WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/CHN/I/3
13 October 2003
(03-5381)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
CHINA
The present document reproduces the text1 of the Decision of the State Council on Amending
the Rules for the Implementation of the Patent Law of the People’s Republic of China, including the
consolidated version of the amended Rules, as notified by China under Article 63.2 of the Agreement
(see document IP/N/1/CHN/2).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
CHINE
Le présent document contient le texte1 de la Décision du Conseil d'État portant modification
des Modalités d'application de la Loi de la République populaire de Chine relative aux brevets, y
compris la version codifiée des règles modifiées, qui ont été notifiées par la Chine au titre de
l'article 63:2 de l'Accord (voir le document IP/N/1/CHN/2).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
CHINA
En el presente documento se reproduce el texto1 de la Decisión del Consejo de Estado sobre la
modificación de las Normas para la aplicación de la Ley de Patentes de la República Popular China,
comprendida la versión refundida de las Normas modificadas, que China ha notificado en virtud de lo
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/CHN/2).
                                                     
1 In English only.  The text in the original language will be available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées pourront consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/CHN/I/3
Page 2
Decision of the State Council on Amending the Rules for the Implementation of the Patent Law
of the People’s Republic of China
(Promulgated by Decree No. 368 of the State Council of the People’s Republic of China
on December 28, 2002, and effective as of February 1, 2003)
    The State Council has decided to amend as follows the Rules for the Implementation of the Patent
Law of the People’s Republic of China promulgated on June 15, 2001:1. Article 101 is amended as: “Any applicant for an international application entering the Chinesenational phase shall, within 30 months from the priority date as referred to in Article 2 of the PatentCooperation Treaty (referred to in this chapter as  "the priority date"), go through the following
formalities at the patent administration department under the State Council:    (1) submitting a written statement concerning the entry of his or its international application intothe Chinese national phase. The statement shall indicate the international application number, and also
indicate in Chinese the kind of patent protection sought, the title of the invention-creation, the name
or title of the applicant, the address of the applicant and the name of the inventor. Such indicationsshall be the same as those recorded by the International Bureau;    (2) paying the filing fee, the additional fee for patent application and the printing fee for publicizingthe application as provided in Article 90, paragraph one of these Rules;    (3) where an international application is filed in a language other than Chinese, the Chinese
translation of the description, the claims, the text matter of the drawings, and the abstract of the initialinternational application shall be furnished; where an  international application is filed in Chinese, a
copy of the abstract published in the international publication shall be furnished;
    (4) where an international application contains drawings, a copy of the drawings shall be furnished.Where an international application is filed in Chinese, a copy of the figure of the drawings in theabstract as published in the international publication shall be furnished.    If the applicant fails to go through the relevant formalities for entering the Chinese national phasewithin the time limit prescribed in the preceding paragraph, he or it may, after paying a surcharge for
the late entry, go through these formalities before the expiration of the time limit of 32 months fromthe priority date.”2. Article 108 is amended as: “Where, before the expiration of 30 months from the priority date, the
applicant files a request with the patent administration department under the State Council for early
processing and examination of his or its international application, he or it shall, in addition to goingthrough the formalities for entering the Chinese national phase, submit a request in accordance withthe provisions in Article 23, paragraph two of the Patent Cooperation Treaty. Where the internationalapplication has not been transmitted by the International Bureau to the patent administrationIP/N/1/CHN/I/3
Page 3
department under the State Council, the applicant shall submit a confirmed copy of the international
application.”    This Decision shall be effective as of February 1, 2003.    The Rules for the Implementation of the Patent Law of the People’s Republic of China shall be
revised correspondingly according to this Decision and promulgated anew.
Rules for the Implementation of the Patent Law of the People's Republic of China
(Promulgated by Decree No. 306 of the State Council of the People's Republic of China
on June 15, 2001, and revised according to the Decision of the State Council on Amending
the Rules for the Implementation of the Patent Law of the People’s Republic of China
promulgated on December 28, 2002)
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).    Article 2  "Invention" in the Patent Law means any new technical solution relating to a product, a
process or improvement thereof.    "Utility model" in the Patent Law means any new technical solution relating to the shape, the
structure, or their combination, of a product, which is fit for practical use.
    "Design" in the Patent Law means any new design of the shape, pattern  or their combination, or the
combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and isfit for industrial application.    Article 3 Any formalities prescribed by the Patent Law and these Rules shall be gone through in a
written form or in any other form prescribed by the patent administration department under the StateCouncil.    Article 4 Any document submitted in accordance with the provisions of the Patent Law and these
Rules shall be in Chinese; the standard scientific  and technical terms shall be used if there is a
prescribed one set forth by the State; where no generally accepted translation in Chinese can be found
for a foreign name or scientific or technical term , the one in the original language shall be also
indicated.    Where any certificate(s) or certifying document(s) submitted in accordance with the provisions ofthe Patent Law and these Rules is in a foreign language, the patent administration department underthe State Council may, when it deems necessary, request a Chinese translation of the certificate(s) orthe certifying document(s) be submitted within a specified time limit; where the translation is notIP/N/1/CHN/I/3
Page 4
submitted within the specified time limit, the certificate(s) or certifying document(s) shall be deemed
not to have been submitted.    Article 5 Where any document is sent by mail to the patent administration department under the
State Council, the date of mailing indicated by the postmark on the envelope shall be deemed to be the
date of filing; where the date of mailing indicated by the postmark on the envelope is illegible, the
date on which the patent administration department under the State Council receives the documentshall be the date of filing, except where the date of mailing is proved by the party concerned.    Any document of the patent administration department under the State Council may be served bymail, by personal delivery or by other forms. Where any party concerned appoints a patent agency, thedocument shall be sent to the patent agency; where no patent agency is appointed, the document shallbe sent to the liaison person named  in the request.
    Where any document is sent by mail by the patent administration department under the StateCouncil, the 16th day from the date of mailing shall be presumed to be the date on which the party
concerned receives the document(s).
    Where any document is delivered personally in accordance with the provisions of  the patent
administration department under the State Council, the date of delivery is the date on which the partyconcerned receives the document(s).    Where the address of any document is not clear and it cannot be sent by mail, the document may beserved by making an announcement. At the expiration of one month from the date of theannouncement, the document shall be deemed to be served.    Article 6  The first day of any time limit prescribed in the Patent Law and these Rules shall not be
counted in the time limit. Where the time limit is counted by year or by month, it shall expire on the
corresponding day of the last month; if there is no corresponding day in that month, the time limitshall expire on the last day of that month; if a time limit expires on an official holiday, it shall expireon the first working day following that official holiday.    Article 7 Where a time limit prescribed in the Patent Law or these Rules or specified by  the patent
administration department under the State Council is not observed by a party concerned because offorce majeure , resulting in loss of his or its rights, he or  it may, within two months from the date on
which the impediment is removed, at the latest within two years immediately following the expirationof that time limit, state the reasons, together with relevant supporting documents, and request the
patent administration department under the State Council to restore his or its rights.
    Where a time limit prescribed in the Patent Law or these Rules or specified by the patentadministration department under the State Council is not observed by a party concerned because ofany justified reason, resulting in loss of his or its ri ghts, he or it may, within two months from the date
of receipt of a notification from the patent administration department under the State Council, stateIP/N/1/CHN/I/3
Page 5
the reasons and request the patent administration department under the State Council to restore his or
its rights.    Where the party concerned makes a request for an extension of a time limit specified by the patentadministration department under the State Council, he or it shall, before the time limit expires, state
the reasons to the patent administration department under the State Council and go through the
relevant formalities.    The provisions of paragraphs one and two of this Article shall not be applicable to the time limitreferred to in Articles 24, 29,  42 and 62 of the Patent Law.
    Article 8 Where an application for a patent for invention relates to the secrets of the State
concerning national defense and requires to be kept secret, the application for patent shall be filedwith the patent department of national defense. Wh ere any application for patent for invention relating
to the secrets of the State concerning national defense and requiring to be kept secret is received bythe patent administration department under the State Council, the application sh all be forwarded to the
patent department of national defense for examination, and the patent administration department
under the State Council shall make a decision on the basis of the observations of the examinationmade by the patent department of national defense.    Subject to the provisions of the preceding paragraph, the patent administration department underthe State Council shall, after receipt of an application for patent for invention which is required to beexamined for the purpose of security, send it to the relevant competent department under the StateCouncil for examination. The relevant competent depa rtment shall, within four months from the date
of receipt of the application, notify the patent administration department under the State Council of
the results of the examination. Where the invention fo r which a patent is applied for is required to be
kept secret,  the patent administration department under the State Council shall handle it as an
application for secret patent and notify the applicant accordingly.    Article 9  Any invention-creation  that is  contrary to the laws of the State referred to in Article 5 of
the Patent Law shall not include  the invention-creation merely because the exploitation  of which is
prohibited by the laws of the State .
    Article 10 The date of filing referred to in the Patent Law, except for those referred to in Articles
28 and 42, means the priority date where a priority is claimed.    The date of filing referred to in these Rules, except as otherwise prescribed, means the date of filing
prescribed in Article 28 of the Patent Law.
    Article l1  "A service invention-creation made by a person in execution of the tasks of the entity to
which he belongs" referred to in Article 6 of the Patent Law means any invention-creation made:
    (1) in the course of performing his own duty;IP/N/1/CHN/I/3
Page 6
    (2) in execution of any task, other than his own duty, which was entrusted to him by the entity to
which he belongs;    (3) within one year from his resignation, re tirement or change of work, where the invention-
creation relates to his own duty or the other task entrusted to him by the entity to which he previously
belonged.
    "The entity to which he belongs" referred to in Article 6 of the Patent Law includes the entity inwhich the person concerned is a temporary staff member. “Material and technical means of the entity”
referred to in Article 6 mean the entity's money, equipment, spare parts, raw materials or technicalmaterials which are not disclosed to the public.    Article 12  "Inventor" or "creator" referred to in the Patent Law means any person who makes
creative contributions to the substantive features of an invention-creation. Any person who, during the
course of accomplishing the invention-creation, is responsible only for organizational work, or whooffers facilities for making use of material  and technical means, or who takes part in other auxiliary
functions, shall not be considered as inventor or creator.
    Article l3  For any identical invention-creation, only one patent right shall be granted.
    Two or more applicants who respectively file, on the same day, applications for patent for theidentical invention-creation, as provided for in Article 9 of the Patent Law, shall, after receipt of anotification from the patent administration depart ment under the State Council, hold consultations
among themselves to decide the person or persons who shall be entitled to file the application.    Article 14  Any assignment of the right to apply for a patent or of the patent right, by a Chinese
entity or individual, to a foreigner shall be approved by the competent department for foreign trade
and economic affairs of the State Council in conjunction with the science and technology
administration department of the State Council.    Article 15 Except for the assignment of the patent right in accordance with Article 10 of the Patent
Law, where the patent right is transferred because of any other reason, the person or personsconcerned shall, on the strength of relevant certifying documents or legal papers, request the patentadministration department under the State Council to make a registration of change in the owner ofthe patent right.    Any license contract for exploitation of the patent which has been concluded by the patentee withan entity or individual shall, within three months from the date of entry into force of the contract, be
submitted to the patent administration department under the State Council for the record.
Chapter II Application for PatentIP/N/1/CHN/I/3
Page 7
    Article l6  Anyone who applies for a patent in written form shall file with the patent administration
department under the State Council application documents in two copies.    Anyone who applies for a patent in other forms as provided by the patent administration departmentunder the State Council shall comply with the relevant provisions.
    Any applicant who appoints a patent agency for applying for a patent, or for having other patent
matters to attend to before the patent administration department under the State Council , shall submit
at the same time a power of attorney indicating the scope of the power entrusted.    Where there are two or more applicants and no patent agency is appointed, unless otherwise statedin the request, the applicant named first in  the request shall be the representative.
    Article l7 "Other related matters" in the request referred to in Article 26, paragraph two of the
Patent Law mean:    (1) the nationality of the applicant;    (2) where the applicant is an enterprise or other organization, the name of the country in which the
applicant has the principal business office;
    (3) where the applicant has appointed a patent agency, the relevant matters which shall beindicated; where no patent agency is appointed, the name, address, postcode and telephone number ofthe liaison person;    (4) where the priority of an earlier application is claimed, the relevant matters which shall beindicated;    (5) the signature or seal of the applicant or the patent agency;    (6) a list of the documents constituting the application;
    (7) a list of the documents appending the application; and
    (8) any other related matter which needs to be indicated.    Article l8 The description of an application for a patent for invention or utility model shall state the
title of the invention or utility model, which shal l be the same as it appears in the request. The
description shall include the following:    (1) technical field: specifying the technical field to which the technical solution to be protectedpertains;    (2) background art: indicating the background art which can be regarded as useful for theunderstanding, searching and examination of the invention or utility model, and when possible, citing
the documents reflecting such art;
    (3)  contents of the invention: disclosing the technical problem the invention or utility model aims to
settle and the technical solution adopted to resolve the problem; and stating, with reference to theprior art, the advantageous effects of the invention or utility model;    (4) description of figures: briefly describing each figure in the drawings, if any;IP/N/1/CHN/I/3
Page 8
    (5) mode of carrying out the invention or utility model: describing in detail the optimally selected
mode contemplated by the applicant for carrying out the invention or utility model; where appropriate,this shall be done in terms of examples, and with reference to the drawings, if any;    The manner and order referred to in the preceding paragraph shall be followed by the applicant for
a patent for invention or for utility model, and each of the parts shall be preceded by a heading ,
unless, because of the nature of the invention or utility model, a different manner or order wouldresult in a better understanding and a more economical presentation.    The description of the invention or utility model shall  use standard  terms  and be in clear  wording,
and shall not contain such references to the claims as: "as described in claim …", nor shall it containcommercial advertising.    Where an application for a patent for invention contains disclosure of one or more nucleotideand/or amino acid sequences, the description shall contain a sequence listing in compliance with thestandard prescribed by the patent administration department under the State Council. The sequence
listing shall be submitted as a separate part of the description, and a copy of the said sequence listing
in machine-readable form shall also be submitte d in accordance with the provisions of the patent
administration department under the State Council.    Article l9 The same sheet of drawings may contain several figures of the invention or utility model,
and the figures shall be numbered and arranged in numerical order consecutively as "Figure l, Figure2, …".    The scale and the distinctness of the drawings shall be as such that a reproduction with a linearreduction in size to two-thirds would still enable all details to be clearly distinguished.
    Reference signs not mentioned in the text of the description of the invention or utility model shall
not appear in the drawings. Reference signs not appearing in the drawings shall not appear in the textof the description. Reference signs for the same composite part shall be used consistently throughoutthe application document.    The drawings shall not contain any other explanatory notes, except words which are indispensable.    Article 20 The claims shall define clearly and concisely the matter for which protection is sought in
terms of the technical features of the invention or utility model.    If there are several claims, they shall be numbered consecutively in Arabic numerals.    The technical terminology used in the claims sh all be consistent with that used in the description.
The claims may contain chemical or mathematical formulae but no drawings. They shall not, except
where absolutely necessary, contain such references to the description or drawings as: "as described inpart …of the description", or "as illustrated in Figure …of the drawings".    The technical features mentioned in the claims may, in order to facilitate quicker understanding ofthe claim, make reference to the corresponding re ference signs in the drawings of the description.IP/N/1/CHN/I/3
Page 9
Such reference signs shall follow the corresponding technical features and be placed in parentheses.
They shall not be construed as limiting the claims.    Article 2l The claims shall have an independent claim, and may also contain dependent claims.
    The independent claim shall outline the technical solution of an invention or utility model and state
the essential technical features necessary for the solution of its technical problem.
    The dependent claim shall, by additional technical features, further define the claim that it refers to.    Article 22  An independent claim of an invention or utility model shall contain a preamble portion
and a characterizing portion, and be presented in the following form:    (1) a preamble portion: indicating the title of the claimed subject matter of the technical solution ofthe invention or utility model, and those technical features which are necessary for the definition ofthe claimed subject matter but which, in combination, are part of the most related prior art;    (2) a characterizing portion: stating, in such words as "characterized in that… ”or in similarexpressions, the technical features of the invention or utility model, which distinguish it from the most
related prior art. Those features, in combination with the features stated in the preamble portion, serve
to define the scope of protection of the invention or utility model.    Where the manner specified in the preceding paragraphs is not appropriate to be followed becauseof the nature of the invention or utility model, an independent claim may be presented in a differentmanner.    An invention or utility model shall have only one independent claim, which shall precede all thedependent claims relating to the same invention or utility model.    Article 23 Any dependent claim of an invention or utility model shall contain a reference portion
and a characterizing portion, and be presented in the following manner:
    (l) a reference portion: indicating the serial number(s) of the claim(s) referred to, and the title of thesubject matter;    (2) a characterizing portion: stating the additional technical features of the invention or utilitymodel.    Any dependent claim shall  only refer to the preceding claim or claims. Any multiple dependent
claims, which refer to two or more claims, shall refer to the preceding one in the alternative only, andshall not serve as a basis for any other multiple dependent claims.    Article 24 The abstract shall consist of a summary of the disclosure as contained in the application
for patent for invention or utility model. The summar y shall indicate the title of the invention or utility
model, and the technical field to which the invention or utility model pertains, and shall be drafted ina way which allows the clear understanding of the technical problem, the gist of the technical solutionof that problem, and the principal use or uses of the invention or utility model.IP/N/1/CHN/I/3
Page 10
    The abstract may contain the chemical formula which best characterizes the invention. In an
application for a patent which contains drawings, the applicant shall provide a figure which bestcharacterizes the technical features of the invention or utility model. The scale and the distinctness ofthe figure shall be as such that a reproduction with a linear reduction in size to 4cm x 6cm would still
enable all details to be clearly distinguished. The whole text of the abstract shall contain not more
than 300 words. There shall be no commercial advertising in the abstract.    Article 25 Where an invention for which a patent is applied concerns a new biological material
which is not available to the public and which cannot be described in the application in such a manneras to enable the invention to be carried out by a person skilled in the art,  the applicant shall, in
addition to the other requirements provided for in the Patent Law and these Rules, go through thefollowing formalities:    (1) depositing a sample of the biological material with a depositary institution designated by thepatent administration department under the  State  Council before, or at the latest, on the date of filing
(or the priority date where priority is claimed), and submit at the time of filing or at the latest, within
four months from the filing date, a receipt of deposit and the viability proof from the depositoryinstitution; where they are not submitted within the specified time limit, the sample of the biologicalmaterial shall be deemed not to have been deposited;    (2) giving in the application document relevant information of the characteristics of the biologicalmaterial;    (3) indicating, where the application relates to the deposit of the biological material, in the requestand the description the scientific name (with its Latin name) and the name and address of the
depositary institution, the date on which the sample of the biological material was deposited and the
accession number of the deposit; where, at the time of filing, they are not indicated, they shall besupplied within four months from the date of filing; where after the expiration of the time limit theyare not supplied, the sample of the biological material shall be deemed not to have been deposited.    Article 26  Where the applicant for a patent for invention has deposited a sample of the biological
material in accordance with the provisions of Article 25 of these Rules, and after the application forpatent for invention is published, any entity or individual that intends to make use of the biologicalmaterial, to which the application relates, for the purpose of experiment shall make a request to thepatent administration department under the State Council, containing the following items:
    (1) the name or title and address of the claimant;
    (2) an undertaking not to make the biological material available to any other person;    (3) an undertaking to use the biological material for experimental purpose only before the grant ofthe patent right.IP/N/1/CHN/I/3
Page 11
    Article 27 The size of drawings or photographs of a design submitted in accordance with the
provisions of Article 27 of the Patent Law shall not be smaller than 3cm x 8cm, nor larger than l5cm x22cm.    Where an application for a patent for design seeking concurrent protection of colors is filed, a
drawing or photograph in color shall be submitted in two copies.
    The applicant shall, in respect of the subject matter of the product incorporating the design which is
in need of protection, submit the relevant views and stereoscopic drawings or photographs, so as toclearly show the subject matter for which protection is sought.    Article 28 Where an application for a patent for design is filed, a brief explanation of the design
shall, when necessary, be made.    The brief explanation of the design shall include the essential portion of the design, the colors forwhich protection is sought and the omission of the view of the product incorporating the design. Thebrief explanation shall not contain any commercial advertising and shall not be used to indicate the
function of the product.
    Article 29 Where the patent administration department under the State Council deems it necessary,
it may require the applicant for a patent for design to submit a sample or model of the productincorporating the design. The volume of the sample or model submitted shall not exceed 30cm x30cm x 30cm, and its weight shall not surpass l5 kilograms. Articles that are easy to get rotten orbroken or articles that are dangerous shall not be submitted as sample or model.    Article 30 The existing technology referred to in Article 22, paragraph three of the Patent Law
means any technology which has been publicly disclosed in domestic or foreign publications, or has
been publicly and domestically used or made known to the public by any other means, before the date
of filing (or the priority date where priority is claimed), that is, prior art.    Article 3l The academic or technological meeting referred to in Article 24, subparagraph (2) of the
Patent Law means any academic or technological meeting organized by a relevant competentdepartment of the State Council or by a na tional academic or technological association.
    Where any invention-creation for which a patent is applied for falls under the provisions of Article24, subparagraph (l) or (2) of the Patent Law, the applicant shall, when filing the application, make adeclaration and, within a time limit of two months from the date of filing, submit certifyingdocuments issued by the entity which organized the international exhibition or academic or
technological meeting, stating the fact that the in vention-creation was exhibited or published with the
date of its exhibition or publication.    Where any invention-creation for which a patent is applied for falls under the provisions of Article24, subparagraph (3) of the Patent Law, the patent administration department under the State CouncilIP/N/1/CHN/I/3
Page 12
may, when it deems necessary, require the applicant to submit the relevant certifying documents
within the specified time limit.    Where the applicant fails to make a declaration and submit certifying documents as required inparagraph two of this Article, or fails to submit certifying documents within the specified time limit as
required in paragraph three of this Article, the provisions of Article 24 of the Patent Law shall not
apply to the application.    Article 32 Where any applicant claims priority in accordance with the provisions of Article 30 of
the Patent Law, he or it shall, in his or its written declaration, indicate the date and the number of theapplication which is first filed (hereinafter referred to as the earlier application) and the country inwhich the application is filed. If the written declaration does not contain the filing date of the earlierapplication and the name of the country in which the application is filed, the declaration shall bedeemed not to have been made.    Where the foreign priority is claimed, the copy of the earlier application documents submitted by
the applicant shall be certified by the competen t authority of the foreign country in which the
application is filed. Where in the certifying material submitted, the name or title of the later applicantis not the same as that of the earlier one, the applicant shall submit document certifying theassignment of priority . Where the domestic priority is claimed, the copy of the earlier application
document shall be prepared by the patent administration department under the State Council.    Article 33 An applicant may claim one or more priorities for an application for one patent; where
multiple priorities are claimed, the priority period for the application shall be calculated from theearliest priority date.
    Where an applicant claims the right of domestic priority, if the earlier application is one for a patent
for invention, he or it may file an application for a patent for invention or utility model for the samesubject matter; if the earlier application is one for a patent for utility model, he or it may file anapplication for a patent for utility model or invention for the same subject matter. However, when thelater application is filed, if the subject matter of  the earlier application falls under any of the following
circumstances, it may not be taken as the basis for claiming domestic priority:    (1) where it has claimed foreign or domestic priority;    (2) where it has been granted a patent right;    (3) where it is a divisional application filed as prescribed.
    Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn
from the date on which the later application is filed.    Article 34  Where an application for a patent is filed or the right of foreign priority is claimed by an
applicant having no habitual residence or business office in China, the patent administrationIP/N/1/CHN/I/3
Page 13
department under the State Council may, when it deems necessary, require the applicant to submit the
following documents:    (1) a certificate of nationality :    (2) a document certifying the seat of the business office or the headquarters, if the applicant is an
enterprise or other organization;
    (3) a document certifying that the country, to which the foreigner, foreign enterprise or otherforeign organization belongs, recognizes that Chinese entities and individuals are, under the sameconditions as those applied to its nationals, entitled to the patent right, the priority and other relatedrights in that country.    Article 35 Two or more inventions or utility models belonging to a single general inventive
concept which may be filed as one application in accordance with the provisions in Article 3l,paragraph one of the Patent Law shall be technically inter-related and contain one or more of the sameor corresponding special technical features. The expression "special technical features" shall mean
those technical features that define a contribution which each of those inventions or utility models,
considered as a whole, makes over the prior art.    Article 36 The expression "the same class" referred to in Article 3l, paragraph two of the Patent
Law means that the products incorporating the designs belong to the same subclass in theclassification of products for designs. The expression "be sold or used in sets" means that the productsincorporating the designs have the same designing concept and are customarily sold and used at thesame time.    Where two or more designs are filed as one appl ication in accordance with the provisions in Article
3l, paragraph two of the Patent Law, they shall be numbered consecutively and the numbers shall
precede the titles of the view of the product incorporating the design.    Article 37 When withdrawing an application for a pate nt, the applicant shall submit to the patent
administration department under the State Council a declaration stating the title of the invention-creation, the filing number and the date of filing.    Where a declaration to withdraw an application for a patent is submitted after the patentadministration department under the State Council has completed the preparations for the publicationof the application document, the application document shall be published as scheduled. However, thedeclaration withdrawing the application for patent sh all be publicized in the Patent Gazette published
later.
Chapter III Examination and Approval of Application for PatentIP/N/1/CHN/I/3
Page 14
    Article 38  Where any of the following events occurs, a person who makes examination or hears a
case in the procedures of preliminary examination, examination as to substance, reexamination orinvalidation shall, on his own initiative or upon the request of the parties concerned or any otherinterested person, be excluded from exercising his functions:
    (1) where he is a near relative of the party concerned or of the latter’s agent;
    (2) where he has an interest in the application for patent or the patent right;    (3) where he has any other kinds of relations with the party concerned or with the latter’s agent thatmay influence impartial examination and hearing.    (4) where he is a member of the Patent Reexamination Board who has ever taken part in theexamination of the same initial application.    Article 39 Upon the receipt of an application for a patent for invention or utility model consisting
of a request, a description (drawings must be included in an application for utility model) and one ormore claims, or an application for a patent for design consisting of a request and one or more
drawings or photographs showing the design, the patent administration department under the State
Council shall accord the date of filing, issue a filing number, and notify the applicant.    Article 40 In any of the following circumstances, the patent administration department under the
State Council shall refuse to accept the applicat ion document and notify the applicant accordingly:
    (1) where the application for a patent for invention or utility model does not contain a request, adescription (the description of utility model does not contain drawings) or claims, or the applicationfor a patent for design does not contain a request, drawings or photographs;    (2) where the application document is not written in Chinese;
    (3) where the application document is not in conformity with the provisions of Article 120,
paragraph one of these Rules;    (4) where the request does not contain the name or title and address of the applicant;    (5) where the application document is obviously not in conformity with the provisions of Article18, or of Article l9, paragr aph one of the Patent Law;
    (6) where the category of the application for a patent (patent for invention, utility model ordesign)is not clear and definite or cannot be ascertained.    Article 41 Where the description states that it contains explanatory notes to the drawings but the
drawings or part of them are missing, the applicant shall, within the time limit specified by the patent
administration department under the State Council, either furnish the drawings or make a declaration
for the deletion of the explanatory notes to the drawings. If the drawings are submitted later, the dateof their delivery at, or mailing to, the patent ad ministration department under the State Council shall
be the date of filing of the application; if the explanatory notes to the drawings are to be deleted, theinitial date of filing shall be retained.IP/N/1/CHN/I/3
Page 15
    Article 42 Where an application for a patent contains two or more inventions, utility models or
designs, the applicant may, before the expiration of the time limit provided for in Article 54,paragraph one of these Rules, submit to the patent administration department under the State Councila divisional application. However, where an application for patent has been rejected or withdrawn or
is deemed to have been withdrawn, no divisional application may be filed.
    If the patent administration department under the State Council finds that an application for a patentis not in conformity with the provisions of Article 3l of the Patent Law or of Article 35 or 36 of theseRules, it shall invite the applicant to amend the application within a specified time limit; if the
applicant fails to make any response after the expiration of the specified time limit, the applicationshall be deemed to have been withdrawn.    The divisional application may not change the category of the initial application.    Article 43 For a divisional application which is filed in accordance with the provisions of Article
42 of these Rules, the initial date of filing may be retained; if the priority is claimed, the priority date
of the initial application may be retained, provided that the divisional application does not go beyond
the scope of disclosure contained in the initial application.    The divisional application shall go through all the formalities in accordance with the provisions ofthe Patent Law and these Rules.    The filing number and the date of filing of the initial application shall be indicated in the request ofthe divisional application. When a divisional application is filed, it shall be accompanied by a copy ofthe initial application document; if priority is claime d for the initial application, a copy of the priority
document of the initial application shall also be submitted.
    Article 44   "Preliminary examination" referred to in Articles 34 and 40 of the Patent Law means
the examination of an application for a patent to see whether or not it contains the documentsprovided for in Article 26 or 27 of the Patent Law and other necessary documents, and whether or notthose documents are in the prescribed form; such  examination shall also include the following:
    (1) whether or not any application for a patent for invention obviously falls under Article 5 or 25 ofthe Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraphone, or is obviously not in conformity with the provisions of Article 3l, paragraph one, or Article 33of the Patent Law or of Article 2, paragraph one, or Article 18, or Article 20 of these Rules;    (2) whether or not any application for a patent for utility model obviously falls under Article 5 or
25 of the Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9,
paragraph one of the Patent Law, or is obviously not in conformity with the provisions of Article 26,paragraph three or four, or of Article 3l, paragraph on e, or Article 33 of the Patent Law or of Article
2, paragraph two, or of Article l3, paragraph one, or of Articles l8 to 23, or of Article 43, paragraphIP/N/1/CHN/I/3
Page 16
one of these Rules, or is not entitled to a patent right in accordance with the provisions of Article 9 of
the Patent Law;    (3) whether or not any application for a patent for design obviously falls under Article 5 of thePatent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraph one of
the Patent Law, or is obviously not in conformity with the provisions of Article 3l, paragraph two, or
of Article 33 of the Patent Law, or of Article 2, pa ragraph three, or of Article l3, paragraph one, or of
Article 43, paragraph one of these Rules, or is not entitled to a patent right in accordance with theprovisions of Article 9 of the Patent Law.    The patent administration department under the State Council shall notify the applicant of itsopinions after examining his or its application and invite him or it to state his or its observations or tocorrect his or its application within the specified time limit. If the applicant fails to make any responsewithin the specified time limit, the application shall be deemed to have been withdrawn. Where, after
the applicant has made his or its observations or the corrections, the patent administration department
under the State Council still finds that the application is not in conformity with the provisions in the
preceding paragraph, the application shall be rejected.    Article 45 Apart from the application for patent, any document relating to the patent application,
which the applicant has submitted to the patent administration department under the State Council,shall be deemed not to have been submitt ed in any of the following circumstances:
    (1) where the document is not presented in the prescribed form or the indications therein are not inconformity with the provisions;    (2) where no certifying document is submitted as prescribed.
    The patent administration department under the State Council shall notify the applicant of its
examination opinion that the document is deemed not to have been submitted.    Article 46  Where the applicant requests an earlier publication of its or his application for a patent
for invention, a statement shall be made to the patent administration department under the StateCouncil. The patent administration department under the State Council shall, after preliminaryexamination of the application, publicize it immediately, unless it is to be rejected.    Article 47  The applicant shall, when indicating in accordance with Article 27 of the Patent Law the
product incorporating the design and the class to which that product belongs, refer to the classificationof products for designs publicized by the patent administration department under the State Council.
Where no indication, or an incorrect indication, of the class to which the product incorporating the
design belongs is made, the patent administration department under the State Council shall supply theindication or correct it.    Article 48 Any person may, from the date of publication of an application for a patent for invention
till the date of announcing the grant of the patent right, submit to the patent administration departmentIP/N/1/CHN/I/3
Page 17
under the State Council his observations, with the reasons therefore, on the application which is not in
conformity with the provisions of the Patent Law.    Article 49 Where the applicant for a patent for invention cannot furnish, for justified reasons, the
documents concerning any search or results of any examination specified in Article 36 of the Patent
Law, it or he shall make a statement to the patent administration department under the State Council
and submit them when the said documents are available.    Article 50 The patent administration department under the State Council shall, when proceeding on
its own initiative to examine an application for a patent in accordance with the provisions of Article35, paragraph two of the Patent Law, notify the applicant accordingly.    Article 5l When requesting for examination as to substance or within three months after the receipt
of the  notification of the patent administration department under the State Council that the application
has entered into examination as to substance, the applicant for a patent for invention may amend the
application for a patent for invention on its or his own initiative.
    Within two  months from the date of filing, the applicant for a patent for utility model or design may
amend the application for a patent for utility model or design on its or his own initiative.    Where the applicant amends the application after receiving the notification of opinions of theexamination as to substance of the patent administration department under the State Council, he or itshall make the amendment as required by the notification.    The patent administration department under the State Council may, on its own initiative, correct theobvious clerical mistakes and symbol mistakes in the documents of application for a patent. Wherethe patent administration department under the State Council corrects mistakes on its own initiative, it
shall notify the applicant.
    Article 52 When an amendment to the description or the claims in an application for a patent for
invention or utility model is made, a replacement sheet in prescribed form shall be submitted, unlessthe amendment concerns only the alteration, insertion or deletion of a few words. Where anamendment to the drawings or photographs of an application for a patent for design is made, areplacement sheet shall be submitted as prescribed.    Article 53  In accordance with the provisions of Article 38 of the Patent Law, the circumstances in
which an application for patent for invention shall be rejected by the patent administration departmentunder the State Council after examination as to substance are as follows:
    (1) where the application does not comply with the provisions of Article 2, paragraph one of these
Rules;    (2) where the application falls under the provisions of Article 5 or 25 of the Patent Law, or it doesnot comply with the provisions of Article 22 of the Patent Law or of Article l3, paragraph one, or ofIP/N/1/CHN/I/3
Page 18
Article 20, paragraph one, or of Article 21, paragraph two of these Rules, or the applicant is not
entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;    (3) where the application does not comply with the provisions of Article 26, paragraph three orfour, or of Article 3l, para graph one of the Patent Law;
    (4) where the amendment to the application does not comply with the provisions of Article 33 of
the Patent Law, or the divisional application does not comply with the provisions of Article 43,paragraph one of these Rules.    Article 54  After the patent administration department under the State Council issues the
notification to grant the patent right, the applicant shall go through the formalities of registrationwithin two months from the date of receipt of the notification. If the applicant completes the
formalities of registration within the said time limit, the patent administration department under theState Council shall grant the patent right, issu e the patent certificate and make an announcement.
    If the applicant does not go through the formalities of registration within the time limit, he or it
shall be deemed to have abandoned its or his right to obtain the patent right.
    Article 55 After the announcement of the decision to grant a patent for utility model, the patentee
of the said patent for utility model may request the patent administration department under the StateCouncil to make a search report on the utility model patent.    Where such person requests for a search report on a utility model patent, he shall submit a request,indicating the patent number of the said patent for utility model. Each request shall be limited for onepatent for utility model.    After receiving a request for a search report on a utility model patent, the patent administration
department under the State Council shall proceed to make an examination of the request. Where the
request does not comply with the requirements as prescribed, the said department shall notify theperson making the request to amend the request within a specified time limit.    Article 56 Where, after examination, the request for a search report on a utility model patent
complies with the provisions, the patent administration department under the State Council shallpromptly make a search report on the utility model patent.    Where, after search, the patent administration department under the State Council finds that thepatent for utility model concerned does not comply with the provisions of Article 22 of the PatentLaw concerning novelty or inventiveness, it shall cite the documents considered to be relevant, state
the reasons therefor and have the copies of the cited relevant documents attached.
    Article 57  The patent administration department under the State Council shall promptly correct the
mistakes in patent announcements and documents once they are discovered, and the corrections shallbe announced.IP/N/1/CHN/I/3
Page 19
Chapter IV Reexamination of Patent Applic ation and Invalidation of Patent Right
    Article 58  The Patent Reexamination Board shall consist of technical and legal experts appointed
by the patent administration department under the State Council. The responsible person of the patent
administration department under the State Council  shall be the Director General of the Board.
    Article 59  Where the applicant requests the Patent Reexamination Board to make a reexamination
in accordance with the provisions of Article 41 of the Patent Law, it or he shall file a request forreexamination, state the reasons and, when necessary, attach the relevant supporting documents.    Where the request for reexamination does not comply with the prescribed form, the person making
the request shall rectify it within the time limit spec ified by the Patent Reexamination Board. If the
person making the request fails to meet the time limit for making rectification, the request forreexamination shall be deemed not to have been filed.    Article 60 The person making the request may amend its or his application at the time when it or he
requests reexamination or makes responses to the reexamination notification of the Patent
Reexamination Board. However, the amendments shall be limited only to remove the defects pointedout in the decision of rejection of the application, or in the reexamination notification.
The amendments to the application for patent shall be in two copies.Article 61  The Patent Reexamination Board shall send the request for reexamination that the
Board has received to the original examination department of the patent administration departmentunder the State Council for examination. Where the original examination department agrees to revokeits original decision upon the request of the person requesting reexamination, the Patent
Reexamination Board shall make a decision accordingly and notify the person making the request.
Article 62  Where, after reexamination, the Patent Reexamination Board finds that the request
does not comply with the provisions of the Patent Law and these Rules, it shall notify the personrequesting reexamination to submit his observations within a specified time limit. If the time limit formaking response is not met, the request for reexamination shall be deemed to have been withdrawn.Where, after the person requesting reexamination has made its observations and amendments, thePatent Reexamination Board still finds that the request does not comply with the provisions of thePatent Law and these Rules, it shall make a decision of reexamination to maintain the earlier decisionrejecting the application for patent.
Where, after reexamination, the Patent Reexamination Board finds that the decision rejecting the
application for patent does not comply with the provisions of the Patent Law and these Rules, or thatthe amended application has removed the defects as pointed out by the decision rejecting theapplication, it shall make a decision to revoke the decision rejecting the application for patent, and askthe original examination department to continue the examination procedure.IP/N/1/CHN/I/3
Page 20
     Article 63  At any time before the Patent Reexamination Board makes its decision on the request
for reexamination, the person making the request  may withdraw his request for reexamination.
    Where the person making the request withdraws his request for reexamination before the PatentReexamination Board makes its decision, the procedure of reexamination is terminated.
    Article 64 Anyone requesting invalidation or part invalidation of a patent right in accordance with
the provisions of Article  45 of the Patent Law shall submit a request and necessary evidence in two
copies. The request for invalidation shall state in detail the grounds for filing the request forinvalidation, making reference to all the evidence as submitted, and indicate the piece of evidence onwhich each ground is based.    The grounds on which the request for invalidation is based, referred to in the preceding paragraph,mean that the invention-creation for which the patent right is granted does not comply with theprovisions of Article 22 or 23, or of Article 26, paragraph three or four, or of Article 33 of the PatentLaw, or of Article 2, or of Article l3, paragraph one, or of Article 20, paragraph one, or of Article 21,
paragraph two of these Rules; or it falls under the provisions of Article 5 or 25 of the Patent Law; or
the person is not entitled to be granted the patent right in accordance with the provisions of Article 9of the Patent Law.    Article 65 Where the request for invalidation does not comply with the provisions of Article 64 of
these Rules, the Patent Reexamination Board shall not accept it.    Where, after a decision on any request for invalidation of the patent right is made, invalidationbased on the same  facts and evidence  is requested once again, the Patent Reexamination Board shall
not accept it.
    Where a request for invalidation of a patent for design is based on the ground that the patent for
design is in conflict with a prior right of another person, if, however, no decision of settlement or nojudgment of any court which has entered into force to prove such conflict of rights has beensubmitted, the Patent Reexamination Board shall not accept it.    Where the request for invalidation of the patent  right does not comply with the prescribed form, the
person making the request shall rectify it within the time limit specified by the Patent ReexaminationBoard. If the rectification fails to be made within the time limit, the request for invalidation shall bedeemed not to have been filed.    Article 66  After the Patent Reexamination Board has accepted a request for invalidation, the person
making the request may add reasons or supplement proofs within one month from the date when the
request for invalidation is filed. The Patent Reexamination Board may not take into account anyadditional reasons or supplementary proofs that are submitted after the specified time limit.IP/N/1/CHN/I/3
Page 21
    Article 67 The Patent Reexamination Board shall send a copy of the request for invalidation of the
patent right and copies of the relevant documents to the patentee and refuse it or him to present its orhis observations within a specified time limit.    The patentee and the person making the request for invalidation shall, within the specified time
limit, make responses to the notification concerning transmitted documents or the notification
concerning the examination of the request for invalidation sent by the Patent Reexamination Board.Where no response is made within the specified time limit, the examination of the PatentReexamination Board will not be affected.    Article 68 In the course of the examination of the request for invalidation, the patentee for patent
for invention or utility model may amend its or his claims, but may not broaden the scope of patentprotection.    The patentee for patent for invention or utility model may not amend its or his description ordrawings. The patentee for patent for design may not  amend its or his drawings, photographs or the
brief explanation of the design.
    Article 69 The Patent Reexamination Board may, at the request of the parties concerned or in
accordance with the need of the case, decide to conduct oral proceedings in respect of a request forinvalidation.    Where the Patent Reexamination Board decides to conduct oral proceedings in respect of a requestfor invalidation, it shall send notification of oral proceedings to the parties concerned, indicating thedate and place of the oral proceedings to be held. The parties concerned shall make response to thenotification within the specified time limit.
    Where the person requesting invalidation fails to make response to the notification of oral
proceedings sent by the Patent Reexamination Board within the specified time limit, and fails to takepart in the oral proceedings, the request for inva lidation shall be deemed to have been withdrawn.
Where the patentee fails to take part in the oral proceedings, the Patent Reexamination Board mayproceed to examine by default.    Article 70  In the course of the examination in respec t of a request for invalidation, the time limit
specified by the Patent Reexamination Board shall not be extended.    Article 71 The person requesting invalidation may withdraw his request before the Patent
Reexamination Board makes a decision on it.
    Where the person requesting invalidation withdraws his request before the Patent Reexamination
Board makes a decision on it, the examination of the request for invalidation is terminated.
Chapter V Compulsory License for Exploitation of PatentIP/N/1/CHN/I/3
Page 22
    Article 72  After the expiration of three years from the date of the grant of the patent right, any
entity may, in accordance with the provisions of Article 48 of the Patent Law, request the patentadministration department under the State Council to grant a compulsory license.    Any entity requesting a compulsory license shall submit to the patent administration department
under the State Council a request for compulsory license, state the reasons therefor, and attach
relevant certifying documents each in two copies.    The patent administration department under the State Council shall send a copy of the request forcompulsory license to the patentee, who shall make his or its observations within the time limitspecified by the patent administration department under the State Council. Where no response is madewithin the time limit,  the patent administration department under the State Council will not be
affected in making a decision concerning a compulsory license.    The decision of the patent administration department under the State Council granting acompulsory license for exploitation shall limit the exploitation of the compulsory license to be
predominately for the supply of the domestic market. Where the invention-creation involved in the
compulsory license relates to the semi-conductor technology, the exploitation of the compulsory
license shall be limited only for public non-commercial use or to remedy a practice  determined after
judicial or administrative process to be anti-competitive.    Article 73  Where any entity or individual requests, in accordance with the provisions of Article 54
of the Patent Law, the patent administration department under the State Council to adjudicate the feesfor exploitation, it or he shall submit a request for adjudication and furnish documents showing thatthe parties concerned have not been able to conclu de an agreement in respect of the amount of the
exploitation fee. The patent administration department under the State Council  shall make an
adjudication within three months from the date of receipt of the request and notify the partiesconcerned accordingly.
Chapter VI Reward and Remuneration of Inventors or Creators of Service Inventions-
Creations
    Article 74 The State-owned enterprise or institution to which a patent right is granted shall, within
three months from the date of the announcement of the grant of the patent right, offer a reward to the
inventor or creator of a service invention-creation. The reward for a patent for invention shall not be
less than 2000 yuan; the reward for a patent for utility model or design shall not be less than 500 yuan.    Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted bythe entity to which he belongs, the State-owned enterprise or institution to which a patent right isgranted shall offer a reward to him on favorable terms.IP/N/1/CHN/I/3
Page 23
    For the reward to the inventor or creator, the enterprise may have it included into its production
cost, and the institution may have it disbursed out of its operating expenses.    Article 75 The State-owned enterprise or institution to which a patent right is granted shall, after
exploiting the patent for invention-creation within the duration of the patent right, draw each year
from the profits after taxation earned from exploitation of the invention or utility model a percentage
of not less than  2%, or from the profits after taxation earned from exploitation of the design a
percentage of  not less than 0.2%, and award it to the inventor or creator as remuneration. The entity
may, as an alternative, by making reference to the said percentage, award a lump sum of money to theinventor or creator as remuneration once and for all.    Article 76 Where any State-owned enterprise or institution to which a patent right is granted
authorizes any other entity or individual to exploit its patent, it shall draw from the fees it receives forexploitation of the said patent after taxation a percentage of not less than 10% and award it to theinventor or creator as remuneration.
    Article 77 The provisions of this Chapter may be implemented by any other Chinese entity by
making reference thereto.
Chapter VII Protection of Patent Right
    Article 78  The administrative authority for patent affairs referred to in the Patent Law and these
Rules means the department responsible for the administrative work concerning patent affairs set upby the people's government of any province, autonomous region, or municipality directly under the
Central Government or by the people's government of any city divided into districts which has a large
amount of patent administration work to attend to and has the ability to deal with the matter.    Article 79  In addition to the provisions of Article 57 of the Patent Law, the administrative authority
for patent affairs may also mediate in the following patent disputes at the request of the partiesconcerned:    (1) any dispute over the ownership of the right to apply for patent and the patent right;    (2) any dispute over the qualification of the inventor or creator;    (3) any dispute over the reward and remuneration of the inventor or creator of a service invention-
creation;
    (4) any dispute over the appropriate fee to be  paid for the exploitation of an invention after the
publication of the application for patent but before the grant of patent right.    In respect of the dispute referred to in subparagraph (4), where the patentee requests theadministrative authority for patent affairs to mediate,  the request shall be made after the grant of the
patent right.IP/N/1/CHN/I/3
Page 24
    Article 80 The patent administration department under the State Council shall provide professional
guidance to the administrative authorities for patent affairs in handling and mediating patent disputes.    Article 81 Where any party concerned requests for handli ng or mediation of a patent dispute, it
shall fall under the jurisdiction of the administrative authority for patent affairs of the place where the
requested party has his location or  where the act of infringement takes place.
    Where two or more administrative authorities for patent affairs all have jurisdiction over a patentdispute, the party concerned may file his or its request with one of them. Where requests are filed withtwo or more administrative authorities for patent affairs, the administrative authority for patent affairsthat first accepts the request shall have jurisdiction.    Where administrative authorities for patent affairs have a dispute over their jurisdiction, the
administrative authority for patent affairs of their common higher level people’s government shalldesignate the administrative authority for patent affairs to exercise the jurisdiction; if there is no suchadministrative authority for patent affairs of their common higher level people’s government, the
patent administration department under the State Council shall designate the administrative authority
for patent affairs to exercise the jurisdiction.    Article 82 Where, in the course of handling a patent infringement dispute, the defendant requests
invalidation of the patent right and his request is accepted by the Patent Reexamination Board, he mayrequest the administrative authority for patent affairs to suspend from handling the matter.    If the administrative authority for patent affairs considers that the reasons set forth by the defendantfor the suspension are obviously untenable, it may not suspend from handling the matter.     Article 83 Where any patentee affixes a patent marking on the patented product or on the package
of that product in accordance with the provisions of Article 15 of the Patent Law, he or it shall make
the affixation in the manner as prescribed by the patent administration department under the StateCouncil.     Article 84 Any of the following acts is an act of passing off the patent of another person as one’s
own:
    (1) without authorization, indicating the patent number of another person on the product
made or sold by oneself or on the package of the said product;
    (2) without authorization, using the patent number of another person in the advertisement or
in any other promotional materials, so as to mislead other persons to regard the technology concerned
as the patented technology of another person;
    (3) without authorization, using the patent number of another person in the contract, so as to
mislead other persons to regard the technology referred to in the contract as the patented technologyof another person;IP/N/1/CHN/I/3
Page 25
    (4) counterfeiting or transforming any patent certificate, patent document or patent
application document of another person.    Article 85 Any of the following acts is an act of passing a non-patented product off as patented
product or passing a non-patented process off as patented process:
    (1) making or selling non-patented products which are affixed with patent marking;
    (2) continuing to affix patent marking on the pr oducts that are made or sold after the patent right
concerned has been declared invalid;    (3) addressing any non-patented technology as patented technology in the advertisements or in anyother promotional materials;    (4) stating any non-patented technology as patented technology in any contract;    (5) counterfeiting or transforming any patent certificate, patent document or patent applicationdocument.    Article 86 Any party concerned to a dispute over the ownership of the right to apply for a patent or
the patent right which is pending before the administrative authority for patent affairs or the people’s
court, may request the patent administration department under the State Council to suspend therelevant procedures.    The party requesting the suspension of the relevant procedures in accordance with the precedingparagraph, shall submit a written request to the patent administration department under the StateCouncil, and attach a copy of the document acknowle dging the receipt of the relevant request by the
administrative authority for patent affairs or the people’s court.    After the decision made by the administrative authority for patent affairs or the judgment rendered
by the people’s court has entered into force, the parties concerned shall request the patent
administration department under the State Council to resume the suspended procedure. If, within oneyear from the date when the request for suspension is filed, no decision is made on the dispute relatingto the ownership of the right to apply for a patent or the patent right, and it is necessary to continuethe suspension, the party making the request shall, w ithin the said time limit, request to extend the
suspension. If, at the expiration of the said time limit, no such request for extension is filed, the patentadministration department under the State Council shall resume the  procedure on its own initiative.
     Article 87 Where, in hearing civil cases, the people's court has ordered the adoption of measures
for a patent right preservation, the patent administration department under the State Council, for the
purpose of assisting the execution of the order, shall suspend the relevant procedure concerning the
preserved patent right. At the expiration of the time limit for preservation, if there is no order of thepeople’s court to continue the preservation, the patent administration department under the StateCouncil shall resume the relevant procedure on its own initiative.IP/N/1/CHN/I/3
Page 26
Chapter VIII Patent Registration and Patent Gazette
    Article 88  The patent administration department under the State Council shall keep a Patent
Register in which the registration of the following matters relating to patent application or patent right
shall be made:
    (1) any grant of the patent right;    (2) any transfer of the patent application right or the patent right;    (3) any pledge and preservation of the patent right and their discharge;    (4) any patent license contract for exploitation submitted for the record;    (5) any invalidation of the patent right;    (6) any cessation of the patent right;    (7) any restoration of the patent right;    (8) any compulsory license for exploitation of the patent;
    (9) any change in the name, nationality and address of the patentee.
    Article 89  The patent administration department under the State Council shall publish the Patent
Gazette at regular intervals, publicizing or announcing the following:    (1) the bibliographic data contained in patent applications;    (2) the abstract of the description of an invention or utility model, the drawings or photographs of adesign and its brief explanation;    (3) any request for examination as to substance of an application for a patent for invention and anydecision made by the patent administration department under the State Council to proceed on its own
initiative to examine as to substance an application for a patent for invention;
    (4) any declassification of secret patents;    (5) any rejection, withdrawal and deemed withdr awal of an application for a patent for invention
after its publication;    (6) any grant of the patent right;    (7) any invalidation of the patent right;    (8) any cessation of the patent right;    (9) any transfer of the patent application right or the patent right;    (10) any patent license contract for exploitation submitted for the record;
    (11) any pledge and preservation of the patent right and their discharge;
    (12) any grant of compulsory license for exploitation of the patent;    (13) any restoration of a patent application or patent right;    (14) any change in the name or address of the patentee;    (15) any notification to a party whose address is not known;IP/N/1/CHN/I/3
Page 27
    (16) any correction made by the patent administration department under the State Council; and
    (17) any other related matters.    The description and its drawings, and the claims of an application for a patent for invention orutility model shall be separately published in full text by the patent administration department under
the State Council.
Chapter IX Fees
    Article 90  When any person files an application for a patent with, or goes through other formalities
at, the patent administration department under the State Council, he or it shall pay the following fees:    (1) filing fee, additional fee for patent application, and printing fee for publicizing the application;    (2) substantive examination fee for an application for patent for invention, and reexamination fee;    (3) registration fee for the grant of patent ri ght, printing fee for the announcement of grant of patent
right , maintenance fee for application, and annual fee;
    (4) fee for a change in the bibliographic data, fee for claiming priority, fee for requestingrestoration of rights, fee for requesting extension of a time limit, and fee for establishing a searchreport on a utility model patent;    (5) fee for requesting invalidation, fee for requesting suspension of the patent procedure, fee forrequesting a compulsory license, fee for requesting adjudication on exploitation fee of a compulsorylicense.    The amount of the fees referred to in the preceding paragraph shall be prescribed by the price
administration department under the State Council in conjunction with the patent administration
department under the State Council.    Article 91  The fees provided for in the Patent Law and in these Rules may be paid directly to the
patent administration department under the State Council or paid by way of bank or postal remittance,or by way of any other means as prescribed by the patent administration department under the StateCouncil.    Where any fee is paid by way of bank or postal remittance, the applicant or the patentee shallindicate on the money order at least the correct filing number or the patent number and the name ofthe fee paid. If the requirements as prescribed in this paragraph are not complied with, the payment of
the fee shall be deemed not to have been made.
    Where any fee is paid directly to the patent administration department under the State Council, thedate on which the fee is paid shall be the date of payment ; where any fee is paid by way of postal
remittance, the date of remittance indicated by the postmark shall be the date of payment; where anyfee is paid by way of bank transfer, the date on which the transfer of the fee is done shall be the dateIP/N/1/CHN/I/3
Page 28
of payment. Where the time between such a date and the date of receipt of the order by the patent
administration department under the State Council lasts more than fifteen days, unless the date ofremittance or transfer is proved by the bank or the post office, the date of receipt by the patentadministration department under the State Council shall be the date of payment.
    Where any patent fee is paid in excess of the amount as prescribed, paid repeatedly or wrongly, the
party concerned may, within one year from the date of payment, request a refund from the patentadministration department under the State Council.    Article 92 The applicant shall, after receipt of the notification of acceptance of the application from
the patent administration department under the State Council, pay the filing fee, the printing fee forpublicizing the application and the necessary additional fees at the latest within two months from the
filing date. If the fees are not paid or not paid in full within the time limit, the application shall be
deemed to be withdrawn.
Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same
time with the payment of the filing fee. If the fee is not paid or not paid in full within the time limit,
the claim for the priority shall be deemed not to have been made.     Article 93  Where the party concerned makes a request for an examination as to substance, a
restoration of right or a reexamination, the relevant fee shall be paid within the time limit asprescribed respectively for such requests by the Patent Law. If the fee is not paid or not paid in fullwithin the time limit, the request is deemed not to have been made.     Article 94  Where the applicant for a patent for invention has not been granted a patent right within
two years from the date of filing, it or he shall pay a fee for the maintenance of the application from
the third year.
     Article 95  When the applicant goes through the formalities of registration of the grant of patent
right, it or he shall pay a registration fee for th e grant of patent right, printing fee for the
announcement of grant of patent right and the annual fee of the year in which the patent right isgranted. The applicant for a patent for invention sh all, in the lump, pay the application maintenance
fee for all the years, not including the year in which the patent right is granted. If such fees are notpaid within the prescribed time limit, the registration of the grant of patent right shall be deemed notto have been made. The subsequent annual fees shall be paid in advance within the month before theexpiration of the preceding year.
     Article 96  Where the annual fee of the patent right after the year in which the patent is granted is
not paid in due time by the patentee, or the fee is not paid in full, the patent administration departmentunder the State Council shall notify the patentee to pay the fee or to make up the insufficiency withinsix months from the expiration of the time limit within which the annual fee is due to be paid, and atthe same time pay a surcharge. The amount of the surcharge shall be, for each month of late payment,IP/N/1/CHN/I/3
Page 29
5% of the whole amount of the annual fee of the year  within which the annual fee is due to be paid.
Where the fee and the surcharge are not paid within the time limit, the patent right shall lapse from theexpiration of the time limit within which the annual fee should be paid.    Article 97  The fee for a change in the bibliographic data, fee for establishing a search report on a
utility model patent, fee for requesting suspension of the patent procedure, fee for requesting a
compulsory license, fee for requesting adjudication on exploitation fee of a compulsory license andfee for requesting invalidation shall be paid as prescribed within one month from the date on whichsuch request is filed. The fee for requesting exte nsion of a time limit shall be paid before the
expiration of the said time limit. If the fee is not pa id or not paid in full within the time limit, the
request shall be deemed not to have been made.    Article 98  Where any applicant or patentee has difficulties in paying the various fees prescribed in
these Rules, he may, in accordance with the prescriptions, submit a request to the patentadministration department under the State Council,  for a reduction or postponement of the payment.
Measures for the reduction and postponement of the payment shall be prescribed by the patent
administration department under the State Council in consultation with the finance administration
department and the price administration department under the State Council.
Chapter X Special Provisions Concerning International Application
    Article 99  The patent administration department under the State Council receives international
patent applications filed under the Patent Cooperation Treaty in accordance with the provisions of
Article 20 of the Patent Law.
    Where any international application filed under the Patent Cooperation Treaty designating Chinaenters the Chinese national phase (hereinafter referred to as the international application), therequirements and procedures prescribed in this Chapter shall apply. Where no provisions are made inthis Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shallapply.    Article 100  Any international application which has been accorded an international filling date and
which has designated China shall, in accordance with the Patent Cooperation Treaty, be deemed as anapplication for patent filed with the patent administration department under the State Council, and the
said filing date shall be deemed as the filing date referred to in Article 28 of the Patent Law.
    Where, in the international phase, an international application or its designation of China iswithdrawn or deemed to be withdrawn, the effect of  the said international application in China shall
cease.IP/N/1/CHN/I/3
Page 30
    Article 101  Any applicant for an international application entering the Chinese national phase
shall, within 30 months from the priority date as referred to in Article 2 of the Patent CooperationTreaty (referred to in this chapter as "the priority  date"), go through the following formalities at the
patent administration department under the State Council:
    (1) submitting a written statement concerning the entry of his or its international application into
the Chinese national phase. The statement shall indicate the international application number, and alsoindicate in Chinese the kind of patent protection sought, the title of the invention-creation, the nameor title of the applicant, the address of the applicant and the name of the inventor. Such indicationsshall be the same as those recorded by the International Bureau;    (2) paying the filing fee, the additional fee for patent application and the printing fee for publicizingthe application as provided in Article 90, paragraph one of these Rules;    (3) where an international application is filed in a language other than Chinese, the Chinese
translation of the description, the claims, the text matter of the drawings, and the abstract of the initial
international application shall be furnished; where an  international application is filed in Chinese, a
copy of the abstract published in the international publication shall be furnished;    (4) where an international application contains drawings, a copy of the drawings shall be furnished.Where an international application is filed in Chinese, a copy of the figure of the drawings in theabstract as published in the international publication shall be furnished.    If the applicant fails to go through the relevant formalities for entering the Chinese national phasewithin the time limit prescribed in the preceding paragraph, he or it may, after paying a surcharge for
the late entry, go through these formalities before the expiration of the time limit of 32 months from
the priority date.
    Article 102 Where the applicant fails to go through the formalities for entering the Chinese national
phase, within the time limit prescribed in Article 101, paragraph two of these Rules or any of thefollowing circumstance occurs at the expiration of the said time limit, the effect of his or itsinternational application shall cease in China:    (1) where the international application number is not indicated in the statement concerning entry
into the Chinese national phase;    (2) where the filing fee, the printing fee for publicizing the application prescribed in Article 90,paragraph one of these Rules, or the surcharge for the late entry as prescribed in Article 101,
paragraph two of these Rules is not paid;
    (3) where the international application is filed in a language other than Chinese, the Chinesetranslation of the description and the claims of the initial international application are not furnished.    Where the effect of an international application has ceased in China, the provisions of Article 7,paragraph two of these Rules shall not apply.IP/N/1/CHN/I/3
Page 31
    Article 103 Where any of the following circumstance occurs at the time when the applicant goes
through the formalities for entering the Chinese national phase, the patent administration departmentunder the State Council shall notify the applicant to  make corrections within the specified time limit:
    (1) where the Chinese translation of the abstract or a copy of the abstract is not furnished;
    (2) where a copy of the drawings or a copy of a figure of the drawings in the abstract is not
furnished;    (3) where the title of the invention-creation, the name or title of the applicant, the address of theapplicant and the name of the inventor are not indicated in Chinese in the statement concerning entryinto the Chinese national phase;    (4) where the content or the form of the statemen t concerning entry into the Chinese national phase
is not in conformity with the provisions.    If, at the expiration of the time limit, the applicant fails to make up the corrections, his or itsapplication shall be deemed to be withdrawn.
    Article 104  Where an international application is amended in the international phase and the
applicant requests that the examination be based on the amended application, the Chinese translationof the amendments shall be furnished by the applicant before completion of the technical preparationsfor national publication of the application by the patent administration department under the StateCouncil. Where the Chinese translation is not furn ished within the time limit, the amendments made
in the international phase shall not be taken into consideration by the patent administration departmentunder the State Council.    Article 105  When the applicant goes through the formalities for entering the Chinese national
phase, he or it shall also fulfill the following requirements:
    (1) where the inventor is not indicated in the in ternational application, the name of the inventor
shall be indicated in the statement concerning entry into the Chinese national phase;    (2) where any change in the applicant is made before the International Bureau in the internationalphase, the document certifying the right of the new applicant to the international application shall befurnished;    (3) where the applicant is not the same person as the applicant having filed the earlier applicationwhich is the basis of the priority claimed, or where the applicant has changed his or its name afterfiling the earlier application, the document certifying the right of the applicant to claim priority shall
be furnished when necessary;
    (4) Where any invention-creation to which the international application relates has one of the
events referred to in Article 24, subparagraph (1) or (2) of the Patent Law and where statements havebeen made in this respect when the international ap plication was filed, the applicant shall indicate it in
the statement concerning entry into the Chinese national phase, and furnish the relevant certificatesIP/N/1/CHN/I/3
Page 32
prescribed in Article 31, paragraph two of these Ru les within two months from the date of going
through the formalities for entering the Chinese national phase.    Where the applicant fails to satisfy the requirements  provided for in subparagraph (1), (2) or (3) of
the preceding paragraph, the patent administration department under the State Council shall notify the
applicant to make corrections within the specif ied time limit. Where, within the time limit, no
correction is made in respect of the requirement provided for in subparagraph (1) or (2), the
application shall be deemed to be withdrawn;  Where, within the time limit, no correction is made in
respect of the requirement provided for in subparagraph (3), the claim for priority shall be deemed notto have been made.    Where the applicant fails to fulfill the require ment provided for in subparagraph (4) of paragraph
one of this Article, the provisions of Article 24 of the  Patent Law shall not apply to his or its
international application.    Article 106 Where the applicant has made indications concerning deposited biological materials in
accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in
Article 25, subparagraph (3) of these Rules shall be deemed to have been fulfilled. In the statementconcerning entry into the Chinese national phase, th e applicant shall indicate the documents recording
the particulars of the deposit of the biological materials, and the exact location of the record in thedocuments.    Where particulars concerning the deposit of biological materials are contained in the description of
the international application as initially filed, but  there is no such indication in the statement
concerning the entry into the Chinese national phase, the applicant shall make correction within four
months from the date of going through the formalitie s for entering the Chinese national phase. If the
correction is not made at the expiration of the time limit, the biological materials shall be deemed notto have been deposited.    Where the applicant submits the certificates of the deposit and the viability of the biological
materials to the patent administration department under the State Council within four months from thedate of going through the formalities for entering the Chinese national phase, the deposit of biologicalmaterials shall be deemed to have been made wi thin the time limit as provided for in Article 25,
subparagraph (1) of these Rules.    Article 107  Where the applicant claims one or multiple priorities in the international phase and
such claims remain valid at the time when the application enters the Chinese national phase, the
applicant shall be deemed to have submitted the written declaration in accordance with the provisionsof Article 30 of the Patent Law.    Where there are clerical mistakes or the application number of the earlier application is missing in
the written declaration claiming the priority made in the international phase, the applicant may requestIP/N/1/CHN/I/3
Page 33
to make corrections or to fill in the missing application number of the earlier application at the time of
going through the formalities for entering the Chinese national phase. Where a request for makingcorrections is made, the applicant shall pay th e fee for correcting the claim for priority.
    Where the applicant has submitted a copy of the ea rlier application in the international phase in
accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted form
submitting a copy of the earlier application to the patent administration department under the StateCouncil at the time of going through the formalities for entering the Chinese national phase. Wherethe applicant has not submitted a copy of the earlier application in the international phase, and if thepatent administration department under the State Council deems it necessary, it may notify theapplicant to submit a copy of the earlier application within the specified time limit. If no copy issubmitted at the expiration of the time limit, his or its claim for the priority shall be deemed not tohave been made.
Where the claim for the priority is deemed not to  have been made in the international phase and
the information is already published by the Internatio nal Bureau, the applicant may, if he has justified
reasons, request the patent administration department under the State Council to restore his or itsclaim for the priority at the time of going through the formalities for entering the Chinese nationalphase.    Article 108  Where, before the expiration of 30 months from the priority date, the applicant files a
request with the patent administration department under the State Council for early processing andexamination of his or its international application, he or it shall, in addition to going through the
formalities for entering the Chinese national phase, submit a request in accordance with the provisions
in Article 23, paragraph two of the Patent Cooperation Treaty. Where the international application has
not been transmitted by the International Bureau to the patent administration department under theState Council, the applicant shall submit a confirmed copy of the international application.    Article 109  With regard to an international application for a patent for utility model, the applicant
may file a request with the patent administration department under the State Council to amend thedescription, the drawings and the claims within one month from the date of going through theformalities for entering the Chinese national phase.    With regard to an international application for a patent for invention, the provisions of Article 51,
paragraph one of these Rules shall apply.
    Article 110  Where the applicant finds that there are mistakes in the Chinese translation of the
description, the claims or the words of the drawings submitted, he or it may correct the translation inaccordance with the initial international applicat ion as filed within the following time limits:
    (1) before the completion of technical preparations of the patent administration department under
the State Council for national publication;IP/N/1/CHN/I/3
Page 34
    (2) within three months from the date of receipt of the notification sent by the patent administration
department under the State Council notifying that th e application for a patent for invention has entered
into the substantive examination phase.    Where the applicant intends to correct the mistakes in the translation, he shall file a written request,
furnish a replace sheet of the translation and pay the prescribed fee for correction of the translation.
    Where the applicant makes correction of the transl ation in accordance with the notification of the
patent administration department under the State Council, he or it shall, within the specified timelimit, go through the formalities prescribed in paragraph two of this Article. If the prescribedformalities are not gone through at the expiration of the time limit, the international application shallbe deemed to be withdrawn.    Article 111  With regard to any international application for a patent for invention, if the patent
administration department under the State Council, after preliminary examination, considers it is in
compliance with the provisions of the Patent Law and these Rules, it shall publish it in the Patent
Gazette; where the international application is filed in a language other than Chinese, the Chinese
translation of the international application shall be published.    Where the international publication of an internati onal application for a patent for invention by the
International Bureau is in Chinese, the provisions of Article 13 of the Patent Law shall apply from thedate of the international publication. If the international publication by the International Bureau is in alanguage other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the dateof the publication of the Chinese translation by th e patent administration department under the State
Council.
    With regard to an international application, the publication referred to in Articles 21 and 22 of the
Patent Law means the publication referred to in paragraph one of this Article.    Article 112  Where two or more inventions or utility models are contained in an international
application, the applicant may, after going through the formalities for entering the Chinese nationalphase, submit a divisional application in accordance with the provisions in Article 42, paragraph oneof these Rules.    Where, in the international phase, some parts of the international application are not the subject of
international search or international preliminar y examination because the International Searching
Authority or the International Preliminary Examination Authority considers that the international
application does not comply with the requirement of unity of invention prescribed in the Patent
Cooperation Treaty, or because the applicant fails to  pay the additional fee, and at the time of going
through the formalities for entering the Chinese national phase, the applicant requests that the saidparts be the basis of examination, the patent administration department under the State Council,finding that the decision concerning unity of invention made by the International Searching AuthorityIP/N/1/CHN/I/3
Page 35
or the International Preliminary Examination Author ity is justified, shall notify the applicant to pay
the restoration fee for unity of invention within th e specified time limit. Where the fee is not paid or
not paid in full at the expiration of the prescr ibed time limit, those parts of the international
application which have not been searched or have not been the subject of international preliminary
examination shall be deemed to be withdrawn.
    Article 113 Where the applicant furnishes the documents and pays the fees in accordance with the
provisions of Article 101 of these Rules, the date on which the patent administration department underthe State Council receives the documents shall be the date of submitting, and the date on which itreceives the fees shall be the date of payment.    Where there is delay in the mailing of the documents and the applicant proves, within one monthfrom the date on which he finds the delay, that the doc uments have been mailed five days prior to the
expiration of the time limit prescribed in Article 101 of these Rules, the documents shall be deemed tohave been received on the date on which the time limit expires. However, the time period for the
applicant to furnish evidence may not be later than six months after the expiration of the time limit
prescribed in Article 101 of these Rules.    Where documents are to be submitted to the patent administration department under the StateCouncil in accordance with the provisions of Arti cle 101 of these Rules, the applicant may send them
by fax. Where the applicant submits the documents by fax, the date on which the patentadministration department under the State Council receives the fax shall be the date of submitting.The applicant shall submit to the patent administration department under the State Council theoriginal copy within 14 days from the date of the transmission by fax. Where the original copy is not
submitted within the time limit, the documents shall be deemed not to have been submitted.
    Article 114 Where an international application claims the priority, the applicant shall, at the time of
going through the formalities for entering the Ch inese national phase, pay the fee for claiming the
priority; if the fee is not paid or not paid in full, the patent administration department under the StateCouncil shall notify the applicant to pay it within th e specified time limit; if the fee is still not paid or
not paid in full at the expiration of the time limit,  the claim for priority shall be deemed not to have
been made.    Article 115 Where an international application in the international phase has been refused to be
accorded an international filling date or has been declared to be deemed withdrawn by an international
authority concerned, the applicant may, within two months from the date on which he or it receives
the notification, request the International Bureau to send the copy of any document in the file of theinternational application to the patent administrati on department under the State Council, and shall go
through the formalities prescribed in Article 101 of these Rules within the said time limit at the patentadministration department under the State Council.  After receiving the documents sent by theIP/N/1/CHN/I/3
Page 36
International Bureau, the patent administration de partment under the State Council shall review the
decision made by the international authority concerned to find whether it is correct.    Article 116  With regard to a patent right granted on the basis of an international application, if the
scope of protection determined in accordance with the provisions of Article 56 of the Patent Law
exceeds the scope of the international application in its original language because of incorrect
translation, the scope of protection granted on the international application shall be limited accordingto the original language of the application; if the scope of protection granted on the internationalapplication is narrower than the scope of the application in its original language,  the scope ofprotection shall be determined according to the patent in the language when it is granted.
Chapter X Supplementary Provisions
    Article 117  Any person may, after approval by the patent administration department under the
State Council, consult or copy the files of the publicized or announced patent applications and the
Patent Register, and may request  the patent administration department under the State Council to issue
a copy of extracts from the Patent Register.    The files of the patent applications which have been withdrawn or deemed to be withdrawn orwhich have been rejected, shall not be preserved after expiration of two years from the date on whichthe applications cease to be valid.    Where the patent right has been abandoned, wholly invalidated or ceased, the files shall not bepreserved after expiration of three years from the date on which the patent right ceases to be valid.
    Article 118 Any patent application which is filed with, or any formality which is gone through at,
the patent administration department under the State Council, shall be in the prescribed form of the
patent administration department under the State Council, and signed or sealed by the applicant, thepatentee, any other interested person or his or its representative. Where any patent agency isappointed, it shall be sealed by such agency.    Where a change in the name of the inventor, or in the name, nationality and address of the applicantor the patentee, or in the name or address of the patent agency or the name of patent agent isrequested, a request for a change in the bibliographic data shall be made to the patent administrationdepartment under the State Council, together with the relevant certifying documents.
    Article 119 The document relating to a patent application or patent right which is mailed to the
patent administration department under the State Council shall be mailed by registered letter, not byparcel.    Except for any patent application filed for the first time, any document which is submitted to andany formality which is gone through at the patent administration department under the State Council,IP/N/1/CHN/I/3
Page 37
the filing number or the patent number, the title of the invention-creation and the name of the
applicant or the patentee shall be indicated.    Only documents relating to the same application shall be included in one letter.    Article 120 Various kinds of application documents shall be typed or printed. All the characters
shall be in black ink, neat and clear. They shal l be free from any alterations. The drawings shall be
made in black ink with the aid of drafting instruments. The lines shall be uniformly thick and welldefined, and free from alterations.    The request, description, claims, drawings and abstract shall be numbered separately in Arabicnumerals and arranged in numerical order.    The written language of the application shall run from left to right. Only one side of each sheetshall be used.    Article 121 The patent administration department under the State Council shall formulate
Guidelines for Examination  in accordance with the Patent Law and these Rules.
    Article 122 These Rules shall be effective as of July 1, 2001. The Rules for the Implementation of
the Patent Law of the People’s Republic of Chin a approved by the State Council on December 12,
1992 and promulgated by the Patent Office of the People’s Republic of China on December 21, 1992shall be repealed simultaneously.
__________