be sent to the State Council in the patent administration departments of the Department of Shan state on the right of patent applications, and to pay the costs of the name. Inconsistent with the provisions of this paragraph, it shall be considered without going through unsettled.
The State Council directly to the patent administration departments to pay the cost, to pay for the day to pay day. Meeting to pay the post office to pay the costs of post offices to remit the postmark date of payment date. Banks pay to the Department to pay the costs to the banks for the actual date remitted payment; However, since remitted to the State Council, the patent administration departments received more than 15 days days, in addition to post offices or banks to issue certification, the State Department patent administration departments received payment date for Japan.
Pay and re-pay the wrong pay royalties, the parties concerned can pay from the date of a year, the State Council to the patent administration departments refund request.
Applicants should be 92 admissibility of the receipt of notification, the latest from the date of application two months to pay application fees, printing costs and announced the surcharge necessary; The expiration of unpaid or not paid, their applications considered withdrawn.
The applicant claims the priority should be to pay an application fee in the payment of priority claims costs; The expiration of unpaid or not paid, as not claim priority.
Article 93 of the parties request a substantive review, or restoration of rights review, it should be in patent law and the rules of the period in the payment of a fee; The expiration of unpaid or not paid, not as a request.
The 94th of the invention patent applicants from the date of application for two years yet to be granted the patent right, starting from the third year should pay for maintenance costs.
Article 95 of the applicants for registration, should pay patent registration fees, printing costs and notice the franchise was awarded the annual fee. The invention patent applicants should also pay for all the annual maintenance costs, the franchise was not included. The expiration of the unpaid fees as not to register. After the annual fee should be the first one year before the expiry of one month advances.
The 96th of the patentee has not paid when the franchise was granted after an annual fee, or the amount paid under the State Council, the patent administration departments should notify the patentee from the annual fee should be paid expiration date six months back, while paying overdue; Noted in the amount of each payment over the one time, full-year levy annual fees of 5%; the expiration of unpaid, since the franchise fee should be paid, the date of expiration of the termination.
97 record for the change fees, utility model patents, the report retrieval fee, a stay of proceedings request fees, compulsory licensing fee request, the use of compulsory licensing fee ruling request fees declared invalid request fees should request from the date of a month, paid in accordance with the regulations; The request to extend the deadline fee When in the corresponding period prior to the expiration date to pay; the expiration of unpaid or not paid, not as a request.
The 98th applicant or patent rules are subject to the provisions of the cost difficult, according to the provisions of the patent administration department of the State Council proposed a reduction in pay or holdover request. Cut pay or holdover from the State Department approach of the patent administration departments to the State Council, the financial sector, the State Council, price management department.
The 10th chapter on the international application of the special provisions
99 Chinese patent administration departments under the provisions of Article 20 of the Patent Law, in accordance with the admissibility of the Patent Cooperation Treaty of international patent applications.
In accordance with the patent cooperation treaty and designated China's international patent applications (hereinafter referred to the international application) to enter China's national conditions and stage of the procedure will be applicable to the provisions of this chapter; The provisions of this chapter do not apply patent law and the details of the other chapters of the relevant provisions.
In accordance with Article 100 of the Patent Cooperation Treaty international application have been identified and designated day China international application to the State Council as the patent administration departments of patent applications, the application of the international patent law as the alleged 28th of the application.
In the international stage, the international application or international applications for the designation withdrawn or deemed withdrawn, the international application in the effectiveness of the termination.
101 international application of the applicant should be in the Patent Cooperation Treaty referred to as the second priority of the (chapter called "priority date"), within 30 months, to the State Council for the patent administration departments into the international application phase of the Chinese State the following procedures :
(1) to submit its application to enter the Chinese national phase in a written statement. Written statements should be international applications, written in Chinese and requested the franchise type, the name of invention, the applicant name or names and addresses of the applicant and the name of the inventor, the above information should be with the International Bureau records;
(2) Payment of the first rules of the 90th, the application fee, a surcharge for printing and publishing;
(3) international applications to the Chinese outside of the letter should be submitted to the original specification of the application, the right to book the behavior of the letter and asked the Chinese Abstract; International applications to the Chinese, should be submitted to the International published a summary document copies;
(4) international application has attached map, a copy should be submitted to the attached map. International applications to the Chinese, should be submitted to the International published a summary paper copy of the attached map.
The applicant shall be provided within a period of immigration procedures for Chinese national phase of the grace period to pay the cost, since the priority date of 32 months before the expiry of the corresponding processing.
Article 102 of the applicants in this rule 101, paragraph 2, the time period for China's national phase entry procedures, or the expiration of this period is one of the following situations, the international application of the termination of the effectiveness of China :
(1) to enter the national phase of the Chinese statement did not state its international applications;
(2) Failure to pay the rules of the 90th, the first application fees, printing costs and announced details of the provisions of Article 1, paragraph 2 of the additional charges;
(3) international applications to the Chinese language outside made without submission of the original application to the brochures and the right to request the Chinese asked.
International applications in China effect has been terminated, the rules are not applicable to the seventh paragraph 2 of article.
103 applicants entered the Chinese stage clearance at any of the following cases, the State Council's patent administration departments shall notify the applicant within the prescribed period Correction :
(1) failed to submit summaries of the Chinese copy of the summary or asked;
(2) did not submit a copy of the attached map or a copy of the summary attached map;
(3) Failure to enter the Chinese national phase statement written in Chinese invention of the name, name of applicant or names and addresses of the applicant and the name of the inventor;
(4) entered the Chinese stage the contents of the statement or the format is not required.
The expiry of the applicant has failed to rectify the application as withdrawn.
104 international applications in the international stage been amended, the applicant requested a revised application document for the basis for the review, the applicant should be in the State Department patent administration departments well prepared the country work to alter the Chinese asked. During the period the Chinese asked not submitted, the applicant in the international stage changes, the patent administration departments State Department disregarded.
105 applicants entered the Chinese stage clearance, should also meet the following requirements :
(1) the application did not specify the invention, in the Chinese national phase statement specified invented names;
(2) international stage to the International Bureau for the change of the applicant should provide the following changes in the application to the applicant to prove the material;
(3) the applicant as a priority basis and the first place the applicant is not the same person, or made the application prior to the name change, when necessary, the applicant should provide proof of a priority;
(4) the application of invention patent law is Article 24 (a) or (b) one of the cases mentioned, the introduction of international applications made the statement that China should enter the national phase statement be described, and since the Chinese immigration formalities stage date two months before this rule, paragraph 2 of Article 31 of the documents.
The applicant does not meet the above paragraph (1), (2) and (3) requires the State Department patent administration departments shall notify the applicant within the specified time limit to rectify. Correction not expired (1) or (2) the contents of the applications deemed withdrawn; Correction not expire (3) the content of the priority requirements as not having been made.
The applicant has failed to meet the first paragraph of this section (4) calls for the application of patent law does not apply the provisions of Article 24.
Article 106 of the applicants in accordance with the Patent Cooperation Treaty, the right of samples of biological material has been preserved note, as it had met the rules clause 25 (3) requirements. Applicants should be entering the Chinese national phase statement specified records preserved samples of biological material matters in the document and the document records the specific location.
The applicant in the original application submitted by the international literature have documented biological material samples preservation matters, but did not enter the Chinese national phase specifies in the declaration, it should be handled in the Chinese national phase entry formalities date four months to rectify. Correction not expire, as the biological material not submitted Preservation.
Applicants for the Chinese national phase entry formalities date within four months of Chinese patent administration departments to submit samples of biological material preservation and survival proved to prove, as the present rules of the 25th paragraph (a) within the period provided for the author.
Article 107 of the applicants have asked the international stage one or a number of priority, in the Chinese stage of the priority requirements continue to be effective as patent law has been in accordance with the provisions of article 30 made a written statement.
Applicants in the international stage priority written statement or a clerical error did not appear in the earlier application, the application can be processed into Chinese stage correct procedures when prior written request or application of the application. The applicant's request to correct, it should be corrected to pay priority requesting payment.
Applicants in the international stage with the Patent Cooperation Treaty, the earlier submission of a copy of the application documents, Chinese immigration formalities at the stage of the State Council does not need to patent administration departments previously submitted copies of the application documents. Applicants in the international stage has not previously submitted a copy of the application, the patent administration department of the State Council deems necessary, they can notify the applicant within the specified period to pay. The applicant did not pay the expiry of their priority requirements as not having been made.
Priority claims in the international stage not as proposed by the International Bureau released the information, the applicant is justified, Chinese immigration clearance at the national phase of the patent administration request to the State Council departments to resume their priority requirements.
Article 108 of the priority date of 20 months before the expiry of the patent administration asked the State Council departments to advance and review of the international application, applicants should apply to enter the Chinese national phase of procedures should also be in accordance with the Patent Cooperation Treaty Article 23, paragraph 2 request. The International Bureau of the State Council has yet to patent administration departments transmission of the international application, the applicant must submit verification of international copy of the application.
Article 109 of the requests of the application of a new international patent application, the applicant can enter China for the national phase clearance date of a month, the patent administration to the State Council departments to amend brochures, map and the right book.
Request for invention patents of international applications, the application of Article 51 of the first details of the provisions.
Of the 110 applicants found the manuals, the right book or the attached map of the Chinese language : the errors, in the following period with international applications in accordance with the original text of corrections :
(1) of the State Council made the patent administration departments announced in the preparatory work before;
(2) On receipt of the State Council issued the patent administration departments of the patent applications to enter the substantive phase of the review date notice within three months.
The applicant asked to correct the mistakes, should submit a written request, asked to submit the correct page, and asked to pay the correct fee.
Applicants under the State Council, the patent administration departments require notice of the correction asked, it should be within the specified time limit for this procedure as stipulated in Section 2; No expiration of the formalities required for the applications considered withdrawn.
111 of the invention patents request of the international application, the patent administration department of the State Council, a preliminary review by that patent law and the relevant provisions of the rules, the patent should be posted on bulletin; International applications to the Chinese outside of the letter, the documents should be released in Chinese : .
Request for invention patents and the international application by the International Bureau of Chinese in the international, since the international date of the application of patent law to the provisions of Article 13; By the International Bureau of the Chinese language outside the international, since the State Council announced the patent administration department of the date of application of patent law to the provisions of Article 13 .
The international application, the patent law of the 21st and 22nd of the alleged announcement is the first of this set by the announcement.
Article 112 international application contains two more invention or utility model, the applicant for access to China's national stage procedures, in accordance with Article 42 of the Rules of the first, it is suggested that the applications.
In the international stage, the international retrieval unit or units of international preliminary examination that the application does not meet international Patent Cooperation Treaty drawback requirements, the applicant is not required to pay the surcharge, resulting in some parts of the application without international search or without international preliminary examination, in order to enter China at the time, the applicant will be required as part of the review period based on patent administration departments State Council that the international retrieval unit or units of international preliminary examination of the invention drawback is right, it shall notify the applicant within the specified period to pay the drawback of restoration costs. The expiration of unpaid or not paid in full, international applications without search or without international preliminary examination as part of the withdrawal.
Of the 113 applicants in accordance with the Rules 101 of the submission of documents and payment of fees to the patent administration department of the State Council, received the documents submitted to date, the date of receipt of fees paid for the day.
The documents submitted to the postal delay, the applicants found that the delay since the date of a month to prove that the documents have been in the provisions of Rule 101 of the period prior to the expiration date on the 5th of mail delivery, the document regarded as a deadline date received. However, the applicant to provide evidence of the time not later than the provisions of Rule 101 of the expiry of the period of six months.
Details of the applicant in accordance with the provisions of Article 101 of the patent to the State Council document submitted to the executive branch, you can use the fax. Applicants fax, to the patent administration department of the State Council, received by fax date for the submission date. Applicants should send faxes from the date 14 days to the State Council, the patent administration departments facsimile of the original. The expiry of the Original not submitted, as not submitted the paper.
The 114th international application of the priority requirements, the applicant must enter China for the national phase clearance fees to pay priority claims; Unpaid or not paid in full, the State Council's patent administration departments shall notify the applicant in the designated period of time to pay; Mature or not yet paid in full payment satisfied, as does not require that priority.
The 115th of the international application of the international stage by the relevant international organizations to deny the application of international or declared as withdrawn, the applicant receipt of the notification date of two months, the International Board may request the international application files a copy of any document referred to the State Council, the patent administration departments, and in the period State Department restrictions within the patent administration departments within the provisions of Rule 101 of the procedures, the State Council, the patent administration departments should receive the International Bureau of documents transmitted to the international unit of the right to decide whether to re-inspection.
Based on Article 116 of the international application of patents granted, asked wrong, resulting in accordance with Article 56 of the Patent Law of the provisions of the international scope of protection beyond the original application by the scope of the expression, to a restriction based on the original scope of protection prevail; The protected area which is less than the original international applications as the scope of the expression, to authorize the scope of protection prevail.
Chapter XI
Article 117 of the patent administration by the State Council departments, no one can access or copy or notice has been published in patent applications and Zhuanlidejibao files, and can request to the State Council issued the patent administration departments Zhuanlidejibao copy. As has been withdrawn, dismissed the initiative and withdraw the patent application files, since the patent application lapse date of the expiration of two years after not preserved.
Have given up, all declared null and void and to terminate the franchise of the files, since the patent expires the day after the expiration of three years not preserved.
Article 118 of the State Council to the patent administration departments to submit documents or applications for the various procedures, the State Council should use the patent administration departments to formulate a unified format, by the applicant, the patentee, and other interested persons or their representatives, signatures or seals; Commissioned by the patent agency, patent agency seal.
Request for change of name of the inventor, the patent applicant and the franchise's name or the name, nationality and address of the patent agency names, addresses and names of agents, to the State Council should patent administration departments handling matters recorded with the change, and contain the reasons for the change of proof.
Article 119 of the State Council to the patent administration departments mail application or patent documents, should be used by registered letters, parcels should not be used.
Apart from the application documents submitted to the State Council of the patent administration departments to submit documents for various procedures, it should be marked, or patent applications, invention or the applicant's name and the franchise name or names.
A letter should contain only the same application documents.
The 120th of various application documents should be typed or printed in black handwriting, neat clarity, and shall not be altered. The attached map should be used mapping tools and a black ink drawing clear lines should be uniform and not distorted.
The request, manuals, the right book, map and summary were used Arabic numerals should be sequentially numbered. The application documents horizontal text should be written. Limited to single-use paper.
Article 121 of the State Council, the patent administration departments under the Patents Act and the rules enacted patent review guidelines.
Details of the 122nd since July 1, 2001 has come into effect. On December 12, 1992 the State Council approved the amendments, December 21, 1992 the Chinese Patent Office issued the "Patent Law of the PRC Rules for the Implementation of" abolished at the same time. |
