Order of the State Council of the People's Republic of China
No. 769
The Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China is hereby announced, which shall come into effect on January 20, 2024.
Premier Li Qiang
December 11, 2023
The State Council on Amending the Regulations of the People's Republic of China
Decision on the Implementation Regulations of the Patent Law
The State Council has decided to make the following amendments to the Implementing Regulations of the Patent Law of the People's Republic of China:
1、 The various procedures stipulated in the Patent Law and these Implementing Regulations shall be handled in writing or in other forms prescribed by the patent administrative department of the State Council. Data messages (hereinafter referred to as electronic forms) that can tangibly express the contents of the documents and can be accessed and used at any time through electronic data exchange shall be deemed to be in written form
2、 Change the second paragraph of Article 4 to the third paragraph, where "may be delivered to the parties by mail, direct delivery or other means" is modified to "may be delivered to the parties by electronic form, mail, direct delivery or other means".
Add a new paragraph as the second paragraph: "For documents submitted in electronic form to the patent administration department of the State Council, the date of entry into a specific electronic system designated by the patent administration department of the State Council shall be deemed as the submission date
The third paragraph shall be changed to the fourth paragraph and revised as follows: "All kinds of documents mailed by the patent administration department of the State Council shall be presumed to have been received by the parties concerned after 15 days from the date of issuance of the documents. If the parties provide evidence to prove the actual date of receipt of the documents, the actual date of receipt shall prevail
Add a new paragraph as the seventh paragraph: "For various documents delivered in electronic form by the patent administration department of the State Council, the date of entry into the electronic system recognized by the parties shall be deemed as the date of delivery
3、 The first day of various time limits stipulated in the Patent Law and these Implementing Regulations shall not be counted within the time limit "in Article 5 shall be revised to" The day on which various time limits stipulated in the Patent Law and these Implementing Regulations begin shall not be counted within the time limit, but shall be counted from the next day ".
4、 The first paragraph of Article 6 shall be amended as follows: "If a party delays the time limit prescribed by the Patent Law or these Implementing Regulations or the time limit designated by the patent administration department under the State Council due to force majeure, resulting in the loss of its rights, it may request the restoration of its rights from the patent administration department under the State Council within 2 months from the date of elimination of obstacles and within 2 years from the date of expiration of the time limit
The second paragraph is amended as follows: "Except for the circumstances specified in the preceding paragraph, if a party delays the deadline stipulated in the Patent Law or these Implementing Regulations or the deadline designated by the patent administration department under the State Council for other justifiable reasons, resulting in the loss of its rights, it may request the restoration of its rights to the patent administration department under the State Council within 2 months from the date of receipt of the notice from the patent administration department under the State Council; however, if the deadline for the request for reexamination is delayed, it may request the restoration of its rights to the patent administration department under the State Council within 2 months from the date of expiration of the deadline for the request for reexamination
The fourth paragraph shall be amended as follows: "If a party requests an extension of the time limit designated by the patent administration department under the State Council, it shall submit a request for extension to the patent administration department under the State Council before the expiration of the time limit, explain the reasons, and handle relevant procedures
5、 Article 9 shall be amended as follows: "If the patent administrative department of the State Council receives a request submitted in accordance with Article 8 of these Rules and, after examination, considers that the invention or utility model may involve national security or significant interests and needs to be kept confidential, it shall issue a confidentiality examination notice to the applicant within 2 months from the date of submission of the request; if the situation is complex, it may be extended by 2 months.
If the patent administration department of the State Council notifies the confidentiality examination in accordance with the provisions of the preceding paragraph, it shall make a decision on whether confidentiality is required within 4 months from the date of submission of the request and notify the applicant; if the situation is complex, it may be extended for 2 months
6、 Add one as Article 11: "Patent applications shall follow the principle of good faith and trustworthiness. All types of patent applications shall be based on genuine invention and creation activities, and shall not be falsified
7、 Add a new article as Article 16: "Patent work should implement the strategic deployment of the Party and the state on intellectual property rights, enhance the level of patent creation, utilization, protection, management, and service in China, support comprehensive innovation, and promote the construction of an innovative country.
The patent administrative department of the State Council shall enhance its ability to provide public services for patent information, publish patent information in a complete, accurate, and timely manner, provide basic patent data, and promote the open sharing and interconnection of patent related data resources
8、 Article 15 shall be changed to Article 17, and the first and second paragraphs shall be merged as the first paragraph, which shall be revised as follows: "Those who apply for a patent shall submit the application documents to the patent administration department under the State Council. The application documents shall meet the prescribed requirements
9、 Add a new article as Article 18: "If a patent agency is entrusted to apply for patents and handle other patent affairs in China in accordance with the provisions of Article 18 (1) of the Patent Law, and the following matters are involved, the applicant or patentee may handle them on their own:
(1) For applications claiming priority, submit a copy of the first patent application (hereinafter referred to as the prior application) document;
(2) Payment of fees;
(3) Other matters prescribed by the patent administration department of the State Council
10、 Article 17 shall be changed to Article 20, and the fourth paragraph shall be revised as follows: "If an invention patent application contains one or more nucleotide or amino acid sequences, the specification shall include a sequence list that complies with the regulations of the patent administration department under the State Council
11、 Article 23 shall be changed to Article 26, and the second paragraph shall be revised as follows: "The abstract of the specification may include the chemical formula that best illustrates the invention; for patent applications with accompanying drawings, a specification drawing that best illustrates the technical features of the invention or utility model shall also be designated in the request as the abstract drawing. Commercial advertising language shall not be used in the abstract
12、 Article 27 shall be changed to Article 30 and revised as follows: "The applicant shall submit relevant pictures or photographs of the content that needs to be protected for each design product.
For those applying for a partial design patent, a view of the entire product should be submitted, and the content of the part that needs to be protected should be indicated by a combination of dashed and solid lines or other means.
If the applicant requests color protection, they shall submit color pictures or photographs
13、 Article 28 shall be changed to Article 31, and a new paragraph shall be added as the third paragraph: "Where a partial design patent is applied for, the part for which protection is requested shall be clearly stated in the brief description, except for those indicated by a combination of dashed and solid lines in the overall product view
The third paragraph shall be changed to the fourth paragraph and revised as follows: "A brief explanation shall not use commercial promotional language, nor shall it describe the performance of the product
14、 Article 30 shall be changed to Article 33, and the second paragraph shall be revised as follows: "The academic or technical conference referred to in Article 24 (3) of the Patent Law means an academic or technical conference organized by the relevant competent department of the State Council or a national academic organization, as well as an academic or technical conference recognized by the relevant competent department of the State Council and convened by an international organization
The third paragraph is amended as follows: "If the invention or creation for which a patent is applied falls under the circumstances listed in Article 24 (2) or (3) of the Patent Law, the applicant shall make a declaration at the time of filing the patent application and submit proof of the invention or creation that has been exhibited or published, as well as the date of exhibition or publication, within 2 months from the date of filing
The phrase 'Article 24 (3) of the Patent Law' in the fourth paragraph is amended to 'Article 24 (1) or (4) of the Patent Law'.
15、 Article 32 shall be changed to Article 35 and revised as follows: "The applicant may claim one or more priority rights in a patent application; if multiple priority rights are claimed, the priority period of the application shall be calculated from the earliest priority date.
If the applicant for an invention or utility model patent claims domestic priority, and the prior application is an invention patent application, an invention or utility model patent application may be filed for the same subject matter; if the prior application is a utility model patent application, a utility model or invention patent application may be filed for the same subject matter. If the applicant for a design patent claims domestic priority, and the prior application is an invention or utility model patent application, a design patent application for the same subject matter as the design shown in the drawings may be filed; if the prior application is a design patent application, a design patent application for the same subject matter may be filed. However, if the subject matter of the prior application falls under any of the following circumstances when filing the subsequent application, it shall not be used as a basis for claiming domestic priority:
(1) Where foreign priority or domestic priority has already been claimed;
(2) Those who have already been granted patent rights;
(3) Belongs to divisional applications submitted in accordance with regulations.
If the applicant claims domestic priority, the earlier application shall be deemed withdrawn from the date of filing of the later application, except for the case where the applicant for a design patent requests to use an invention or utility model patent application as the basis for domestic priority
16、 Add a new article as Article 36: "If an applicant submits an invention or utility model patent application for the same subject matter to the patent administration department under the State Council beyond the time limit prescribed in Article 29 of the Patent Law and has justifiable reasons, they may apply for restoration of priority within 2 months from the expiration of the time limit
17、 Add a new article as Article 37: "If an applicant for an invention or utility model patent claims priority, they may request to add or correct the priority claim in the request within 16 months from the priority date or within 4 months from the application date
18、 Add a new article as Article 45: "If an invention or utility model patent application lacks or incorrectly submits the claims, specification or part of the claims, specification, but the applicant claims priority on the filing date, it may be supplemented by citing the prior application documents within 2 months from the filing date or within the time limit designated by the patent administration department under the State Council. If the supplemented documents comply with relevant regulations, the filing date of the first submitted document shall be deemed as the filing date
19、 Article 44 shall be changed to Article 50, and the first paragraph shall be revised as follows: "The preliminary examination referred to in Articles 34 and 40 of the Patent Law refers to the examination of whether the patent application contains the documents and other necessary documents stipulated in Articles 26 or 27 of the Patent Law, whether these documents comply with the prescribed format, and the examination of the following items:
(1) Whether the invention patent application clearly falls under the circumstances stipulated in Article 5 and Article 25 of the Patent Law, whether it does not comply with the provisions of Article 17, Article 18 (1), Article 19 (1) of the Patent Law or Article 11, Article 19, and Article 29 (2) of these Rules, whether it clearly does not comply with the provisions of Article 2 (2), Article 26 (5), Article 31 (1), Article 33 of the Patent Law or Articles 20 to 24 of these Rules;
(2) Whether the utility model patent application clearly falls under the circumstances stipulated in Article 5 and Article 25 of the Patent Law, whether it does not comply with the provisions of Article 17, Article 18 (1), Article 19 (1) of the Patent Law, or Articles 11, 19 to 22, and 24 to 26 of these Implementing Regulations, whether it clearly does not comply with the provisions of Article 2 (3), Article 22, Article 26 (3), Article 26 (4), Article 31 (1), Article 33 of these Implementing Regulations, or whether it cannot obtain a patent right in accordance with Article 9 of the Patent Law;
(3) Whether the design patent application clearly falls under the circumstances stipulated in Article 5, Article 25 (1) (6) of the Patent Law, whether it does not comply with the provisions of Article 17, Article 18 (1) of the Patent Law or Articles 11, 19, 30, and 31 of these Rules, whether it clearly does not comply with the provisions of Article 2 (4), Article 23 (1), Article 23 (2), Article 27 (2), Article 31 (2), Article 33, or Article 49 (1) of these Rules of the Patent Law, and whether it cannot obtain a patent right in accordance with Article 9 of the Patent Law;
(4) Whether the application documents comply with the provisions of Article 2 and Article 3, paragraph 1 of these detailed rules
20、 Change Article 50 to Article 56 and add a new paragraph as the second paragraph: "The applicant may request a delay in examination of the patent application
21、 Article 53 shall be changed to Article 59 and revised as follows: "According to Article 38 of the Patent Law, the circumstances in which an invention patent application should be rejected after substantive examination refer to:
(1) The application falls under the circumstances stipulated in Article 5 or Article 25 of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law;
(2) The application does not comply with the provisions of Article 2 (2), Article 19 (1), Article 22, Article 26 (3), Article 26 (4), Article 26 (5), Article 31 (1) of the Patent Law, or Article 11 and Article 23 (2) of these Implementing Regulations;
(3) The amendment of the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Article 49 (1) of these Implementing Regulations
22、 After the announcement of the decision to grant a utility model or design patent right, the patentee, interested parties, or accused infringer as stipulated in Article 66 of the Patent Law may request the patent administrative department of the State Council to make a patent evaluation report. The applicant may request the patent administrative department of the State Council to make a patent evaluation report when handling the patent registration procedures
The second paragraph shall be revised as follows: "If a request is made for a patent evaluation report, a request for a patent evaluation report shall be submitted, specifying the patent application number or patent number. Each request shall be limited to one patent application or patent right
23、 Article 57 shall be changed to Article 63 and revised as follows: "The patent administration department under the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. However, if the applicant requests a patent evaluation report when handling the patent registration procedures, the patent administration department under the State Council shall make a patent evaluation report within 2 months from the date of announcement of the grant of the patent right.
If multiple claimants request a patent evaluation report for the same utility model or design patent, the patent administration department under the State Council shall only issue one patent evaluation report. Any unit or individual may consult or copy the patent evaluation report
24、 Delete Article 59, Paragraph 2 of Article 61, and Article 62.
25、 Article 63 shall be changed to Article 67 and revised as follows: "If the patent administrative department under the State Council, after conducting a reexamination, considers that the request for reexamination does not comply with the relevant provisions of the Patent Law and these Implementing Regulations, or if there are other obvious violations of the relevant provisions of the Patent Law and these Implementing Regulations in the patent application, it shall notify the requester of reexamination and require them to state their opinions within a specified time limit. If no response is received within the time limit, the request for reexamination shall be deemed withdrawn; if, after stating their opinions or making modifications, the patent administrative department under the State Council still considers that it does not comply with the relevant provisions of the Patent Law and these Implementing Regulations, it shall make a reexamination decision to reject.
If the patent administrative department of the State Council, after conducting a reexamination, considers that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Implementing Regulations, or considers that the amended patent application documents eliminate the defects pointed out in the original rejection decision and the reexamination notice, the original rejection decision shall be revoked and the examination procedure shall continue
26、 Article 65 shall be changed to Article 69, and the second paragraph shall be revised as follows: "The reason for the request for invalidation referred to in the preceding paragraph refers to the fact that the invention or creation for which a patent has been granted does not comply with the provisions of Article 2, Article 19 (1), Article 22, Article 23, Article 26 (3), Article 26 (4), Article 27 (2), Article 33 of the Patent Law, or Article 11, Article 23 (2), Article 49 (1) of these Implementing Regulations, or falls under the circumstances stipulated in Article 5 or Article 25 of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law
27、 Article 69 shall be changed to Article 73, and the first paragraph shall be amended as follows: "During the examination process of a request for invalidation, the patentee of an invention or utility model patent may modify its claims, but shall not expand the scope of protection of the original patent. If the State Council's patent administration department makes a decision to maintain the validity of the patent right or declare the patent right partially invalid on the basis of the modified claims, it shall publish the amended claims
28、 Add a chapter as Chapter 5, titled "Compensation for Patent Term", which includes Articles 77 to 84.
29、 Add a new article as Article 77: "If the patentee requests compensation for the duration of the patent right in accordance with the provisions of Article 42 (2) of the Patent Law, the patentee shall submit it to the patent administration department under the State Council within three months from the date of announcement of the grant of the patent right
30、 Add a new article as Article 78: "If compensation for the duration of a patent right is granted in accordance with Article 42 (2) of the Patent Law, the compensation period shall be calculated based on the actual number of days that the invention patent was unreasonably delayed during the authorization process.
The actual number of days of unreasonable delay in the granting process of an invention patent referred to in the preceding paragraph refers to the interval between the date of the invention patent application and the date of the substantive examination request, which is 4 years and 3 years respectively, and the date of the announcement of the grant of the patent right, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant.
The following situations are considered reasonable delays:
(1) Delay caused by the reexamination procedure if a patent right is granted after modifying the patent application documents in accordance with Article 66 of these Rules;
(2) Delay caused by the circumstances stipulated in Articles 103 and 104 of these detailed rules;
(3) Delay caused by other reasonable circumstances.
If the same applicant applies for both a utility model patent and an invention patent for the same invention or creation on the same day and obtains an invention patent right in accordance with the provisions of Article 47 (4) of these Implementing Regulations, the term of the invention patent right shall not be subject to the provisions of Article 42 (2) of the Patent Law
31、 Add one article as Article 79: "The unreasonable delay caused by the applicant as stipulated in Article 42 (2) of the Patent Law includes the following situations:
(1) Failure to respond to the notice issued by the patent administration department of the State Council within the specified time limit;
(2) Apply for deferred examination;
(3) Delay caused by the circumstances stipulated in Article 45 of these detailed rules;
(4) Other unreasonable delays caused by the applicant
32、 Add a new article as Article 80: "The invention patents related to new drugs referred to in Article 42 (3) of the Patent Law refer to patents for new drug products, preparation methods, and pharmaceutical uses that meet the requirements
33、 Add a new article as Article 81: "If a request for compensation for the duration of a new drug related invention patent is made in accordance with the provisions of Article 42 (3) of the Patent Law, the following requirements shall be met, and the request shall be submitted to the patent administration department of the State Council within 3 months from the date of obtaining the marketing authorization for the new drug in China:
(1) If the new drug has multiple patents at the same time, the patentee can only request compensation for the patent term of one of the patents;
(2) If a patent involves multiple new drugs at the same time, only one new drug can be requested for patent term compensation for that patent;
(3) The patent is valid and has not yet received compensation for the patent term of a new drug related invention
34、 Add a new article as Article 82: "If compensation for the patent right term is granted in accordance with the provisions of Article 42 (3) of the Patent Law, the compensation term shall be determined based on the number of days between the application date of the patent and the date on which the new drug is granted marketing authorization in China, minus 5 years, in accordance with the provisions of Article 42 (3) of the Patent Law
35、 Add a new article as Article 83: "During the compensation period of the patent right, the scope of protection of a new drug related invention patent shall be limited to the new drug and its approved indications related technical solutions; within the scope of protection, the rights and obligations enjoyed and undertaken by the patentee shall be the same as before the compensation period of the patent right
36、 Add one article as Article 84: "After examining a request for patent term compensation submitted in accordance with the provisions of Article 42, paragraphs 2 and 3 of the Patent Law, the patent administration department of the State Council shall, if it deems that the compensation conditions are met, make a decision to grant term compensation and register and publish it; if the compensation conditions are not met, make a decision not to grant term compensation and notify the patentee who made the request
37、 Change Chapter 5 to Chapter 6 and rename it as "Special License for Patent Implementation".
38、 Add a new article as Article 85: "If the patentee voluntarily declares to open license their patent, they shall do so after the announcement of the grant of the patent right.
The open license statement shall specify the following:
(1) Patent number;
(2) The name or title of the patentee;
(3) Payment methods and standards for patent licensing fees;
(4) Patent license period;
(5) Other matters that need to be clarified.
The content of the open license statement should be accurate and clear, and commercial promotional language should not be used
39、 Add a new article as Article 86: "If a patent right falls under any of the following circumstances, the patentee shall not grant it an open license:
(1) The patent right is within the exclusive or exclusive license validity period;
(2) Belonging to the suspension situations stipulated in Article 103 and Article 104 of these detailed rules;
(3) Failure to pay annual fees in accordance with regulations;
(4) Patent rights are pledged without the consent of the pledgee;
(5) Other circumstances that hinder the effective implementation of patent rights
40、 Add a new article as Article 87: "If a patent implementation license is obtained through an open license, the patentee or licensee shall file with the patent administrative department of the State Council a written document that can prove the achievement of the license
41、 Add one article as Article 88: "The patentee shall not make an open license statement or obtain a reduction or exemption of patent annual fees during the implementation of the open license by providing false materials, concealing facts, or other means
42、 Article 76 shall be changed to Article 92, and the first paragraph shall be revised as follows: "The unit to which the patent right is granted may agree with the inventor or designer or stipulate in its rules and regulations formulated in accordance with the law the methods and amounts of rewards and remuneration as stipulated in Article 15 of the Patent Law. The unit to which the patent right is granted is encouraged to implement property rights incentives, such as equity, options, dividends, etc., to enable the inventor or designer to reasonably share the benefits of innovation
43、 Article 77 shall be changed to Article 93, and the first paragraph shall be revised as follows: "If the unit to which the patent right has been granted has not agreed with the inventor or designer, nor has it stipulated in its rules and regulations formulated in accordance with the law the method and amount of the reward provided for in Article 15 of the Patent Law, it shall pay the inventor or designer a bonus within three months from the date of announcement of the grant of the patent right. The minimum bonus for one invention patent shall not be less than 4000 yuan; the minimum bonus for one utility model patent or design patent shall not be less than 1500 yuan
44、 Article 78 shall be changed to Article 94 and revised as follows: "If the unit granted the patent right has not agreed with the inventor or designer on the method and amount of remuneration as stipulated in Article 15 of the Patent Law, nor has it stipulated in its rules and regulations formulated in accordance with the law, it shall provide reasonable remuneration to the inventor or designer in accordance with the provisions of the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements
45、 Article 79 shall be changed to Article 95 and revised as follows: "The departments in charge of patent work under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as the departments in charge of patent work under the people's governments of prefecture level cities, autonomous prefectures, leagues, regions, and municipalities directly under the Central Government with a large workload and actual processing capabilities, may handle and mediate patent disputes
46、 Delete Article 80.
47、 Add a new article as Article 96: "Any of the following circumstances shall constitute a patent infringement dispute with significant impact nationwide as referred to in Article 70 of the Patent Law:
(1) Involving significant public interests;
(2) Those that have a significant impact on the development of the industry;
(3) Major cases that cross provinces, autonomous regions, and municipalities directly under the central government;
(4) Other circumstances that the patent administration department of the State Council deems may have a significant impact.
If the patentee or interested party requests the patent administrative department of the State Council to handle a patent infringement dispute, and the relevant case does not belong to a patent infringement dispute with significant impact nationwide, the patent administrative department of the State Council may designate a department of the local people's government with jurisdiction to manage patent work for handling
48、 Add one article as Article 100: "If an applicant or patentee violates the provisions of Article 11 or Article 88 of these Implementing Regulations, the department responsible for patent enforcement at or above the county level shall give a warning and may impose a fine of up to 100000 yuan
49、 Article 84 shall be changed to Article 101, and the third paragraph shall be revised as follows: "If a person sells a product that is not known to be a counterfeit patent and can prove the legal source of the product, the patent enforcement department at or above the county level shall order the cessation of sales
50、 Article 86 shall be changed to Article 103, and the second paragraph shall be revised as follows: "If a request is made to suspend the relevant procedures in accordance with the provisions of the preceding paragraph, a request shall be submitted to the patent administration department under the State Council, explaining the reasons, and attaching a copy of the relevant acceptance documents indicating the application number or patent number from the department or people's court in charge of patent work. If the patent administration department under the State Council considers that the reasons for suspension proposed by the parties are obviously untenable, the relevant procedures may not be suspended
51. Change Article 89 to Article 106 and add a new item as the fifth item: "(5) Decryption of national defense patents and confidential patents".
Add one item as the ninth item: "(9) Compensation for Patent Term".
Add one item as the tenth item: "(10) Open license for patent implementation".
52. Article 90 shall be changed to Article 107, and the fifth item shall be revised as follows: "(5) Abstract of the specification of a utility model patent, a picture or photograph of a design patent".
Add one item as the ninth item: "(9) Compensation for Patent Term".
Add one item as the thirteenth item: "(13) Open licensing matters for patent implementation".
The thirteenth item is changed to the fifteenth item and revised as follows: "(15) Changes in the name, nationality, and address of the patentee.
53. Change Article 93 to Article 110 and delete the "patent registration fee, announcement printing fee" in the third item of the first paragraph.
The fifth item of the first paragraph is amended as follows: "(5) Fees for changes in bibliographic data, fees for requesting patent evaluation reports, fees for requesting invalidation, and fees for proving copies of patent documents.
The payment standards for the various fees listed in the preceding paragraph shall be formulated by the development and reform department and the finance department of the State Council in conjunction with the patent administration department of the State Council in accordance with their respective responsibilities. The finance department and the development and reform department of the State Council in conjunction with the patent administration department of the State Council may adjust the types and standards of fees to be paid for patent applications and other procedures based on actual circumstances
Article 94 shall be changed to Article 111, and the first paragraph shall be revised as follows: "All fees prescribed in the Patent Law and these Implementing Regulations shall be strictly paid in accordance with the regulations
Delete the second paragraph.
55. Change Chapter 10 to Chapter 11 and rename it as "Special Provisions on International Applications for Inventions and Utility Models".
Article 104 shall be amended as Article 121, and the fifth item of the first paragraph shall be revised as follows: "(5) For international applications filed in a foreign language, a Chinese translation of the abstract shall be submitted. If there are accompanying drawings and abstract drawings, a copy of the drawings shall be submitted and the abstract drawings shall be designated. If there are text in the drawings, they shall be replaced with the corresponding Chinese text.
The sixth item of the first paragraph shall be amended as follows: "(6) If the applicant has already completed the procedures for changing the applicant with the International Bureau in the international phase, if necessary, provide proof of the applicant's right to apply after the change.
57. Delete Article 121.
58. Add a new article as Article 128: "If the application date of an international application has been approved for restoration of priority by the receiving office in the international phase within 2 months after the expiration of the priority period, it shall be deemed that a request for restoration of priority has been made in accordance with Article 36 of these Regulations; if the applicant has not requested restoration of priority in the international phase, or has requested restoration of priority but has not been approved by the receiving office, and has justifiable reasons, the applicant may request restoration of priority to the patent administration department under the State Council within 2 months from the date of entry
59. Add a chapter as Chapter 12, titled "Special Provisions on International Design Applications", which includes Articles 136 to 144.
60. Add one article as Article 136: "The patent administration department under the State Council shall, in accordance with Article 19, paragraphs 2 and 3 of the Patent Law, handle international design registration applications submitted in accordance with the Hague Agreement on the International Registration of Industrial Designs (1999 text) (hereinafter referred to as the Hague Agreement).
The conditions and procedures for handling international design registration applications (referred to as international design applications) filed and designated in China in accordance with the Hague Agreement by the patent administration department of the State Council shall be governed by the provisions of this chapter. If there are no provisions in this chapter, the relevant provisions of the Patent Law and other chapters of these Implementing Regulations shall apply
61. Add one article as Article 137: "An international design application for which the international registration date has been determined in accordance with the Hague Agreement and China has been designated shall be deemed to have been filed with the patent administration department of the State Council for a design patent, and the international registration date shall be deemed to be the filing date referred to in Article 28 of the Patent Law
After the International Bureau publishes an international design application, the patent administration department under the State Council shall examine the international design application and notify the International Bureau of the examination results
63. Add a new article as Article 139: "If an international design application published by the International Bureau includes one or more priority rights, it shall be deemed that a written declaration has been made in accordance with Article 30 of the Patent Law.
If the applicant of an international design application claims priority, they shall submit a copy of the prior application documents within 3 months from the date of publication of the international design application
64. Add one article as Article 140: "If an international design application involves a design that falls under the circumstances listed in Article 24 (2) or (3) of the Patent Law, it shall be declared at the time of filing the international design application, and relevant supporting documents as stipulated in Article 33 (3) of these Implementing Regulations shall be submitted within two months from the date of publication of the international design application
Article 141: "If an international design application includes two or more designs, the applicant may, within two months from the date of publication of the international design application, file a divisional application with the patent administration department under the State Council and pay the relevant fees
Add one article as Article 142: "If an international design application published by the International Bureau includes a specification containing design elements, it shall be deemed that a brief explanation has been submitted in accordance with the provisions of Article 31 of these Regulations
67. Add one article as Article 143: "If an international design application is examined by the patent administration department under the State Council and no grounds for rejection are found, the patent administration department under the State Council shall make a decision to grant protection and notify the International Bureau.
After the patent administrative department of the State Council makes a decision to grant protection, it shall be announced, and the design patent right shall come into effect from the date of announcement
Add one article as Article 144: "If the applicant has already completed the procedures for changing rights at the International Bureau, they shall provide relevant supporting materials to the patent administration department of the State Council
69. Make the following modifications to some articles:
（1） Change Article 12 to Article 13, and modify the term "technical information" in the second paragraph to "technical information and materials".
（2） Change Article 16 to Article 19, modify the "organization code or resident ID number" in the second item to "unified social credit code or ID number", and modify the "name and practice certificate number of patent agent" in the fourth item to "name and qualification certificate number of patent agent".
（3） Change Article 26 to Article 29, and add "and genetic information generated from the use of such materials" after "materials with actual or potential value" in the first paragraph.
（4） Article 37 shall be changed to Article 42, and the fourth item shall be revised as follows: "(4) Those who have participated in the examination of the original application in the re examination or invalidation procedure.
（5） Article 39 shall be changed to Article 44, and the third item shall be revised as follows: "(3) If the format of the application documents does not comply with the regulations.
（6） Article 43 shall be changed to Article 49, and the third paragraph shall be revised as follows: "The request for divisional application shall specify the application number and application date of the original application
（7） Amend the "Patent Reexamination Board" in Chapter 4 to "Patent Administration Department of the State Council".
（8） Change Article 82 to Article 98, and modify the term "Patent Reexamination Board" in the first paragraph to "Patent Administration Department of the State Council".
（9） Change Article 83 to Article 99, and in the second paragraph, modify the phrase "the department responsible for managing patent work" to "the department responsible for patent law enforcement at or above the county level".
（10） Change Article 97 to Article 114 and delete the words "patent registration fee, announcement printing fee, and".
（11） Change Article 100 to Article 117, where "reduction or deferred payment" is modified to "reduction", and "State Council price management department" is modified to "State Council development and reform department".
（12） Change Article 114 to Article 132 and add "or the date of publication by the patent administration department under the State Council" after "international publication date" in the second paragraph.
（13） Article 119 shall be changed to Article 146, and the term "agent" in the second paragraph shall be modified to "patent agent", and the phrase "with attachments" shall be modified to "shall be submitted when necessary".
In addition, according to the Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China passed on October 17, 2020, corresponding modifications have been made to the numbering of articles cited in the Implementation Rules of the Patent Law of the People's Republic of China, and adjustments and modifications have been made to the order and wording of some clauses.
This decision shall come into effect on January 20, 2024.
The Implementing Regulations of the Patent Law of the People's Republic of China shall be revised accordingly and the numbering of the articles shall be adjusted accordingly in accordance with this decision, and shall be reissued.
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