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"Regulations on Patent Electronic Applications" (No. 57)
"Regulations on Patent Electronic Applications" (No. 57)

"Regulations on Patent Electronic Applications" (No. 57)

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"Regulations on Patent Electronic Applications" (No. 57)

No. 57

The "Regulations on Patent Electronic Applications" has been reviewed and approved by the Bureau of the Council and is hereby promulgated and will be implemented as of October 1, 2010.

Director Tian Lipu

2010

August 26


Provisions on patent electronic applications

Article 1 In order to regulate the procedures and requirements related to patent applications (hereinafter referred to as patent electronic applications) transmitted through the Internet and in the form of electronic documents, it is convenient for applicants to submit patent applications, improve the efficiency of patent examination and approval, and promote the construction of e-government. These Regulations are formulated in Articles 2 and 15 of the Implementing Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the Implementing Rules of the Patent Law).


Article 2 Where an electronic application for a patent is filed, the User Registration Agreement for the Patent Electronic Application System (hereinafter referred to as the User Agreement) shall be signed with the State Intellectual Property Office in advance.

A patent agency that establishes a patent electronic application agency business shall sign a user agreement with the State Intellectual Property Office in the name of the patent agency.

If the applicant entrusts a patent agency that has signed a user agreement with the State Intellectual Property Office to handle the patent electronic application business, there is no need to sign a user agreement with the State Intellectual Property Office.


Article 3 If the applicant has more than two persons and has not entrusted a patent agency, the applicant who submits the electronic application shall be the representative.

A Patent Application entering China's national phase in accordance with the provisions of Article 101, paragraph 2 of the Implementing Rules of the Patent Law may be submitted in electronic form.

If an international patent application is filed with the State Intellectual Property Office in accordance with the provisions of Article 101, paragraph 1, of the Implementing Rules of the Patent Law, these provisions shall not apply.


Article 5 Where the invention or creation of a patent application involves national security or a major interest requires confidentiality, a patent application shall be filed in paper form.

After the applicant has filed a patent application in the form of an electronic file, if the State Intellectual Property Office considers that the patent application requires confidentiality, it shall forward the patent application to a paper form and continue to examine and notify the applicant. Applicants should submit various documents in paper form in the follow-up procedure.

In the case of applying for a patent directly to a foreign country or submitting an international patent application to a foreign institution in accordance with Article 8(2)(1) of the Implementing Regulations of the Patent Law, the applicant shall submit a confidentiality review request and technical proposal to the State Intellectual Property Office for paper. The form is presented.


Article 6 Where an electronic application for patents and related documents are submitted, the prescribed file format, data standards, operational specifications and transmission methods shall be observed. If the patent electronic application and related documents are not properly received by the Patent Electronic Application System of the State Intellectual Property Office, it shall be deemed unsubmitted.


Article 7 Where an applicant applies for various formalities for electronic application for patents, it shall submit relevant documents in the form of electronic documents. Unless otherwise specified, the State Intellectual Property Office does not accept relevant documents submitted by the applicant in paper form. If the provisions of this paragraph are not met, the relevant documents are deemed not to be submitted.

After filing a patent application in paper form and accepting it, the applicant may request that the paper application be converted into a patent electronic application, except for patent applications involving national security or significant interests that require confidentiality.

In the special case, if the patent electronic application needs to be converted into a paper application, the applicant shall make a request and may apply to the paper application after being examined and approved by the State Intellectual Property Office and handling relevant procedures.


Article 8 Where the applicant handles various formalities for electronic application for patents, the applicant may submit an electronic scanned document of the original in the relevant documents as stipulated in the Patent Law and its Implementation Rules or the Patent Examination Guidelines. When the State Intellectual Property Office deems it necessary, it may require the applicant to submit the original within the specified time limit.

Where the applicant requests to reduce or pay the various fees stipulated in the Regulations of the Patent Law when submitting the patent electronic application, the applicant shall submit the relevant supporting documents, and the electronic scanning documents of the original documents shall be submitted at the time of filing the patent application. If the electronic scanned document is not submitted, it shall be deemed that the relevant supporting documents have not been submitted.


Article 9 The documents submitted to the State Intellectual Property Office in the form of electronic documents shall be submitted on the date of receipt of the electronic documents by the Patent Electronic Application System of the State Intellectual Property Office.

For patent electronic applications, various notices, decisions or other documents issued by the State Intellectual Property Office to the applicant in the form of electronic documents shall be presumed to be the date on which the applicant receives the documents, 15 days after the date of issuance of the documents.


Article 11 These Provisions shall be interpreted by the State Intellectual Property Office.


Article 12 These Provisions shall come into force on October 1, 2010. The "Regulations on Electronic Patent Applications" promulgated by the State Intellectual Property Office Order No. 35 on February 12, 2004 shall be repealed at the same time.



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