专利法实施细则英文版Implementing Regulations文档格式.docx

1、s Republic of China on June 15, 2001, and effective as of July 1, 2001）（Translated by the Patent Administration Department under the State Council of the Peoples Republic of China. In case of discrepancy, the original version shall prevail.）Chapter I General ProvisionsRule 1. These Implementing Regu

2、lations are formulated in accordance with the Patent Law of the Peoples Republic of China （hereinafter referred to as the Patent Law）.Rule 2 Invention in the Patent Law means any new technical solution relating to a product, a process or improvement thereof.Utility model in the Patent Law means any

3、new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use.Design in the Patent Law means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which cre

4、ates an aesthetic feeling and is fit for industrial application.Rule 3 Any formalities prescribed by the Patent Law and these Implementing Regulations shall be complied with in a written form or in any other form prescribed by the Patent Administration Department under the State Council .Rule 4 Any

5、document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth by the State; where no generally accepted translation in Chinese can be foun

6、d 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 Implementing Regulations is in a foreign language, the Patent Administra

7、tion Department under the State Council may, when it deems necessary, request a Chinese translation of the certificate or the certifying document be submitted within a specified time limit; where the translation is not submitted within the specified time limit, the certificate or certifying document

8、 shall be deemed not to have been submitted.Rule 5 Where any document is sent by mail to the Patent Administration Department under the State Council , the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing; where the date of mailing indicated by the p

9、ostmark on the envelope is illegible, the date on which the Patent Administration Department under 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 Department under the Sta

10、te Council may be served by mail, by personal delivery or by other forms. Where 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

11、 is sent by mail by the Patent Administration Department under the State Council , the 16th 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 personally in accordance with the provisions of the Patent Admi

12、nistration Department under the State Council , the date of delivery is the date on which the party concerned receives the document.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 the expiration of one month from

13、the date of the announcement, the document shall be deemed to be served.Rule 6 The first day of any time limit prescribed in the Patent Law and these Implementing Regulations shall not be counted in the time limit. Where the time limit is counted by year or by month, it shall expire on the correspon

14、ding 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.Rule 7 Where a time limit prescribed in the

15、Patent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council 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

16、moved, at the latest within two years immediately following the expiration of that time limit, state the reasons, together with relevant supporting documents, and request the Patent Administration Department under the State Council to restore his or its rights.Where a time limit prescribed in the Pa

17、tent Law or these Implementing Regulations or specified by the Patent Administration Department under the State Council is not observed by a party concerned because of any justified reason, resulting in loss of his or its rights, he or it may, within two months from the date of receipt of a notifica

18、tion from the Patent Administration Department under the State Council , state the reasons and request the Patent Administration Department under the State Council to restore his or its rights.Where the party concerned makes a request for an extension of a time limit specified by the Patent Administ

19、ration Department under the State Council , he or it shall, before the time limit expires, state the reasons to the Patent Administration Department under the State Council and go through the relevant formalities.The provisions of paragraphs one and two of this Rule shall not be applicable to the ti

20、me limit referred to in Articles 24, 29, 42 and 62 of the Patent Law.Rule 8 Where an application for a patent for invention relates to the secrets of the State concerning national defense and requires to be kept secret, the application for patent shall be filed with the patent department of national

21、 defense. Where any application for patent for invention relating to the secrets of the State concerning national defense and requiring to be kept secret is received by the Patent Administration Department under the State Council , the application shall be forwarded to the patent department of natio

22、nal defense for examination, and the Patent Administration Department under the State Council shall make a decision on the basis of the observations of the examination made by the patent department of national defense.Subject to the preceding paragraph, the Patent Administration Department under the

23、 State Council shall, after receipt of an application for patent for invention which is required to be examined for the purpose of security, send it to the relevant competent department under the State Council for examination. The relevant competent department shall, within four months from the date

24、 of receipt of the application, notify the Patent Administration Department under the State Council of the results of the examination. Where the invention for which a patent is applied for is required to be kept secret, the Patent Administration Department under the State Council shall handle it as

25、an application for secret patent and notify the applicant accordingly.Rule 9 Any invention-creation that is contrary to the laws of the State referred to in Article 5 of the Patent Law shall not include the invention-creation merely because the exploitation of which is prohibited by the laws of the

26、State.Rule 10 The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means the priority date where priority is claimed.The date of filing referred to in these Implementing Regulations, except as otherwise prescribed, means the date of filing prescribed

27、in Article 28 of the Patent Law.Rule l1 A service invention-creation made by a person in execution of the tasks of the entity to which he belongs referred to in Article 6 of the Patent Law means any invention-creation made:（1） in the course of performing his own duty;（2） in execution of any task, ot

28、her than his own duty, which was entrusted to him by the entity to which he belongs;（3） within one year from his resignation, retirement or change of work, where the invention-creation relates to his own duty or the other task entrusted to him by the entity to which he previously belonged.The entity

29、 to which he belongs referred to in Article 6 of the Patent Law includes the entity in which the person concerned is a temporary staff member. “Material and technical means of the entity” referred to in Article 6 of the Patent Law mean the entitys money, equipment, spare parts, raw materials or tech

30、nical materials which are not disclosed to the public.Rule 12 Inventor or creator referred to in the Patent Law means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is respon

31、sible only for organizational work, or who offers facilities for making use of material and technical means, or who takes part in other auxiliary functions, shall not be considered as inventor or creator.Rule l3 For any identical invention-creation, only one patent right shall be granted.Two or more

32、 applicants who respectively file, on the same day, applications for patent for the identical invention-creation, as provided for in Article 9 of the Patent Law, shall, after receipt of a notification from the Patent Administration Department under the State Council , hold consultations among themselves to decide the person or persons who shall be entitled to file the application.Rule 14 Any assignment of the right