WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/CHN/P/3 
26 August 2011 
 (11-4225) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
CHINA  
  The present document reproduces the text
1 of the Revised Rules for the Implementation of the 
Patent Law, as notified by China under Article 63.2 of the Agreement (see document IP/N/1/CHN/4). 
 
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 texte
1 des Règles révisées pour la mise en œuvre de la Loi 
sur les brevets, qui ont été notifiées par la Chine au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/CHN/4). 
 
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 texto
1 del Reglamento de Aplicación de la Ley de 
Patentes revisado, que China ha notif icado en virtud de lo dispuesto en  el párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/CHN/4). 
 
                                                      
 1 In English only.  The text in the original language will be available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement.   Les délégations intéressées pourront consulter le 
texte, dans sa langue d'origine, au Secrétariat de l' OMC./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original.    
    IP/N/1/CHN/P/3 
 Page 3 
 
 
   
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, revised for the first time in a ccordance with the Decision of the State Council on 
Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on 
December 28, 2002, and revised for the second time  in accordance with the Decision of the State 
Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of 
China on January 9, 2010)  
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   Any formalities prescribed by the Patent Law and these  Rules shall be performed in 
written form or in any other form prescribed by the patent administration department of the State 
Council.   Article 3   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 ge nerally 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  or certifying document submitted in accordance with the provisions of 
the Patent Law and these Rules is in a foreign lan guage, the patent administration department of the 
State Council may, when it deems necessary, re quire a Chinese translation of the certificate  or the 
certifying document to be submitted within a sp ecified time limit; where the translation is not 
submitted within the specified time limit, the certificate  or certifying document shall be deemed not to 
have been submitted.   Article 4   Where any document is sent by mail to the patent administration department of the 
State Council, the date of mailing indicated by the po stmark 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  of the State Council receives the document shall 
be the date of filing, except where the date of mailing is proved by the party concerned. 
 
 Any document of the patent administration depa rtment of the State Council may be served by 
mail, by personal delivery or by other forms. Wher e any party concerned appoints a patent agency, the 
document shall be sent to the patent agency; where no patent agency is appointed, the document shall 
be sent to the liaison person named  in the request. 
  Where any document is sent by mail by the patent administration department of the State 
Council, the 16
th day from the date of mailing shall be presumed to be the date on which the party 
concerned receives the document.   Where any document is delivered persona lly in accordance with the provisions of  the patent 
administration department of the State Council, the date of delivery is the date on which the party 
concerned receives the document. 
 IP/N/1/CHN/P/3 
Page 4  
 
   Where the address of any document is not clear and it cannot be sent by mail, the document 
may be served by making an announcement. At th e expiration of one month from the date of the 
announcement, the document shall be deemed to have been served.   Article 5   The first day of any time limit prescribed  in the Patent Law and these Rules shall 
not be counted in the time limit. Wh ere the time limit is counted by y ear 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 limit shall expire on the last day of that month; if a time limit expires on an official holiday, it shall 
expire on the first working day following that official holiday.  
 Article 6   Where a time limit prescribed in the Pa tent Law or these Rules or specified by  the 
patent administration department of the State Counc il is not observed by a party concerned because of 
force majeure , resulting in loss of his or its rights, he or it may, within two months from the date on 
which the impediment is re moved, at the latest within two years immediately following the date of the 
expiration of that time limit, request the patent administration department of the State Council to 
restore his or its rights. 
  Except for circumstances prescribed in the preceding paragraph,  where a time limit prescribed 
in the Patent Law or these Rules  or specified by the patent administration department of the State 
Council is not observed by a part y concerned because of any  other justified reason, resulting in loss of 
his or its rights, he or it may, within two months  from the date of receipt of a notification from the 
patent administration department of the State Council,  request the patent administration department of 
the State Council to restore his or its rights.   Where any party concerned requests restoration of his or its rights in accordance with the 
provisions of the first or second para graph of this Article, he or it shall submit a request for restoration 
of rights, which states the reasons and attaches, if  necessary, the relevant certifying documents, and go 
through the relevant formalities whic h should have been performed before the loss of his or its rights; 
where the party concerned requests restoration of his or its rights in accordance with the provisions of 
the second paragraph of this Article , he or it shall pay the fee for requesting restoration of rights. 
  Where the party concerned makes a request for an extension of a time limit specified by the 
patent administration department of the State Council, he or it shall, before the time limit expires, 
state the reasons to the patent administration department of the State Council and go through the relevant formalities.   The provisions of the first and second paragraphs of this Article shall not be applicable to the 
time limit referred to in Articles 24, 29,  42 and 68  of the Patent Law. 
  Article 7   Where an application for a patent relates to the interests  of national defense and is 
required to be kept secret, the application for patent  shall be filed with and examined by the national 
defense patent authority; where an application for patent accepted by the patent administration 
department of the State Council relates to the inter ests of national defense and is required to be kept 
secret, the application shall be promptly forwarde d to the national defens e patent authority for  
examination.  Where it is found after examination by the nati onal defense patent authority that there is 
no ground for rejecting  the application, the patent administrati on department of the State Council shall 
make a decision to grant a national defense patent right.  
 Where  the patent administration department of the State Council finds that an  application for 
patent for invention or patent for utility model wh ich it accepts relates to national security or other 
vital interests of the State other than interests of national defense and is required to be kept secret, it 
shall promptly make a decision on handling it as an  application for secret patent and notify the 
applicant accordingly. The special procedures for the examination and reexamination of an  IP/N/1/CHN/P/3 
 Page 5 
 
 
  application for secret patent as well as the invalidati on of secret patent shall be provided for by the 
patent administration department of the State Council.   Article 8   An invention or utility model developed in China referred to in Article 20 of the 
Patent Law means an invention or utility model in  which the substantive contents of the technical 
solution are made within the territory of China.  
  Where any entity or individual intends to file an  application for patent abroad for an invention 
or utility model developed in China, it or he shall request, in one of the following manners, the patent 
administration department of the State Counc il to conduct confidentiality examination: 
 
 (1) where filing an application for patent directly  in a foreign country or filing an international 
patent application directly with a relevant foreign organization, it or he shall submit a request for 
confidentiality examination in advance to the patent  administration department of the State Council 
and state the related technical solution in detail; 
 
 (2) where, after filing an application for patent  with the patent administration department of 
the State Council, it or he intends to file an a pplication for patent in a foreign country or an 
international patent application with  a relevant foreign organization, it or he shall submit a request for 
confidentiality examination to the patent administra tion department of the State Council before filing 
the application for patent in a foreign country or th e international patent app lication with the relevant 
foreign organization. 
  Where an international patent application is f iled with the patent administration department of 
the State Council, it shall be deemed that a re quest for confidentiality examination is filed 
simultaneously. 
 
 Article 9   Where the patent administration department of the State Council receives a request 
filed under Article 8 of these Rules and finds, upon ex amination, that the invention or utility model is 
likely to relate to national security or  other vital interests of the State and is required to be kept secret, 
it shall promptly issue a notification of confidentia lity examination to the applicant; if the applicant 
receives no notification of confidentiality examinatio n within four months fro m the date of filing of 
his or its request, the applicant may file, in respect of the invention or utility model, an application for 
patent in a foreign country or an internationa l patent application with the relevant foreign 
organization.   Where the patent administration department of the State Council carries out a confidentiality 
examination in accordance with the notification prescribed in the preceding paragraph, it shall 
promptly make a decision on whether the invention or  utility mode is required to be kept secret and 
notify the applicant accordingly. If the applicant receives no such decision within six months from the 
date of filing of his or its request, the applicant ma y file, in respect of the invention or utility model, 
an application for patent in a foreign country or an  international patent app lication with the relevant 
foreign organization.  
 
 Article 10   Invention-creations which violate the law referred to in Article 5 of the Patent 
Law shall not include  invention-creations only the exploitation  of which is prohibited by the law.  
  Article 11  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 priority is claimed. 
  The date of filing referred to in these Rules, ex cept as otherwise prescribed, means the date of 
filing prescribed in Article 28 of the Patent Law. 
 IP/N/1/CHN/P/3 
Page 6  
 
   Article 12   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; 
 
 (2) in execution of any task, other than his own duty, which was entrusted to him by the entity to which he belongs; or   (3) within one year from his retirement, resignation  or from termination of his employment or 
personnel relationship with the entity to which he previously belongs, where the invention-creation 
relates to his own duty or any other task entrusted to  him by the entity to which he previously belongs. 
  The entity to which he belongs referred to in Ar ticle 6 of the Patent Law includes the entity in 
which the person concerned is a temporary staff me mber; material and technical means of the entity 
referred to in Article 6 of the Patent Law mean the entity's money, equipment, spare parts, raw 
materials or technical materials which are not available to the public, etc.   Article 13   An 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 who 
only offers facilities for making use of material  and technical means, or who only takes part in other 
auxiliary functions, shall not be considered as an inventor or creator.   Article 14   Except for the assignment of the patent right in accordance with the provisions of 
Article 10 of the Patent Law, where the patent ri ght is transferred because of any other reason, the 
party concerned shall, based on the relevant certifyi ng documents or legal papers, request the patent 
administration department of the State Council to register the transfer of the patent right.   Any license contract for exploitation of a pate nt which has been concluded by the patentee 
with an entity or individual shall, within three months  from the date of entry in to force of the contract, 
be submitted to the patent administration depa rtment of the State Council for the record. 
 
 Where any patent right is put in pledge, the pl edgor and the pledgee shall jointly register the 
contract of pledge with the patent admi nistration department of the State Council. 
 
Chapter II  Application for Patent 
 
 Article 15   Anyone who applies for a patent in wr itten form shall file with the patent 
administration department of the State C ouncil application documents in two copies. 
  Anyone who applies for a patent in other form s as provided for by the patent administration 
department of the State Council shall co mply 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 ad ministration department of 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 
stated in the request, the applicant named firs t in the request shall be the representative. 
  Article 16  The following particulars shall be indicated in the request of application for patent 
for invention, utility model or design:  IP/N/1/CHN/P/3 
 Page 7 
 
 
   
 (1) the title of the invention, utility model or design;   (2) in the case of an applicant that is a Ch inese entity or individual, the applicant's title or 
name, address, postal code, organization code or resident identity card number; in the case of an 
applicant that is a foreigner, a foreign enterprise or  other foreign organization, the applicant's name or 
title, nationality or the country or region where the applicant is registered;   (3) the name of the inventor or creator;  
 (4) in the case of an applicant that has appoi nted a patent agency, the title of the appointed 
agency and its agency code, and the name, the practice certificate number and the telephone number 
of the patent agent assigned by the agency;   (5) in the case that the right of priority is claimed, the date of filing on which the applicant 
filed his or its first application (hereinafter referre d to as the earlier application), the filing number of 
such application and the title of the authority with which such application was first filed; 
  (6) the signature or seal of the applicant or the patent agency; 
  (7) a list of the documents constituting the application; 
 
 (8) a list of the documents a ppending the application; and 
  (9) any other related matters which need to be indicated. 
 
 Article 17   The description of an application for a patent for invention or a patent for utility 
model shall state the title of the invention or utility model, which shall be the same as it appears in the 
request. The description shall include the following:   (1) technical field: specifying the technical fi eld to which the technical solution sought to be 
protected pertains; 
 
 (2) background art: indicating the background ar t which can be regarded as useful for the 
understanding, searching and examination of the inven tion or utility model, and when possible, citing 
the documents reflecting such art;  
 (3)  contents of the invention: disclosing the t echnical problem the invention or utility model 
aims to settle and the technical so lution adopted to resolve the problem , and stating, with reference to 
the prior art, the advantageous effects of the invention or utility model;   (4) explanatory notes of drawings: briefly descr ibing each figure in the drawings, if any; and 
 
 (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 exampl es, and with reference to the drawings, if any. 
  The manner and order referred to in the pr eceding paragraph shall be followed by the 
applicant for a patent for invention or a patent fo r utility model in drafting the description and each of 
the parts shall be preceded by a heading, unless, because of the na ture of the invention or utility 
model, a different manner or or der would result in a more economical presentation and a better 
understanding.  IP/N/1/CHN/P/3 
Page 8  
 
   The description of the inve ntion or utility model shall  use standard  terms  and be clear  in 
wording, and shall not contain such references to the claims as: "as described in claim …", nor shall it 
contain commercial advertising.   Where an application for a patent for inventi on contains disclosure of one or more nucleotide 
and/or amino acid sequences, the description shall contain a sequence listing in compliance with the 
standard prescribed by the patent administration department of the State Council. The sequence listing 
shall be submitted by the applicant as a separate pa rt of the description, and a copy of the said 
sequence listing in machine-readable  form shall also be submitted in  accordance with the provisions 
of the patent administration department of the State Council. 
 
 The description of an application for a patent  for utility model shall include the drawings 
showing the shape, structure or their combinati on of the product for which protection is sought. 
  Article 18   The drawings of an invention or utilit y model shall be numbe red and arranged in 
numerical order consecutively as "Figure 1, Figure 2, …". 
  Reference signs not mentioned in the text of the description of the invention or utility model 
shall not appear in the drawings, and reference signs not included in the drawings shall not be referred 
to in the text of the description. Reference signs for the same composite part shall be used consistently 
throughout the application document. 
 
 The drawings shall not contain any other explanatory notes, except for words which are 
indispensable.   Article 19   The claims shall specify  the technical features of an invention or utility model. 
 
 If there are several claims, they shall be  numbered consecutively in Arabic numerals. 
  The scientific and technical terms used in the clai ms shall be consistent with those used in the 
description, and the claims may contain chemical or mathematical formulae but no drawings. They shall not, except where absolutely necessary, contai n such references to the description or drawings 
as: "as described in part… of the description", or  "as illustrated in Figure… of the drawings". 
  The technical features mentioned in the claims may, in order to facilitate understanding of the 
claims, make reference to the corresponding referen ce signs in the drawings of the description, and 
such reference signs shall follow the corresponding technical features and be placed in parentheses. 
The reference signs shall not be construed as limiting the claims. 
  Article 20   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 necessar y for the solution of its technical problem. 
  The dependent claim shall, by additional techni cal features, further define the claim to which 
it refers.  
 Article 21   An independent claim of an invention or utility model shall contain a preamble 
portion and a characterizing portion, and be presented in the following manner: 
  (1) a preamble portion: indicating the title of the claimed subject matter of the technical solution of the invention or utility model, and t hose technical features whic h are necessary for the  IP/N/1/CHN/P/3 
 Page 9 
 
 
  definition of the claimed subject matt er but which, in combination, ar e part of the most related prior 
art; and   (2) a characterizing portion: stating, in such wo rds as "characterized in that…" or in similar 
expressions, the technical features of the invention or  utility model, which dis tinguish it from the most 
related prior art. Those features, in combination with  the features stated in the preamble portion, serve 
to define the extent of protection of the invention or utility model.   Where the manner specified in the preceding paragraph is not appropr iate to be followed 
because of the nature of the invention or utility m odel, an independent claim may be presented in a 
different manner. 
  An invention or utility model shall have only one independent claim, which shall precede all 
the dependent claims relating to the same invention or utility model.  
 Article 22   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: 
  (1) a reference portion: indicating the serial num ber(s) of the claim(s) referred to, and the title 
of the subject matter; and  
 (2) a characterizing portion: stating the additiona l technical features of the invention or utility 
model.   Any dependent claim shall  only refer to the preceding claim or claims. A multiple dependent 
claim, which refers to two or more claims, shall re fer to the preceding claims in the alternative only, 
and shall not serve as a basis for any other multiple dependent claim. 
  Article 23   The abstract of the description shall consist of a summary of the disclosure as 
contained in the application for patent for inven tion or utility model. The summary shall indicate the 
title of the invention or utility model, and the tec hnical field to which the invention or utility model 
pertains, and shall be drafted in a way which allo ws the clear understanding of the technical problem, 
the gist of the technical solution to that problem, and the principal use or uses of the invention or 
utility model.  
  The abstract of the description may contain th e chemical formula which best characterizes the 
invention; in an application for a patent which c ontains drawings, the applicant shall provide a figure 
which best characterizes the technical features of the invention or utility model. The scale and the 
distinctness of the figure shall be as such that  a reproduction with a linear reduction in size to 
4cm × 6cm would still enable all details to be clearl y distinguished. The text of the abstract shall 
contain not more than 300 words. There shall be no commercial advertising in the abstract. 
  Article 24   Where an invention for which a patent  is applied concerns a new biological 
material which is not available to the public and wh ich cannot be described in the application in such 
a manner as 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 the 
following formalities:  
 (1) depositing a sample of the biological materi al with a depositary institution designated by 
the patent administration department of the State C ouncil before, or at the latest, on the date of filing 
(or the priority date where priority is claimed), and submitting at the time of filing or at the latest, within  four months from the date of filing, a certificate of deposit and that of viability from the IP/N/1/CHN/P/3 
Page 10  
 
  depository institution; where they are not submitted w ithin the specified time limit, the sample of the 
biological material shall be deem ed not to have been deposited; 
  (2) giving in the application document releva nt information of the characteristics of the 
biological material; and 
 
 (3) indicating, where the application relates to the deposit of a sample of the biological 
material, in the request and the description the scien tific name of the biological material (with its 
Latin name) and the title 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 be supplied within four months from the date of filing; where 
after the expiration of the time limit they are not s upplied, the sample of the biological material shall 
be deemed not to have been deposited.   Article 25   Where the applicant for a patent fo r invention has deposited a sample of 
biological material in accordance with the provi sions of Article 24 of these Rules, and after the 
application for patent for invention is published, an y entity or individual that intends to make use of 
the biological material to which the application re lates, for the purpose of experiment, shall make a 
request to the patent administration department  of the State Council, containing the following 
particulars:  
 (1) the title or name and address of the person making the request; 
  (2) an undertaking not to make the biological  material available to any other person; and 
  (3) an undertaking to use the biological material  for an experimental purpose only before the 
grant of the patent right. 
  Article 26   Genetic resources referred to in the Patent Law means the materials of actual or 
potential value which are obtained from human bodi es, animals, plants and microorganisms and 
contain functional units of heredity; an inven tion-creation accomplished by relying on genetic 
resources referred to in the Patent Law means an invention-creation accomplished by the use of the 
heredity function of genetic resources. 
  Where an application for patent is filed for an invention-creation accomplished by relying on 
genetic resources, the applicant shall state that fact in the request, and fill in the forms provided by the 
patent administration department of the State Council. 
 
 Article 27   Where an applicant seeks the protection of colors, drawings or photographs in 
color shall be submitted.   The applicant shall, in respect of the subject  matter of the product incorporating the design 
which is in need of protection, submit the relevant drawings or photographs. 
 
 Article 28   The brief explanation of a design shall indicate the title and use of the product 
incorporating the design and the essential feature of the design, and designate a drawing or photograph which best shows the essential feature of the design. Where the view of the product 
incorporating the design is omitted or where concurre nt protection of colors is sought, this shall be 
indicated in the brief explanation.  
  Where an application for patent for design is filed for two or more similar designs 
incorporated in the same product,  one of these designs shall be i ndicated as the main design in the 
brief explanation.  IP/N/1/CHN/P/3 
 Page 11 
 
 
   
 The brief explanation shall not contain any co mmercial advertising and shall not be used to 
indicate functions of the product.   Article 29   Where the patent administration departme nt of the State Council deems necessary, 
it may require the applicant for a patent for d esign to submit a sample or model of the product 
incorporating the design. The volume of the sam ple or model submitted shall not exceed 30cm × 
30cm × 30cm, and its weight shall not surpass 15 kil ograms. Articles which are easy to get rotten or 
broken or articles which are dangerous shall not be submitted as the sample or model. 
 
 Article 30   An international exhibition recognized by the Chinese Government referred to in 
subparagraph (1) of Article 24 of the Patent Law means an internat ional exhibition which is registered 
with or recognized by the International Exhibitio ns Bureau as stipulated by the International 
Exhibitions Convention.  
 
 An academic or technological meeting referred to in subparagraph (2) of Article 24 of the 
Patent Law means an academic or technological meeting organized by a competent department 
concerned of the State Council or by a na tional academic or technological association. 
  Where any invention-creation for which a pate nt is applied falls under the provisions of 
subparagraph (1) or (2) of Article 24 of the Pate nt Law, the applicant shall, when filing the 
application, make a declaration and, within two months from the date of filing, submit certifying 
documents issued by the entity which organized  the international exhibition or academic or 
technological meeting, stating the fact that the i nvention-creation was exhib ited or published and the 
date of its exhibitio n or publication. 
 
 Where any invention-creation for which a pate nt is applied falls under the provisions of 
subparagraph (3) of Article 24 of the Patent Law, the patent administration department of the State 
Council may, when it deems necessary, require th e applicant to submit the relevant certifying 
documents within a specified time limit.  
 Where the applicant fails to make a declaration and submit certifying documents as required 
in the third paragraph of this Article, or fails to submit certifying documents within a specified time 
limit as required in the fourth paragraph of this Ar ticle, the provisions of Article 24 of the Patent Law 
shall not apply to his or its application. 
  Article 31   Where an applicant claims the right of  foreign priority in accordance with the 
provisions of Article 30 of the Patent Law, the co py of the earlier application documents submitted by 
the applicant shall be certified by the authority with which the earlier application was filed. Where, in 
accordance with the agreement between the patent administration department of the State Council and 
the said authority, the patent administration department of the State Council obtains a copy of the earlier application documents through electronic transm ission or in any other manner, the copy of the 
earlier application documents certified by the authority shall be deemed to have been submitted by the 
applicant. Where, in claiming the right of domestic priority, the applicant has indicated the date of 
filing and the filing number of the earlier application in the request, the copy of the earlier application 
documents shall be deemed to have been submitted.   Where such one or two particulars as the date of filing, the filing number of the earlier application, or the title of the authority with wh ich the earlier application was filed are omitted or 
written in error in the request wh en the right of priority is claimed, the patent administration 
department of the State Council shall notify the applican t that he or it is required to make rectification 
within a specified time limit; where the applicant fails to make rectif ication within the specified time 
limit, the right of priority shall be deemed not to have been claimed. IP/N/1/CHN/P/3 
Page 12  
 
   
 Where the name or title of the applicant who cl aims the right of priority does not tally with 
the one recorded in the copy of the earlier application,  the applicant shall submit a document 
certifying the assignment of the right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed. 
 
 Where any applicant claims a right of foreign priority for his or its application for patent for a design, and no brief explanation of the design was c ontained in the earlier application, he or it shall 
not be adversely affected for enjoying the right of  priority if the brief explanation submitted by the 
applicant in accordance with the provisions of Ar ticle 28 of these Rules does not go beyond the scope 
as shown in the drawings or photographs of the earlier application. 
  Article 32   An applicant may claim one or more pr iorities for an application for a patent; 
where multiple priorities are claimed, the priority period for the application shall be calculated from 
the earliest priority date. 
 
 Where an applicant claims the right of domestic  priority and if the earlier application is one 
for a patent for invention, the applicant may file an application for a patent for invention or utility 
model for the same subject matter; if the earlier a pplication is one for a patent for utility model, the 
applicant may file an application for a patent fo r utility model or invention for the same subject 
matter. However, if the subject matter of the ea rlier application falls under any of the following 
circumstances when the later application is filed,  it may not be taken as the basis for claiming the 
domestic priority:   (1) where the subject matter has been served as the basis for claiming the foreign or domestic 
priority; 
 
 (2) where the subject matter has been granted a patent right; or   (3) where it is the subject matter of a divisional application filed as prescribed.   Where an applicant claims the domestic priority , the earlier application shall be deemed to be 
withdrawn from the date on which the later application is filed. 
  Article 33   Where an application for patent is filed or the right of foreign priority is claimed 
by an applicant having no habitual residence or bu siness office in China, the patent administration 
department of the State Council may, when it deem s necessary, require the applicant to submit the 
following documents: 
  (1) in the case of an applicant that is an i ndividual, a certificate concerning his nationality; 
  (2) in the case of an applicant that is an  enterprise or other organization, a document 
certifying the country or region where it is registered; and 
 
 (3) a document certifying that the country, to  which the applicant belongs, recognizes that 
Chinese entities and individuals are, under the sa me conditions as those a pplied to its nationals, 
entitled to the patent right, the right of priori ty and other related rights in that country. 
 
 Article 34   Two or more inventions or utility mode ls belonging to a single general inventive 
concept which may be filed as one application in acco rdance with the provisions of the first paragraph 
of Article 31 of the Patent Law shall be technically  interrelated and contain one or more of the same 
or corresponding special technical features. The expression special technical features shall mean those  IP/N/1/CHN/P/3 
 Page 13 
 
 
  technical features which define a contribution wh ich each of those inventions or utility models, 
considered as a whole, makes over the prior art.   Article 35   Where two or more similar designs of the same product are filed in one 
application in accordance with the provisions of the second paragraph of Article  31 of the Patent Law, 
the other designs of the product sha ll be similar to the main design i ndicated in the brief explanation. 
The number of similar designs contained in an app lication for patent for design shall not exceed 10. 
  The two or more designs of products belonging to the same class and sold or used in sets as referred to in the second paragraph of Article 31 of the Patent Law mean that, each product 
incorporating the design belongs to the same  class in the classification of products and is customarily 
sold or used at the same time, and th e designs incorporated in each product  have the same concept of 
design.   Where two or more designs are filed as one a pplication, they shall be numbered consecutively 
and the numbers shall precede the titles of the draw ings or photographs of the product incorporating 
the design.   Article 36   When withdrawing an application for a patent, the applicant shall submit to the 
patent administration department of the State C ouncil a declaration whereby 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 preparations 
for the publication of the application documents ha ve been completed by the patent administration 
department of the State Council, the application documents shall be publishe d as scheduled. However, 
the declaration withdrawing the application for patent  shall be published in the Patent Gazette issued 
later. 
 
Chapter III  Examination and Approval of Application for Patent 
 
 Article 37   Where any of the following events occu rs, a person who conduc ts examination or 
hears a case in the procedures of preliminary examin ation, examination as to substance, reexamination 
or invalidation shall, on his own in itiative or upon the request of th e parties concerned or any other 
interested person, be excluded from exercising his function:   (1) where he is a near relative of a party concerned or of such party'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 w ith a party concerned or with such party's agent 
that may influence impartial examination and hearing; or   (4) where he is a member of the Patent R eexamination Board who has taken part in the 
examination of the same application.  
  Article 38   Upon the receipt of an application fo r a patent for invention or utility model 
consisting of a request, a description (drawings must be included in an appli cation for a utility model) 
and one or more claims, or an application for a pa tent for design consisting of a request, one or more 
drawings or photographs showing the design  and a brief explanation, the patent administration 
department of the State Council shall accord the date of filing, issue a filing  number, and notify the 
applicant.  IP/N/1/CHN/P/3 
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   Article 39   In any of the following circumstances, the patent administration department of the 
State Council shall refuse to accept the appli cation and notify the applicant accordingly: 
  (1) where the application for a patent for invention or utility model does not contain a request, a description (the description of a utility model does not contain drawings) or claims, or the 
application for a patent for design does not contai n a request, drawings or photographs, or a brief 
explanation;   (2) where the application is not written in Chinese;  
 (3) where the application is not in conformity  with the provisions of the first paragraph of 
Article 121 of these Rules;   (4) where the request does not contain the name or title, or address of the applicant; 
 
 (5) where the application is obviously not in c onformity with the provisions of Article 18 or 
of the first paragraph of Artic le 19 of the Patent Law; or 
  (6) where the type of the application for a patent  (patent for invention, utility model or design) 
is not clear and definite or cannot be ascertained.  
 Article 40   Where there are explanatory notes to the drawings in a description, but the 
drawings or part of the drawings are omitted, the a pplicant shall, within the time limit specified by the 
patent administration department of the State C ouncil, either furnish the drawings or make a 
declaration for the deletion of the explanatory notes to the drawings. If the drawings are submitted by 
the applicant at a later date, the date of their submission, or mailing to, the patent administration 
department of the State Council shall be the date of  filing of the application; if the explanatory notes 
to the drawings is deleted, the initia l date of filing shall be retained. 
  Article 41   Where two or more applicants respectively file, on the same day  (which means 
the date of filing or, where priority is claimed, th e priority date), applications for patent for the 
identical invention-creation, they shall, after recei pt of a notification from the patent administration 
department of the State Council, hold consultations  among themselves to decide the person or persons 
who shall be entitled to file the application.  
  Where an applicant files on the same day (which  means the date of filing) applications for 
both a patent for utility model and a patent for inven tion for the identical invention-creation, he or it 
shall, when filing the applications, state respectivel y that another patent application for the identical 
invention-creation has been filed by him or it; if the applicant fails to do so, the issue shall be handled 
in accordance with the provisions of the first paragr aph of Article 9 of the Patent Law whereby only 
one patent right shall be granted for any identical invention-creation.   Where the patent administration department of the State Council announces the grant of a 
patent for utility model, it shall announce the statem ent made by the applicant in accordance with the 
provision of the second paragraph of this Article that  he or it has simultaneously filed an application 
for a patent for invention.   Where it is found after examination that there is no ground for rejecting the application for 
patent for invention, the patent administration department of the State Council shall notify the 
applicant that he or it is required to declare, w ithin a specified time limit, the abandonment of his or 
its patent for utility model. If the applicant so decl ares, the patent administration department of the 
State Council shall make a decision to grant a pate nt for invention, and announce at the same time 
both the grant of the patent for invention and the declaration of the applicant to abandon his or its  IP/N/1/CHN/P/3 
 Page 15 
 
 
  patent for utility model. If the applicant refuses to  abandon his or its patent for utility model, the 
patent administration department of the State Co uncil shall reject the application for patent for 
invention; if the applicant fails to  respond within the specified time lim it, the application for patent for 
invention shall be deemed to have been withdrawn. 
 
 The patent right for utility model ceases from the date of the announcement of grant of the 
patent for invention.  
  Article 42   Where an application for a patent contai ns two or more inventions, utility models 
or designs, the applicant may, before the expirati on of the time limit provided for in the first 
paragraph of Article 54 of these Rules, submit to th e patent administration department of the State 
Council a divisional application; however, where an  application for patent has been rejected, 
withdrawn or is deemed to have been withdr awn, no divisional application may be filed. 
  If the patent administration department of the State Council finds that an application for a 
patent is not in conformity with the provisions of Article 31 of the Patent Law or of Article 34 or 35 
of these Rules, it shall notify the applicant that he or it is required 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 application shall be deemed to have been withdrawn. 
  The type of the divisional application shall be  the same as that of the initial application. 
 
 Article 43   A divisional application filed in accord ance with the provisions of Article 42 of 
these Rules shall be entitled to the date of filing and, if priority is claimed, the priority date of the 
initial application, provided that the divisional a pplication does not go beyond the scope of disclosure 
contained  in the initial application. 
 
 For any divisional application the relevant fo rmalities shall be performed as required in the 
Patent Law and these Rules.   The filing number and the date of filing of th e initial application shall be indicated in the 
request of the divisional application. When the divi sional application is filed, it shall be accompanied 
by a copy of the initial application; if priority is  claimed for the initial application, a copy of the 
priority document of the initial application shall also be submitted by the applicant. 
  Article 44   Preliminary examination referred to in Articles 34 and 40 of the Patent Law 
means the check of an application for a patent to  see whether or not it contains the documents as 
provided for in Article 26 or 27 of the Patent La w and other necessary documents, and whether or not 
those documents are in the prescribed form; su ch check shall also include the following: 
  (1) whether or not any application for a patent  for invention obviously falls under Article 5 or 
25 of the Patent Law, or is not in conformity with  the provisions of Article 18, the first paragraph of 
Article 19 or the first paragraph of Article 20 of th e Patent Law, or Article 16 or the second paragraph 
of Article 26 of these Rules,  or is obviously not in conformity with the provisions of the second 
paragraph of Article 2, the fifth pa ragraph of Article 26, the first pa ragraph of Article 31 or Article 33 
of the Patent Law, or Articles 17 to 21 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 18, the first paragraph 
of Article 19 or the first paragraph of Article 20  of the Patent Law,  or Articles 16 to 19 or Articles 21 
to 23 of these Rules, or is obviously not in confor mity with the provisions of the third paragraph of 
Article 2, the second or fourth paragraph of Article 22,  the third or fourth paragraph of Article 26, the 
first paragraph of Article 31 or Article 33 of the Pa tent Law, or Article 20 or the first paragraph of IP/N/1/CHN/P/3 
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  Article 43 of these Rules, or is not entitled to a pa tent right in accordance with the provisions of 
Article 9 of the Patent Law;   (3) whether or not any application for a pa tent for design obviously falls under Article 5  or 
subparagraph (6) of the first paragra ph of Article 25 of the Patent Law,  or is not in conformity with 
the provisions of Article 18 or the first paragraph of  Article 19 of the Patent Law, or Article 16, 27 or 
28 of these Rules, or is obviously not in conformity  with the provisions of the fourth paragraph of 
Article 2, the first paragraph of Article 23, the second paragraph of Article 27, the second paragraph 
of Article 31 or Article 33 of the Patent Law, or the first paragraph of Article 43 of these Rules, or is 
not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law; and 
 
 (4) whether or not any application document is in conformity with the provisions of Article 2 or the first paragraph of Article 3 of these Rules.   The patent administration department of the State Council shall notify the applicant of its 
opinions after checking his or its application and requir e him or it to state his or its observations or to 
rectify his or its application within a specified ti me limit; if the applicant fails to make any response 
within the specified time limit, the application sha ll be deemed to have been withdrawn. Where, after 
the applicant has made his or its observations or th e corrections, the patent administration department 
of the State Council still finds that the application is not in conformity with the provisions of the 
articles cited in the preceding paragraph,  the application shall be rejected. 
 
 Article 45   Apart from an application for patent, any other document relating to the patent 
application which is submitted by the applicant to the patent administration department of the State 
Council shall, in any of the following circumstan ces, be deemed not to  have been submitted: 
 
 (1) where the document is not presented in the prescribed form or the indications therein are 
not in conformity with the provisions; or   (2) where a certifying document is not submitted as prescribed.   The patent administration department of the State Council shall notify the applicant of its 
opinion that the document is deemed not to  have been submitted after being checked. 
  Article 46   Where the applicant requests an earlier publication of his or its application for a 
patent for invention, a statement shall be made to  the patent administration department of the State 
Council. The patent administration department of the State Council shall, after preliminary 
examination of the application, publish it immediately, unless it is to be rejected. 
  Article 47   The applicant shall, when indicating a product incorporating the design and the 
class to which that product belongs, refer to the cl assification of products for designs published by the 
patent administration department of 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 of the State Council may supply the indication or correct it. 
  Article 48   Any person may, from the date of publica tion of an application for a patent for 
invention till the date of announcing the grant of the patent right, submit to the patent administration 
department of the State Council his or its observati on, with reasons therefor, on the application which 
is not in conformity with the provisions of the Patent Law. 
  Article 49   Where the applicant for a patent for inve ntion cannot furnish, for justified reasons, 
the documents concerning any search or results of any examination specified in Article 36 of the  IP/N/1/CHN/P/3 
 Page 17 
 
 
  Patent Law, he or it shall make a statement to the patent administration department of the State 
Council and submit them when the said documents are available.   Article 50   The patent administration department of the State Council shall, when proceeding 
on its own initiative to examine an application for a patent in accordance with the provisions of the 
second paragraph of Article 35 of the Patent  Law, notify the applicant accordingly. 
  Article 51   When requesting for examination as to substance, or within three months from the 
date of receipt of the notification from the patent administration department of the State Council that 
the application has entered into examination as to su bstance, the applicant for a patent for invention 
may amend the application for a patent fo r invention on his or its own initiative. 
  Within two months from the date of filing, th e applicant for a patent for utility model or 
design may amend the application for a patent for u tility model or design on his or its own initiative. 
 
 Where the applicant amends the application after receiving the notification of opinions of 
examination from the patent administration department  of the State Council, he or it shall make the 
amendment to the defects pointed out by  the notification. 
  The patent administration department of the State Council may, on its own initiative, correct 
the obvious clerical mistakes and symbol mistakes in the documents of application for a patent. 
Where the patent administration department of  the State Council corrects mistakes on its own 
initiative, it shall notify the applicant accordingly.   Article 52   When any amendment is made to the d escription or the claims in an application 
for a patent for invention or utility model, a replace ment sheet in prescribed form shall be submitted, 
unless the amendment concerns only the alteration, insertion or deletion of a few words. Where an 
amendment to the drawings or photographs of an application for a patent for design is made, a 
replacement sheet shall be submitted as prescribed.   Article 53   In accordance with the provisions of  Article 38 of the Patent Law, the 
circumstances where an application for a patent for invention shall be rejected after examination as to 
substance are as follows: 
  (1) where the application falls under Article 5 or 25 of the Patent Law, or the applicant is not 
entitled to a patent right in acco rdance with the provisions of Article 9 of the Patent Law; 
 
 (2) where the application does not comply w ith the provisions of the second paragraph of 
Article 2, the first paragraph of Article 20, Article 22,  the third, fourth or fifth paragraph of Article 26 
or the first paragraph of Article 31 of the Patent Law, or the second paragra ph of Article 20 of these 
Rules; or   (3) 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 the first 
paragraph of Article 43 of these Rules.   Article 54   After the patent administration department of the State Council issues a 
notification to grant the patent right, the appli cant shall go through the formalities of registration 
within 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 of the State 
Council shall grant the patent right, issue the pate nt certificate and make an announcement thereon. 
 IP/N/1/CHN/P/3 
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   If the applicant does not go through the formalities of registration within the time limit, he or 
it shall be deemed to have abandoned his or its right to obtain the patent right. 
  Article 55   Where it is found after examination that there is no ground for rejecting an 
application for a secret patent, the patent administ ration department of the State Council shall make a 
decision to grant a secret patent, issue the certificat e of the secret patent, and register the matters 
relating to the secret patent.  
  Article 56   After the announcement of the decision to grant a patent for utility model or a 
patent for design, the patentee or the interested pa rty referred to in Article 60 of the Patent Law may 
request the patent administration department of the State Council to make a patent right assessment 
report.   Any person that requests a patent right assessment report shall submit a request therefor, indicating the patent number. Each re quest shall be limited for one patent. 
 
 Where the request for a patent right assessment report does not comply with the provisions, the patent administration department of the State Co uncil shall notify the requesting party that he or it 
is required to rectify the request within a specified time limit; if the requesting party fails to do so 
within the time limit, the request shall be deemed not to have been submitted. 
 
 Article 57   The patent administration department of the State Council shall issue a patent 
right assessment report within two months after rece ipt of the request for the patent right assessment 
report. Where two or more persons request a pate nt right assessment report in respect of the same 
patent for utility model or design, the patent ad ministration department of the State Council shall 
make one patent right assessment report only. Any entit y or individual may consult or copy the patent 
right assessment report. 
  Article 58   The patent administration department of  the State Council shall correct promptly 
the mistakes in the patent announcements and pate nt pamphlets once they are discovered, and the 
corrections shall be announced accordingly.  
Chapter IV   Reexamination of Patent Application and Invalidation of Patent Right 
 
 Article 59   The Patent Reexamination Board shall consist of technical and legal experts 
appointed by the patent administration department of the State Council, and the responsible person of 
the patent administration department of the Stat e Council shall be the Director of the Board. 
 
 Article 60   Where the applicant requests the Pa tent Reexamination Board to make a 
reexamination in accordance with the provisions of Artic le 41 of the Patent Law, he or it shall file a 
request for reexamination, state the reasons and, when necessary, attach the relevant supporting 
documents.  
 
 Where the request for reexamination does not  comply with the provisions of the first 
paragraph of Article 19 or the first paragraph of Article 41 of  the Patent Law, the Patent 
Reexamination Board shall refuse to accept it, notif y the applicant in writing and give the reasons 
therefor.  
 
 Where the request for reexamination does not comply with the prescribed form, the person 
making the request shall rectify it within the time limit specified by the Patent Reexamination Board; 
if the person making the request fails to do so, the request for reexamination shall be deemed not to 
have been filed.   IP/N/1/CHN/P/3 
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   Article 61   The person making the request may amend hi s or its patent application when he or 
it requests reexamination or makes responses to the no tification of reexamination issued by the Patent 
Reexamination Board; however, the amendments sh all be limited only to remove the defects pointed 
out in the decision of rejection of the application or in the notification of reexamination.  
 The amendments to the application for patent shall be in two copies. 
  Article 62   The Patent Reexamination Board shall remit the request for reexamination which 
it accepts to the original examination department of  the patent administration department of the State 
Council for reexamination. Where the original examin ation department agrees to revoke its original 
decision based on the request of the person reques ting reexamination, the Patent Reexamination 
Board shall make a decision accordingly and notify the person requesting reexamination. 
  Article 63   Where, after reexamination, the Patent Reexamination Board finds that the request 
for reexamination does not comply with the relevant provisions of the Patent Law and these Rules, it 
shall notify the person requesting r eexamination and require him or it to submit his or its observation 
within a specified time limit. If the time limit for making a response is not met, the request for 
reexamination shall be deemed to have been wit hdrawn; where, after the person making the request 
has made his or its observations or amendments, th e Patent Reexamination Board still finds that the 
request does not comply with the relevant provisions of the Patent Law and these Rules, it shall make 
a decision of reexamination to maintain the earlier decision rejecting the application. 
 
 Where, after reexamination, the Patent Reexam ination Board finds that the decision rejecting 
the application does not comply with the relevant provisions of the Patent Law and these Rules, or 
that the amended application has removed the defe cts as pointed out by the decision rejecting the 
application, it shall revoke the decision rejecting th e application, and allow the original examination 
department to resume the examination procedure. 
  Article 64   At any time before the Patent Reexamination Board makes its decision on a 
request for reexamination, the person making the request  may withdraw his or its request for 
reexamination.  
 Where the person requesting reexamination wit hdraws his or its request for reexamination 
before the Patent Reexamination Board makes its decision, the procedure of reexamination 
terminates.   Article 65   Any person requesting invalidation or pa rt invalidation of a patent right in 
accordance with the provisions of Article 45 of the Patent Law shall submit a request  for invalidation 
and the necessary evidence in two copies to the Pa tent Reexamination Board. The request for 
invalidation shall state in detail the grounds for fili ng the request, making reference to all the evidence 
as submitted, and indicate the piece of evidence on which each ground is based.   The grounds on which a request for invalida tion is based, referred to in the preceding 
paragraph, mean that an invention-creation for whic h the patent right is granted does not comply with 
the provisions of Article 2, the first paragraph of Ar ticle 20, Article 22, Article 23, the third or fourth 
paragraph of Article 26, the second paragraph of Article 27 or Article  33 of the Patent Law, or the 
second paragraph of Article 20 or the first paragrap h of Article 43 of these Rules; or the invention-
creation falls under the provisions of Article 5 or 25 of the Patent Law; or the applicant is not entitled 
to be granted the patent right in accordance with the provisions of Article 9 of the Patent Law. 
  Article 66   Where a request for invalidation does not comply with the provisions of the first 
paragraph of Article 19 of the Patent Law or Ar ticle 65 of these Rules, the Patent Reexamination 
Board shall refuse to accept it. IP/N/1/CHN/P/3 
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 Where, after a decision on a request for invalidati on of the patent right is made by the Patent 
Reexamination Board, another request for invalid ation based on the same grounds and evidence is 
raised, the Patent Reexamination Board shall refuse to accept it.  
 Where a request for invalidation of a patent for design is filed on the ground that the patent 
for design does not comply with the provisions of the third paragraph of Article  23 of the Patent Law, 
but no evidence is submitted to prove such conflict of rights, the Patent Reexamination Board shall 
refuse to accept it.  
 Where a 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 Reexamination Board; if the rectification fails to  be made within the time limit, the request for 
invalidation shall be deemed  not to have been made. 
 
 Article 67   After a request for invalidation is accepted by the Patent Reexamination Board, 
the person making the request may add grounds or supplement evidence within one month from the date when the request for invalidation is filed. Additional grounds or evidence which is submitted 
after the said time limit may be disregarded by the Patent Reexamination Board.   Article 68   The Patent Reexamination Board shall sen d a copy of the request for invalidation 
of the patent right and copies of the relevant docu ments to the patentee and require him or it to present 
his or its observation 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 c oncerning transmitted documents or the notification 
concerning the examination of the request for inva lidation sent by the Patent Reexamination Board; 
where no response is made within the specified  time limit, the examination of the Patent 
Reexamination Board shall not be affected.   Article 69   In the course of the examination of a request for invalidation, the patentee for a 
patent for invention or utility model concerned ma y amend his or its claims, but he or it may not 
broaden the scope of protection of the original patent. 
  The patentee for a patent for invention or u tility model concerned shall not amend his or its 
description or drawings, and the patentee for a pate nt for design concerned shall not amend his or its 
drawings, photographs or the brief explanation of the design. 
 
 Article 70   The Patent Reexamination Board may, at the request of the parties concerned or in 
accordance with the needs of  the case, decide to hold an oral hearing in respect of a request for 
invalidation.   Where the Patent Reexamination Board decides to hold an oral hearing in respect of a request 
for invalidation, it shall send a no tification to the parties concerned,  indicating the date and place of 
the oral hearing to be held. The parties concerned shall make a response to th e notification within the 
time limit specified in the notification.   Where the person requesting invalidation fails to  make a response to the notification of the 
oral hearing sent by the Patent Reexamination Board within the specified time limit, and fails to take 
part in the oral hearing, the request for invalidatio n shall be deemed to have been withdrawn; where 
the patentee fails to take part in the oral heari ng, the Patent Reexamination Board may proceed to 
examination by default.   IP/N/1/CHN/P/3 
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   Article 71   In the procedure of the examination of a request for invalidation, the time limit 
specified by the Patent Reexamination Board shall not be extended.   Article 72   The person requesting invalidation may w ithdraw his request before the Patent 
Reexamination Board makes a decision on it. 
 
 Where the person requesting invalidation withdraws his or its request or where his or its request for invalidation is deemed to have been withdrawn  before the Patent Reexamination Board 
makes a decision thereon, the procedure of the exam ination of the request for invalidation terminates. 
However, where the Patent Reexamination Board, based on the examination work it has done, finds 
that a decision could be made on invalidation or inva lidation in part of the patent right, it shall not 
terminate the examination procedure. 
 
Chapter V  Compulsory License for Exploitation of Patent 
  Article 73   The insufficient exploitation of patent re ferred to in subparagraph (1) of Article 48 
of the Patent Law means the manner or scale of the exploitation of patent by the patentee and/or the 
licensee authorized by him or it cannot satisfy the demands of the domestic market for the patented 
product or patented process.   A pharmaceutical product to which the patent right  has been granted referred to in Article 50 
of the Patent Law means any patented product, or pr oduct directly obtained by a patented process, in 
the pharmaceutical sector which is needed to addr ess public health problems, including the patented 
active ingredients necessary for the manufacture of the product and the diagnostic kits needed for its 
use.  
 Article 74   Any entity or individual requesting a co mpulsory license shall submit to the patent 
administration department of the State Council a re quest for compulsory license, state the reasons 
thereof, and attach the relevant certifying documents.   The patent administration department of the St ate Council shall send a copy of the request for 
compulsory license to the patentee, who shall make  his or its observation within the time limit 
specified by the patent administration department  of the State Council; where no response is made 
within the time limit, the patent administration depa rtment of the State Council shall not be affected in 
making its decision.   Before making a decision to reject a request fo r compulsory license or to grant a compulsory 
license, the patent administration department of the State Council shall notify the person making the 
request and the patentee of the decision to be made and the reasons therefor.   A decision made by the patent administrati on department of the State Council on granting a 
compulsory license in accordance with  the provisions of Article 50 of the Patent Law shall, at the 
same time, comply with the provisions of the rele vant international treaties on granting compulsory 
license for the purpose of addressing public health issues, which are concluded or acceded to by 
China, except for the provisions on which China has made reservation. 
  Article 75   Where a party concerned requests, in accordance with the provisions of Article 57 
of the Patent Law, the patent administration depart ment of the State Council to adjudicate the fees for 
exploitation, he or it shall submit a request for ad judication and furnish docum ents showing that the 
parties concerned have not  concl uded an agreement thereon. The patent administration department of 
the State Council shall make an adjudication within  three months from the date of receipt of the 
request and notify the part ies concerned accordingly.  
 IP/N/1/CHN/P/3 
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  Chapter VI  Rewards and Remuneration for Inventors and Creators of Service Invention-
creations 
 
 Article 76   An entity to which a patent right is gr anted may conclude with the inventor or 
creator an agreement on, or provide in its bylaws formulated in accordance with law, the manner and 
amount of the rewards and remuneration referre d to in Article 16 of the Patent Law. 
  The rewards and remuneration accorded to an inventor or creator by any enterprise or 
institution shall be handled in accordance with the provisions of the State on the financial and 
accounting system. 
 
 Article 77   Where an entity to which a patent right is granted fails to conclude with the 
inventor or creator an agreement on, and fails to provide in its bylaws formulated in accordance with 
law, the manner and amount of the rewards referred to in Article 16 of the Patent Law, it shall, within 
three months from the date of the announcement of th e grant of the patent right, accord to the inventor 
or creator a sum of money as prize. The money prize for a patent for invention shall be a minimum of 
3,000 yuan; the money prize for a patent for utilit y model or design shall be a minimum of 1,000 
yuan.   Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity to which a patent right is granted shall accord to 
him a money prize on favorable terms. 
  Article 78   Where an entity to which a patent right is granted fails to conclude with the 
inventor or creator an agreement on, and fails to provide in its bylaws formulated in accordance with 
law, the manner and amount of the rewards re ferred to in Article 16 of the Patent Law, it  shall, after 
the patent for invention-creation is exploited within  the duration of the patent right, draw each year 
from the profits from exploitation of the patent for the invention or utility model a percentage of not 
less than 2%, or from the profits from exploitation of the patent for 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 lu mp sum of money to the inventor or creator as 
remuneration once and for all. Where an entity to wh ich a patent right is granted authorizes any other 
entity or individual to expl oit its patent, it shall draw from the exploitation fee it receives a percentage 
of not less than 10% and award it to the inventor or creator as remuneration.  
Chapter VII  Protection of Patent Right 
  Article 79   The administrative authority for patent affairs referred to in the Patent Law and 
these Rules means the department responsible for th e administrative work concerning patent affairs 
set up by 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 atte nd to and has the ability to deal with the matter.  
 
 Article 80   The patent administration department of the State Council shall provide 
professional guidance to the administrative authorities for patent affairs in handling  patent  
infringement disputes, investiga ting and punishing acts of passing o ff patents and mediating patent 
disputes.  
 
 Article 81   Where any party concerned requests handling of a patent infringement dispute or 
mediation of a patent dispute, such dispute sh all fall under the jurisdiction of the administrative 
authority for patent affairs of the place where the requested party has his or its location or where the 
act of infringement takes place.   IP/N/1/CHN/P/3 
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   Where two or more administrative authorities for patent affairs all have jurisdiction over a 
patent dispute, the party concerned may file his or  its request with one of them; where requests are 
filed with two or more competent administrative authorities for patent affairs, the administrative 
authority for patent affairs which first ac cepts the request shall have jurisdiction. 
 
 Where administrative authorities for patent affa irs have a dispute over their jurisdiction, the 
administrative authority for patent affairs of th eir common higher people's government shall designate 
one administrative authority for patent affairs to exercise the jurisdiction; if there is no such 
administrative authority for patent affairs of their common higher people's government, the patent 
administration department of the State Council shall designate one administrative authority for patent 
affairs to exercise the jurisdiction. 
  Article 82   Where, in the course of handling a patent infringement dispute, the alleged 
infringer requests invalidation of the patent right and his or its request is accepted by the Patent 
Reexamination Board, he or it may request the admini strative authority for patent affairs concerned to 
suspend the handling of the matter. 
  If the administrative authority for patent affair s considers that the reasons set forth by the 
alleged infringer for the suspension are obviously unt enable, it may not suspend the handling of the 
matter.  
 Article 83   Where any patentee affixes a patent indication  on the patented product or on the 
package of that product in accordance with the provisi ons of Article 17 of the Patent Law, he or it 
shall make the affixation in the manner as prescribed by the patent administration department of the 
State Council.  
 Where any patent indication  is not in conformity with the provisions of the preceding 
paragraph, the administrative authority for patent  affairs shall order corrections to be made 
accordingly.   Article 84   Any of the following acts constitutes an act of passing off a patent as prescribed in 
Article 63 of the Patent Law: 
 
 (1) affixing a patent indication  on an unpatented product or on the package of such product, 
continuing to affix a patent indication on a product or on the package of such product after the related 
patent right is declared invalid or ceases, or affixi ng the patent number of another person on a product 
or on the package of a product  without authorization; 
 
 (2) selling a product as prescribed in subparagraph (1);   (3) indicating an unpatented technology or design as a patented technology or design, indicating a patent application as a patent or us ing the patent number of another person without 
authorization, in such materials as specifications of a product etc., which could mislead the public to 
regard the related technology or desi gn as a patented technology or design; 
  (4) counterfeiting or transforming any patent  certificate, patent document or patent 
application document; or  
 (5) any other act which might mislead the public into regarding an unpatented technology or 
design as a patented technology or design.   Where any person affixes a patent indication legally on a patented product, or on a product 
directly obtained by a patented process, or on th e package of such product before cessation of the IP/N/1/CHN/P/3 
Page 24  
 
  patent right, and offers for sale or sells such produc t after cessation of the patent right, such act does 
not constitute an act of passing off a patent.   Where any person unknowingly sells a product passi ng off a patent, and can prove that he or 
it obtains the product from a legitimate channel, the administrative authority for patent affairs shall 
order him or it to stop selling the product, but exempt him or it from paying a fine. 
  Article 85   Subject to the provisions of Article 60 of the Patent Law, the administrative 
authority for patent affairs may, at the request of the parties concerned, mediate the following patent 
disputes: 
 
 (1) any dispute over the ownership of the right  to apply for patent or the patent right; 
  (2) any dispute over the qualification of an inventor or creator;  
 (3) any dispute over the rewards and remuneration of the inventor or creator of a service 
invention-creation;   (4) any dispute over the unpaid appropriate fee for the exploitation of an invention after the 
publication of an application for patent but before the grant of the patent right; and 
 
 (5) any other patent dispute. 
  Where the party concerned requests the administra tive authority for patent affairs to mediate a 
dispute referred to in subparagraph (4) of the preced ing paragraph, the request shall be made after the 
grant of the patent right.  
 Article 86   Where any party, in respect of a dispute over the ownership of the right to apply 
for patent or the patent right, has already applie d for mediation with the administrative authority for 
patent affairs or instituted legal pr oceedings before the people's court, he or it may request the patent 
administration department of the State C ouncil to suspend the relevant procedures. 
 
 Any party requesting the suspension of the relevant procedures in accordance with the 
preceding paragraph, shall submit a request to the patent administration department of the State Council, accompanied by a copy of the document of th e administrative authority for patent affairs or 
the people's court acknowledging acceptance of the case, with the filing number or the patent number 
concerned indicated. 
 
 After a  mediation statement made by the administ rative authority for patent affairs or a 
judgment rendered by the people's court has entered into force, the parties concerned shall go through 
the formalities for resuming the relevant procedures w ith the patent administration department of the 
State Council. If, within one year from the date when the request for suspension is filed, no decision is 
made on the dispute relating to the ownership of the ri ght to apply for a patent or the patent right, and 
it is necessary to continue the suspension, the party who makes the request shall, within the said time 
limit, request extension of the suspension. If no such request for extension is filed at the expiration of 
the said time limit, the patent administration department of the State Council shall resume the procedures on its own initiative.  
 Article 87   Where, in hearing civil cases, the people's court has ordered the adoption of 
preservation measures for the right to apply for patent or  the patent right, the patent administration 
department of the State Council shall suspend th e relevant procedures concerning the patent 
application or patent right under preservation on the date of receipt of the order and the notice for 
execution assistance with the filing number or the pate nt number indicated. If, at the expiration of the  IP/N/1/CHN/P/3 
 Page 25 
 
 
  time limit for preservation, there is no order of th e people's court to continue the preservation, the 
patent administration department of the State Counc il shall resume the relevant procedures on its own 
initiative.   Article 88   The suspension of the relevant procedures by the patent administration department 
of the State Council in accordance with the provisions  of Articles 86 and 87 of these Rules refers to 
the suspension of such procedures as preliminary examination, examination as to substance, and 
reexamination of a patent application, the granting of a patent right and the invalidation of a patent, 
and to the suspension of such procedures as the abandonment of a patent right, the change in or 
transfer of a patent right or a right to apply for pa tent, the pledge of a patent  right, and the cessation of 
a patent right before the expiration of its duration. 
 
Chapter VIII  Patent Registration and Patent Gazette 
 
 Article 89   The patent administration department of the State Council shall keep a Patent 
Register in which the registration of the following matters relating to patent applications or patent 
rights shall be made:   (1) any grant of the patent right;   (2) any transfer of the right to apply for patent or the patent right; 
 
 (3) any pledge and preservation of th e patent right and their discharge; 
  (4) any license contract for exploitation of a patent 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 a patent; and 
  (9) any change in the name or title , nationality and address of a patentee. 
  Article 90   The patent administration department of  the State Council shall publish the Patent 
Gazette at regular intervals, publishing or announcing the following: 
  (1) the bibliographic data and the abstract of th e description of an application for a patent for 
invention;   (2) any request for examination as to substance of an application for a patent for invention 
and any decision made by the patent administration department of the State Council to proceed on its 
own initiative to examine as to substance an  application for a patent for invention; 
  (3) any rejection, withdrawal, deemed wit hdrawal, deemed abandonment, restoration and 
transfer of an application for a patent for invention after its publication; 
 
 (4) any grant of the patent right and the bibliographic data of the patent right;   (5) the abstract of the description of a patent  for invention or a patent for utility model, one 
drawing or photograph of a patent for design; IP/N/1/CHN/P/3 
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 (6) any declassification of a national defense patent or a secret patent;   (7) any invalidation of the patent right;  
 (8) any cessation or restoration of the patent right; 
  (9) any transfer of the patent right;   (10) any license contract for exploitatio n of a patent submitted for the record; 
 
 (11) any pledge or preservation of the patent right and their discharge; 
  (12) any grant of a compulsory license for exploitation of a patent;  
 (13) any change in the name or title and address of a patentee; 
  (14) any service of documents by way of making an announcement;   (15) any correction made by the patent admi nistration department of the State Council; and 
 
 (16)  any other related matters. 
  Article 91   The patent administration department of  the State Council shall make the patent 
gazettes, the pamphlets of applications for patent s for invention and the pamphlets of patents for 
invention, patents for utility model and patents for design available to the public for consultation free 
of charge. 
 
 Article 92   The patent administration department of the State Council is responsible for 
exchanging, in accordance with th e principle of reciprocity, pate nt documentation with the patent 
authorities of other countries or regions or with regional patent organizations.  
 
Chapter IX  Fees 
 
 Article 93   When any person files an application for a patent with, or has other formalities to 
go through at, the patent administration department  of the State Council, he or it shall pay the 
following fees: 
 
 (1) a filing fee, additional fee for filing an  application, printing fee for publishing an 
application, and fee for claiming priority;   (2) a fee for examination as to substance for an application for patent for invention, and 
reexamination fee; 
 
 (3) a registration fee for the grant of a pate nt right, printing fee for the announcement of the 
grant of a patent right, and annual fee;   (4) a fee for requesting restoration of rights, and fee for requesting extension of a time limit; 
and 
  (5) a fee for making a change in the bibliogr aphic data, fee for requesting a patent right 
assessment report, and fee for requesting invalidation of a patent.   IP/N/1/CHN/P/3 
 Page 27 
 
 
   The amount of the fees referred to in the preced ing paragraph shall be prescribed by the price 
administration department and the finance departme nt of the State Council in conjunction with the 
patent administration department of the State Council.   Article 94   The fees provided for in the Patent Law and these Rules may be paid directly to 
the patent administration department of the State C ouncil, or paid by way of postal remittance or bank 
transfer, or by way of any other means as prescribed by the patent administration department of the State Council.   Where any fee is paid by way of postal rem ittance or bank transfer, the applicant or the 
patentee shall indicate on the money order sent to the patent administration department of the State 
Council at least the correct filing number or pa tent number and the title of the 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 of the State Council, 
the date 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 th e postmark shall be the date of payment; where any 
fee is paid by way of bank transfer, the date on whic h the transfer of the fee is done shall be the date 
of payment.  
 Where any patent fee is paid in excess of th e amount as prescribed, or paid in duplication or 
mistakenly, the party making the payment may, within three  years from the date of payment, request a 
refund thereof from the patent administration depa rtment of the State Council, and the patent 
administration department of the State Council shall make such refund.  
 Article 95   The applicant shall pay the filing fee, the printing fee for publishing the 
application and the necessary additional fee for filing the application within two months from the date 
of filing or within 15 days from the date of receipt of the notification of accepta nce of the application; 
if the fees are not paid or not paid in full within the time limit, the applicati on shall be deemed to have 
been withdrawn.  
 Where the applicant claims priority, he or it sh all pay the fee for claiming priority at the same 
time when paying the filing fee; if th e fee for claiming priority is not pa id or not paid in full within the 
time limit, the claim for priority shall be deemed not to have been made.   Article 96   Where the party concerned makes a request  for an examination as to substance or 
a reexamination, the relevant fee shall be paid with in the time limit as prescribed respectively for such 
requests by the Patent Law and these Rules; if the f ee is not paid or not paid in full within the time 
limit, the request is deemed not to have been made.   Article 97   When the applicant goes through the form alities of registration, he or it shall pay 
the registration fee for the grant of the patent right, the printing fee for the announcement of the grant 
of the patent right, and the annual fee of the year in which the patent right is granted; if such fees are 
not paid or not paid in full within the time limit, the registration of the grant of the patent right shall 
be deemed not to have been made.   Article 98   The annual fee of a patent right after the year in which the patent is granted shall 
be paid before the expiration of the preceding year. If the patentee fails to pay or pay in full the fee, 
the patent administration department of the State Council shall notify the patentee that he or it is 
required to pay the fee or to make up the insufficiency within six months from the date of expiration of the time limit within which the annual fee is due to be paid, and at  the same time pay a surcharge; 
the amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the IP/N/1/CHN/P/3 
Page 28  
 
  annual fee of the year within which the annual fee is  due to be paid; if the fee and the surcharge are 
not paid within the time limit, the patent right sha ll lapse from the date of expiration of the time limit 
within which the annual fee should be paid.   Article 99   A fee for requesting restoration of rights shall be paid within the relevant time 
limit prescribed in these Rules; 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. 
 
 A fee for requesting extension of a time limit shall be paid before the date of expiration of the 
relevant time limit; if the fee is not paid or not paid  in full within the time limit, the request shall be 
deemed not to have been made. 
 
 A fee for making a change in the bibli ographic data, a fee for requesting a patent  right 
assessment report and a fee for requ esting invalidation of a patent sh all be paid within one month 
from the date on which such request is filed; if the f ee is not paid or not paid in full within the time 
limit, the request shall be deemed not to have been made. 
 
 Article 100   Where any applicant or patentee has difficulties in paying the various fees 
prescribed in these Rules, he or it may, in acco rdance with the provisions, submit a request to the 
patent administration department of the State Counc il for a reduction or postponement of the payment. 
Measures for the reduction and postponement of  the payment shall be prescribed by the  finance 
department of the State Council in conjunction with the price administration department of the State 
Council and the patent administration department of the State Council.  
Chapter X  Special Provisions Concerning International Application 
  Article 101   The patent administration department of 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.   With regard to an international patent a pplication filed under the Patent Cooperation Treaty 
designating China (hereinafter referred to as the international application), the requirements and 
procedures for entering the phase of process conducted by the patent administration department of the 
State Council (hereinafter referred to as entering the Chinese national phase) shall be subject to the 
provisions prescribed in this Chapter; where there ar e no such provisions in this Chapter, the relevant 
provisions in the Patent Law and in any ot her chapters of these Rules shall apply. 
 
 Article 102   Any international application which has been accorded an international date of 
filing in accordance with the Patent Cooperation Treaty and which has designated China shall be 
deemed as an application for patent filed with the patent administration department of the State 
Council, and the said international date of filing shal l be deemed as the date of filing referred to in 
Article 28 of the Patent Law.  
 Article 103   Any applicant for an international appl ication shall, within 30 months from the 
priority date as referred to in Article 2 of the Pate nt Cooperation Treaty (referred to as "the priority 
date" in this chapter), go through the formaliti es for entering the Chinese national phase with the 
patent administration department of the State C ouncil; if the applicant fails to go through the said 
formalities within the said time limit, he or it may, after paying a surcharge for the late entry, go 
through the formalities for entering the Chinese na tional phase within 32 months from the priority 
date.   IP/N/1/CHN/P/3 
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   Article 104  Where the applicant goes through the formalities for entering the Chinese 
national phase  in accordance with the provisions of Article 103 of these Rules, he or it shall meet the 
following requirements:   (1) submitting in Chinese a written statemen t for entering the Chinese national phase, 
whereby indicating the number of the international a pplication and the type of the patent right sought; 
  (2) paying the filing fee and the printing fee for publishing the application prescribed in the 
first paragraph of Article 93 of these Rules and, where  necessary, the surcharge for the late entry 
prescribed in Article 103 of these Rules; 
 
 (3) submitting the Chinese translation of th e description and the claims of the initial 
international application where an internationa l application is filed in a foreign language; 
  (4) indicating in the written statement for en tering the Chinese national phase the title of the 
invention-creation, the name or title of the applican t, the address of the applicant and the name of the 
inventor, all of which shall be in conformity with those recorded in the International Bureau under the 
World Intellectual Property Organization (hereafter refe rred to as the International Bureau); indicating 
the name of the inventor in the said statement where the inventor is not indicated in the international 
application;  
 (5) where an international application is f iled in a foreign language, submitting the Chinese 
translation of the abstract and submitting a copy of  the drawings and a copy of the drawing of the 
abstract if there are drawings and the drawing of th e abstract, in which the text matter of the drawings, 
if any, shall be replaced by the corresponding text matter in Chinese; where the international 
application is filed in Chinese, submitting a copy of  the abstract and a copy of the drawing of the 
abstract which are contained in the docu ments of the international publication; 
  (6) where the formalities have been gone thro ugh with the International Bureau in the 
international phase in respect of a change of the applicant, submitting the documents certifying that 
the applicant as changed is entitled to the application; and  
 (7) paying the additional fee for filing the app lication when necessary, as prescribed in the 
first paragraph of Article 93 of these Rules.   Where the requirements set forth in subparagraphs  (1) to (3) of the first paragraph of this 
Article are met, the patent administration depart ment of the State Council shall issue the filing 
number, indicate clearly the date of entry of the international application into the Chinese national 
phase (hereafter referred to as the date of entry), and notify the applicant that his or its international 
application has entered the Chinese national phase.   Where, after entering the Chinese national phase, it is found that an international application 
does not meet the requirements as set forth in subparagr aphs (4) to (7) of the first paragraph of this 
Article, the patent administration department of the State Council shall notify the applicant that he or 
it is required to make corrections within a specified  time limit; if the applicant fails to do so, the 
application shall be deemed to have been withdrawn.   Article 105   Where an international application falls under any of the following 
circumstances, the effect of the application in China shall cease: 
  (1) in the international phase, the interna tional application is withdrawn or deemed 
withdrawn, or the designation of China of th e international application is withdrawn; 
 IP/N/1/CHN/P/3 
Page 30  
 
   (2) the applicant fails to go through the fo rmalities for entering th e Chinese national phase 
within 32 months from the priority date in acco rdance with the provisions of Article 103 of these 
Rules; or   (3) while going through the formalities for ente ring the Chinese national phase, the applicant 
fails to fulfill the requirements of subparagraphs (1) to (3) of Article 104 of these Rules at the 
expiration of the time limit of 32 months from the date of priority.   Where the effect of an international app lication ceases in China in accordance with the 
provisions of subparagraph (1) of the preceding para graph, the provisions of Article 6 of these Rules 
shall not apply; where the effect of an interna tional application ceases in Ch ina in accordance with the 
provisions of subparagraph (2) or (3) of the pr eceding paragraph, the provisions of the second 
paragraph of Article 6 of these Rules shall not apply. 
  Article 106   Where an international application is amended in the international phase and the 
applicant requests that the examination be based on the amended application, the Chinese translation 
of the amendments shall be furnished within two months from the date of entry. Where the Chinese 
translation is not furnished within the said time li mit, the amendments made by the applicant in the 
international phase shall not be taken into consider ation by the patent administration department of 
the State Council.  
 Article 107   Where an invention-creation for which an  international application is filed falls 
under any of the circumstances prescribed in subparag raph (1) or (2) of Article 24 of the Patent Law 
and a statement has been made in this respect when the international application is filed, the applicant  
shall indicate it in the  written statement for entering the Chinese national phase and, within two 
months from the date of entry, furnish the rele vant certifying documents prescribed in the third 
paragraph of Article 30 of these Rules; if the app licant fails to indicate it or furnish the relevant 
certifying documents  within the said time limit, the provisions of Article 24 of the Patent Law shall 
not apply to his or its application.   Article 108   Where the applicant has made indi cations concerning deposited biological 
materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements 
provided for in subparagraph (3) of Article 24 of th ese Rules shall be deemed to have been fulfilled. 
In the statement for entering the Chinese national phase, the applicant sha ll indicate the documents 
recording the particulars of the deposit of biological materials, and the exact location of the record in 
the documents.  
 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 for entering the Chinese national phase, the applicant shall make corrections within four 
months from the date of entry. If the applicant fails to do so at the expiration of the said time limit, the 
biological materials shall be deem ed not to have been deposited. 
 
 Where, within four months from the date of entry, the applicant submits the certificate of 
deposit and that of viability of biological materials to  the patent administration department of the State 
Council, the biological materials shall be deemed  to have been deposited within the time limit as 
provided for in subparagraph (1) of Article 24 of these Rules.  
 Article 109  Where an invention-creation for which an international application is filed is 
accomplished relying on the use of genetic resourc es, the applicant shall indicate the fact in the 
written statement for entering the Chinese national phase,  and fill in the forms provided by the patent 
administration department of the State Council.   IP/N/1/CHN/P/3 
 Page 31 
 
 
   Article 110   Where the applicant claims one or mult iple priorities in the international phase 
and such claims remain valid at the time when th e application enters the Chinese national phase, the 
applicant shall be deemed to have submitted a writte n declaration in accordance with the provisions of 
Article 30 of the Patent Law.  
 The applicant shall pay the fee for claiming priori ty within two months from the date of entry; 
if the fee is not paid or not paid in full within the time limit, the priority shall be deemed not to have 
been claimed.   Where the applicant has submitted a copy of th e earlier application in the international phase 
in accordance with the provisions of the Patent C ooperation Treaty, he or it shall be exempted from 
submitting a copy of the earlier application to the patent administration department of the State Council at the time when going through the fo rmalities for entering the Chinese national phase. 
Where the applicant has not submitted a copy of the earlier application in the international phase, the 
patent administration department of the State Council may, if it deems necessary, notify the applicant 
that he or it is required to submit a copy of the ear lier application within a specified time limit; if no 
copy is submitted at the expiration of the specified ti me limit, his or its claim for priority shall be 
deemed not to have been made.   Article 111   Where, before the expiration of 30 m onths from the priority date, the applicant 
files a request with the patent administration depa rtment of the State Council for early processing and 
examination of his or its interna tional application, he or it shall, in addition to going through the 
formalities for entering the Chinese national phase, s ubmit a request in accordance with the provisions 
of the second paragraph of Article 23 of the Pa tent Cooperation Treaty. Where the international 
application has not been transmitted by the Inte rnational Bureau to the patent administration 
department of the State Council, the applicant sh all submit a certified copy of the international 
application. 
  Article 112   With regard to an international appli cation for a patent for utility model, the 
applicant may amend the application documents  on his or its own initiative within two months from 
the date of entry.  
 With regard to an international application fo r a patent for invention, the provisions of the 
first paragraph of Article 51 of these Rules shall apply. 
  Article 113   Where the applicant finds that there are mistakes in the Chinese translation of the 
description, the claims or the text matter in th e drawings as submitted, he or it may correct the 
translation within the following time limits in accord ance with the international application as filed: 
  (1) before the completion of preparations for publication of an application for a patent for 
invention or announcement of a patent right for utilit y model by the patent administration department 
of the State Council; and  
 (2) within three months from the date of receipt of the notification sent by the patent 
administration department of the State Council, stati ng that an application for a patent for invention 
has entered into examination as to substance.   Where the applicant intends to correct the mistak es in the translation, he or it shall file a 
written request and pay the prescribed fee for the correction of the translation. 
  Where the applicant corrects the translation as required by the notification from the patent 
administration department of the State Council, he or  it shall, within a specified time limit, go through 
the formalities prescribed in the second paragraph of this Article; if the prescribed formalities are not IP/N/1/CHN/P/3 
Page 32  
 
  gone through at the expiration of the time limit, the international application shall be deemed to have 
been withdrawn.   Article 114   Where the patent administration departme nt of the State Council considers, after 
preliminary examination, that an international app lication for a patent for invention complies with the 
relevant provisions of the Patent Law and these Rul es, it shall publish the application in the Patent 
Gazette; where the international application is f iled in a language other than Chinese, the Chinese 
translation of the international application shall be published. 
  Where the international publication of an inte rnational application for a patent for invention 
by the International Bureau is in Chinese, the pr ovisions of Article 13 of the Patent Law shall apply 
from the date of the international publication; if the international publicatio n by the International 
Bureau is in a language other than Chinese, the provi sions of Article 13 of the Patent Law shall apply 
from the date of the publication of the Chinese translation by the patent administration department of 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 the first paragraph of this Article. 
  Article 115   Where two or more inventions or utility models are contained in an international 
application, the applicant may, from the date of entry, submit a divisional application in accordance 
with the provisions of the first pa ragraph of Article 42 of these Rules. 
  Where, in the international phase, some part s of an international application are not the 
subject of international search or international preliminary examination because the International 
Searching Authority or the International Prelim inary Examination Authority considers that the 
international application does not comply with the re quirement of unity of invention prescribed in the 
Patent Cooperation Treaty, and because the applican t fails to pay the additional fee as prescribed, 
whereas at the time of going through the form alities for entering the Chinese national phase, the 
applicant requests that the said parts be the basis of  examination, the patent administration department 
of the State Council, finding that the decision concer ning unity of invention made by the International 
Searching Authority or the International Preliminar y Examination Authority is justified, shall notify 
the applicant that he or it is required to pay the restoration fee for unity of invention within a specified 
time limit. If the fee is not paid or not paid in full at the expiration of the specified time limit, those parts of the international applica tion which have not been searched or  have not been the subject of 
international preliminary examination sha ll be deemed to have been withdrawn. 
 
 Article 116   Where an international application in the international phase has been refused to 
be accorded an international date of filing or h as been declared to be deemed withdrawn by an 
international authority concerned, the applicant may,  within two months from the date of receipt of 
the notification, request the International Bureau to  send the copy of any document in the file of the 
international application to the patent administra tion department of the State Council, and shall go 
through the formalities prescribed in Article 103 of these Rules with the patent administration 
department of the State Council within the said time limit. After receiving the documents sent by the 
International Bureau, the patent administration de partment of the State Council shall review the 
decision made by the international authority concerned to find whether it is correct.   Article 117   Where, with regard to a patent right  granted on the basis of an international 
application, the scope of protection determined  in accordance with the provisions of Article  59 of the 
Patent Law exceeds the scope of the international application in its original language because of 
incorrect translation, the scope of protection gr anted to the international application shall be 
determined according to what is limited in the orig inal language of the application; where the scope of 
protection granted to the international application is  narrower than the scope of the application in its  IP/N/1/CHN/P/3 
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  original language, the scope of protection shall be  determined according to the patent when it is 
granted.  
Chapter XI  Supplementary Provisions 
  Article 118   Any person may, after approval by the patent administration department of the 
State Council, consult or copy the files of the publis hed or announced patent a pplications or the Patent 
Register, and any person may request the patent ad ministration department of the State Council to 
issue a copy of extracts from the Patent Register.  
 Where a patent application is withdrawn or deemed withdrawn or is rejected, the files of the 
application shall not be preserved after the expi ration of two years from the date on which the 
application ceases to be valid.   Where the patent right is abandoned, wholly i nvalidated or ceased, the files of the patent shall 
not be preserved after the expiration of three years from the date on which the patent right ceases to be 
valid.   Article 119   Any application which is filed with, or any formality which is gone through 
with, the patent administration department of the State Council, shall be signed or sealed by the applicant, the patentee, any other interested person or  his or its representative, and shall be sealed by a 
patent agency if such agency is appointed. 
  Where a change in the name of the inventor, or in the name or title, nationality and address of 
the applicant or the patentee, or in  the title and address of the patent agency or the name of the patent 
agent is requested, a request for a change in the bi bliographic data shall be submitted to the patent 
administration department of the State Council, t ogether with the relevant certifying documents. 
  Article 120   Any document relating to a patent applica tion or patent right which is to be sent 
by mail to the patent administration department of th e State Council, shall be sent by registered letter, 
not by parcel.  
 With regard to any document which is submitte d to, or any formality which is gone through 
with, the patent administration department of the State Council, except for a patent  application filed 
for the first time, the filing number or the patent number, the title of the invention-creation and the 
name or title of the applicant or the patentee shall be indicated.  
 Only documents relating to the same app lication shall be included in one letter. 
  Article 121   Various kinds of applica tion documents shall be type d or printed, and all the 
characters shall be in black ink, neat and clear, and free from any alterations. The drawings shall be 
made in black ink with the aid of drafting instrume nts, and the lines shall be uniformly thick and well 
defined, and free from any alterations. 
 
 The request, description, claims, drawings and abstract shall be numbered separately in Arabic numerals and arranged in numerical order.   The written language of an application shall run from left to right. Only one side of each sheet 
shall be used. 
  Article 122   The patent administration department  of the State Council shall formulate 
Guidelines for Examination in accordance with the Patent Law and these Rules. 
 IP/N/1/CHN/P/3 
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   Article 123   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 China 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, 1992, shall be repealed simultaneously.  
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