| Detailed Implementation Rules of Patent Law - II |
| Wednesday,January 15,2003 Posted: 11:23 BJT(0323 GMT) |
Article 84 The following are conducts of imitation of other persons' patents: (1) without permission, placing the patent numbers of other persons on the products or packages of products manufactured or sold (2) without permission, using patent numbers of other persons in advertisements or publicity materials, which make people mistake the technology involved for the patent technology of other persons (3) without permission, using the patent numbers of other persons in contracts, which make people mistake the technology involved in the contract for the patent technology of other persons (4) forging or altering patent certificates, patent documents or patent application documents of other persons Article 85 The following are conducts of passing off non-patent products as patent products. or of passing off non-patent methods as patent methods: (1) manufacturing or selling non-patent products with patent marks (2) continuing to place patent marks on products manufactured or sold after the patent rights have been declared invalid (3) in advertisements or other publicity materials labeling non-patent technology as patent technology (4) in contracts labeling non-patent technology as patent technology (5) forging or altering patent certificates, patent documents or patent application documents Article 86 Where the parties concerned have disputes over patent application rights or the ownership of patent rights, if they have requested the departments responsible for patent management to settle the disputes, or they have initiated legal proceedings in the people's court, the parties concerned may submit requests to the State Council administrative department responsible for patents to suspend any related procedures. Where a request has been submitted to suspend related procedures in accordance with the provisions in the preceding paragraph, the request shall be submitted to the State Council administrative department responsible for patents, together with the attachment of copies of related documents of acceptance issued by the departments responsible for patent management or the people's court. After the decisions of settlement made by the departments responsible for patent management or the verdicts made by the people's court take effect, the parties concerned shall go to the State Council administrative department responsible for patents for the resumption of related procedures. Where, within one (1) year from the date of request for suspension, disputes regarding patent application rights or the ownership of patent rights fail to be settled, and related procedures still need to be suspended, the party submitting the request shall request an extension of the suspension within the specified time limit. Where no request for extension is submitted within the time limit, the State Council administrative department responsible for patents shall resume the related procedures on its own initiative. Article 87 If, in the hearing of a civil action a people's court rules to take preservation measures for patent rights, the State Council administrative department responsible for patents shall assist the implementation of the rule and shall Suspend the related procedures of the patent rights under preservation. After the expiry of the preservation period, if the people's court does not rule to continue the preservation measures, the State Council administrative department responsible for patents shall resume the related procedures on its own initiative. CHAPTER 8 Patent Registration and Patent Gazette Article 88 The State Council administrative department responsible for patents shall maintain a patent register system in which the following matters relating to patent applications and patent rights shall be recorded: (1) grants of patent rights (2) transfer of patent application rights and patent rights (3) pledges, preservation and removal of patent rights (4) records of contracts of permission for patent exploitation (5) invalidity declarations of patent rights (6) termination of patent rights (7) resumption of patent rights (8) compulsory licenses for patent exploitation (9) changes in the names or titles, nationality or addresses of patentees Article 89 The State Council administrative department responsible for patents shall publish the Patent Gazette at regular intervals, publishing or announcing the following: (1) recorded matters contained in the applications for patents (2) abstracts of the specifications of inventions or utility models, drawings or photographs of exterior designs and their captions (3) requests for substantive examinations of applications for patents for inventions and any decisions made by the State Council administrative department responsible for patents to proceed on its own initiative to conduct substantive examinations of applications for patents for inventions (4) declassification of the confidentiality of patents (5) rejections, withdrawals or deemed withdrawals of applications for patents after the patents have been issued (6) grants of patent rights (7) invalidity declarations of patent rights (8) termination of patent rights (9) transfers of patent application rights or patent rights (10) records of contracts of permission for patent exploitation (11) pledges, preservation and removal of patent rights (12) grants of compulsory licenses for exploitation of patents (13) resumption of patent application rights or patent rights (14) changes in the names or titles or addresses of patentees (15) notifications to applicants whose addresses are not known (16) corrections made by the State Council administrative authorities responsible for patents (17) other related matters. The specifications, the drawings and the claims for inventions or utility models shall be separately published in full CHAPTER 9 Fees Article 90 The following fees shall be paid when applications for patents are submitted or other procedures are undertaken with the State Council administrative department responsible for patents: (1)application fees, additional fees for the application, printing fees for publication (2)fees for substantive examinations of applications for invention patents, review fees (3)patent registration fees, printing fees for public announcements, application maintenance fees, annual fees (4)fees for changes in recorded matters, fees for requests for priority claims, fees for requests for rights resumption, fees for requests for the extension of deadlines, fees for patent retrieval reports of utility models (5)fees for requests for invalidity declarations, fees for requests for suspension of procedures, fees for requests for compulsory licenses, fees for requests for the adjudication of exploitation fees of compulsory licenses The actual amount of the fees listed above shall be stipulated jointly by the State Council department responsible for price control and the State Council administrative department responsible for patents. Article 91 Fees stipulated in the Patent Law and in these Detailed Rules may be paid directly to the State Council administrative department responsible for patents or may also be paid through bank or postal remittances, or by other methods stipulated by the State Council administrative department responsible for patents. Where fees are paid through bank or postal remittances to the State Council administrative department responsible for patents, the correct application number or the patent number, and the name of the fee shall be indicated on the money order. Where fees are not paid in accordance with the provisions in this paragraph, the payment procedures are deemed not to have been fulfilled. Where fees are paid directly to the State Council administrative department responsible for patents the date on which the fees are paid shall be the date of payment. Where fees are paid through postal remittance the date on the postmark shall be the date of payment. Where fees are paid through bank remittance, the date on which the transfer of such fees is ordered shall be the date of payment. However, where there are more than fifteen (15) days between the date on which a transfer is ordered and the date that the State Council administrative department responsible for patents receives the payment, the date that the State Council administrative department responsible for patents receives the payment shall be the date of payment unless the post office or bank issues proof. Where patent fees are overpaid, duplicated or incorrectly paid, the party concerned may request a refund from the State Council administrative department responsible for patents within one (1) year from the date on which such fees were paid. Article 92 The applicant shall, after receiving notice of the acceptance of an application, pay the application fee, printing fee for a public announcement and necessary additional fees within two (2) months from the date of application. Where the fees are not paid or the fees paid within the time limit are insufficient, the application shall be deemed to have been withdrawn. Where the applicant for a patent requests a priority claim, the fee for the requesting of the priority claim shall be paid at the same time as the application fee. If the fee is not paid or the fee paid within the time limit is insufficient, the priority claim shall be deemed not to have been requested. Article 93 Where the party concerned requests a substantive examination, resumption of a patent right, review or cancellation of the patent right, the fee shall be paid within the relevant time limit stipulated in the Patent Law and these Detailed Rules. Where the fees are not paid or the fees paid within the time limit are insufficient, the request shall be deemed not to have been submitted. Article 94 Where an applicant for a patent for an invention has not been granted a patent right within two (2) years from the date of application, the applicant shall pay a fee for the maintenance of the application from the third year. Article 95 The patent registration fees, printing fees for a public announcement and the annual fees for the current year of the granting of the patent rights shall be paid by applicants when Carrying out the procedures for registration. Applicants for invention patents shall pay the application maintenance fees in a lump sum for each year, excluding the year of the granting of the patent rights. Where the fees are not paid within the time limit, the registration procedures shall be deemed not to have been carried out. The subsequent annual fees shall be paid in advance within the month prior to the end of the preceding year. Article 96 Where the annual fees for the years after the patent rights have been granted are not paid in due time by a patentee, or the fees paid are insufficient, the State Council administrative department responsible for patents shall notify the patentee to make up the deficiency within six (6) months from the expiration of the time limit within which the annual fees were to be paid, and to pay a surcharge at the same time. The amount of the surcharge shall be calculated to be an extra five (5) per cent of the current annual fees for each month after the time limit of payment has expired. Where the fees are not paid within the time limit, the patent rights shall be deemed to have lapsed from the expiration of the time limit within which the maintenance fees or the annual fees were to be paid. Article 97 Fees for changes of recorded matters, fees for patent retrieval reports of utility models, fees for requests for suspension of procedures, fees for requests for compulsory licenses, fees for requests of adjudication on the exploitation fees for compulsory licenses or fees for requests for invalidity declarations shall be paid in accordance with the regulations within one (1) month from the date of submitting the request Fees for requests for extensions of time limits shall be paid before the date of expiration of the corresponding time limit Where the fees are not paid or the fees paid within the time limit are insufficient, the requests shall be deemed not to have been submitted. Article 98 Where applicants or patentees have difficulty in paying the various fees stipulated in these Detailed Rules, they may submit a request, in accordance with the regulations, to the State Council administrative department responsible for patents, asking for a reduction or postponement of payment. The measures for the reduction or postponement of the payment shall be stipulated jointly by the State Council administrative department responsible for patents, the State Council department of finance, and me State Council department responsible for price control. CHAPTER 10 Special Regulations for International Applications Article 99 In accordance with the provisions of Article 20 in the Patent Law. the State Council administrative department responsible for patents accepts international patent applications that are in accordance with the Patent Co-operation Treaty. The provisions in this chapter are applicable to the conditions and procedures for international patent applications when they enter the Chinese national procedures, if such applications are submitted in accordance with the Patent Co-operation Treaty and where the applications are designated to be processed in China (hereinafter shortened as international application). Where there is no regulation stipulated in this chapter, the relevant regulations in the Patent Law and other chapters in these Detailed Rules shall apply. Article 100 International applications whose international application dates have been determined .n accordance with the Patent Co-operation Treaty and where the applications are designated to be processed n China, shall be deemed to be patent applications submitted to the State Council administrative department responsible for patents. The said international application dates are deemed to be the application dates mentioned in Article 28 in the Patent Law. If, at the international stage, an international application, or the designation of China in an international application, is withdrawn or deemed to have been withdrawn, the effects of the said international application inside China are terminated. Article 101 An applicant of an international application shall, within twenty (20) months from the date of toe priority claim mentioned in Article 2 in the Patent Co-operation Treaty (hereinafter referred to as the pr priority date), go to the State Council administrative department responsible for. patents to go through the following procedures for international applications to enter into the Chinese national procedures. Where an international application chooses China within nineteen (19) months from the priority date and the said choice continues to be valid, an applicant of an international application shall, within thirty ~30) months from the priority date, go to the State Council administrative department responsible for patents to go through the following procedures for an international application to enter into the Chinese national procedures: (1) submit in written form a declaration that the international application enters into the Chinese national procedures. The declaration shall indicate the international application number, and shall indicate in the Chinese language the type of patent applied for, the name of the invention-creation, the name or title of the applicant, address of the applicant and the name of the inventor. The above-mentioned contents shall be the same as in the records of the International Bureau (2) pay the application fees, additional application fees and printing fees for publication in accordance with Paragraph 1 of Article 9C in these Detailed Rules (3) where an international application is submitted in languages other than Chinese, a Chinese language translation of the text and abstract of the original description, claims and attached illustrations shall be submitted; where an international application is submitted in the Chinese language, a copy of the abstract of the internationally published documents shall be submitted (4) where illustrations are attached to the international application, copies of the said illustrations shall be submitted. Where the international application is submitted in the Chinese language, internationally published illustrations of the abstract shall be submitted Where, within the time limits set in the preceding article, an applicant fails to go through the formalities to enter into the Chinese national procedures, after paying fees for an extension of time, the applicant may go through the formalities before the expiration of the corresponding time limits of 22 months or 32 months from the date of the priority Article 102 Where an applicant fails to go through the formalities to enter into the Chinese national procedures within the time limits set out in Paragraph 2 of Article 101 in these Detailed Rules, or the application involves one of the following circumstances by the expiration of the said time limit, the effects of the international application in China are terminated: (1) where the international application number is not indicated in the declaration for entering into the Chinese national procedures (2) where the application fees and printing fees for publication set out in Paragraph 1 of Article 90 in these Detailed Rules, and the fees for extension of time limits set out in Paragraph 2 of Article 101 in these Detailed Rules are not paid (3) where an international application is submitted in a language other than Chinese but Chinese translations of the description and claims of the initial international application are not submitted Where the effects of an international application in China have been terminated, the provisions in Paragraph 2 of Article 7 in these Detailed Rules do not apply. Article 103 Where one of the following situations applies with regard to an application going through the formalities to enter into the Chinese national procedures, the State Council administrative department responsible for patents shall notify the applicant to provide a supplement or corrections within a specified time limit: (1) where the Chinese translation of the abstract or copies of the abstract are not submitted (2) where copies of the attached illustrations or copies of the attached illustrations of the abstract are not submitted (3) where in the declaration for entering into the Chinese national procedures, an applicant fails to indicate in the Chinese language the name of the invention-creation, or name or title of the applicant, or the address of the applicant, or name of the inventor (4) where the contents or format of the declaration for entering into the Chinese national procedures do not comply with regulations Where an applicant fails to provide supplements or corrections within the time limit, the application is deemed to have been withdrawn. Article 104 Where alterations have been made at the international stage to an international application, and where the applicant requests that an examination shall be based on the revised application documents, the applicant shall submit Chinese translations of the alterations before the preparation work of national publication is completed by the State Council administrative department responsible for patents. Where the Chinese translations are not submitted within the above-mentioned period, the State Council administrative department responsible for patents shall not take into consideration the alterations made by an applicant at international stage. Article 105 While going through the formalities to enter into the Chinese national procedures, an applicant shall also meet the following requirements: (1) where an inventor is not indicated in an international application, the name of the inventor shall be indicated in the declaration for entering into the Chinese national procedures (2) where the formalities for a change of applicants have been gone through with the International Bureau at the international stage evidence to prove that the applicant has the application rights after the change shall be submitted (3) where an applicant and the applicant in the former application which serves as the basis for the priority claim are not the same person, or an applicant changes name after submitting the former application, the evidence to prove that the applicant has the priority claim shall be submitted if necessary (4) where one of the situations listed in Item 1 or Item 2 of Article 24 in the Patent Law applies to an invention-creation involved in an international application, and where relevant declarations have been made when submitting the international application, statements shall be made in the declarations for entering into the Chinese national procedures, and the applicant shall, within two (2) months after going through the formalities of entering into the Chinese national procedures, submit the relevant certificates required in Paragraph 2 of Article 31 in these Detailed Rules Where an applicant fails to meet the requirements set out in Item 1, Item 2, or item 3 of the preceding paragraph, the State Council administrative department responsible for patents shall notify the applicant to provide supplements or corrections within a specified time limit. Where supplements or corrections are not provided in accordance with the contents of Item 1 or Item 2 within the specified time limit, the said application is deemed to have been withdrawn. Where supplements or corrections are not provided in accordance with the contents of Item 3, the said request for priority claim is deemed not to have been submitted. Where an applicant fails to meet the requirements in Item 4 of Paragraph 1 of this article, the provisions in Article 24 in the Patent Law are not applicable to the application Article 106 Where an applicant makes statements about the deposit of samples of biological materials in accordance with the provisions of the Patent Co-operation Treaty, it is deemed that the applicant has met the requirements in Item 3 of Article 25 of the Patent Law. In the declaration for entering into the Chinese national procedures, the applicant shall indicate the document detailing the record of the deposit of the samples of biological material and the specific page of the record in the said document. Where an applicant has recorded, in the initial submission of an international application, the deposit of samples of biological materials, but has failed to indicate these in the declaration for entering into the Chinese national procedures, the applicant shall provide a supplement with this information within four (4) months from the date of going through the formalities to enter into the Chinese national procedures. Where no supplement with this information is made within the time limit, the said biological material is deemed not to have been deposited. Where within four (4) months from the date of going through the formalities to enter into the Chinese national procedures, an applicant has submitted a deposit certificate and a certificate of living samples of biological materials to the State Council administrative department responsible for patents, it is deemed that the submission is made within the time limits set out in Item 1 of Article 25 of these Detailed Rules. Article 107 Where an applicant requests one (1) or more priority claims at international stage and where the request continues to be valid when entering into the Chinese national procedures, it is deemed that a written declaration has been submitted in accordance with the provisions of Article 30 in the Patent Law. Where in the written declaration of a priority claim submitted at international stage, there are errors in the wording, or where the application number of the former application is not provided, the applicant shall request corrections or provide the application numbers of the former applications when going through the formalities to enter into the Chinese national procedures. Where an applicant requests corrections, a fee for the request for the correction of the priority claims shall be paid. Where at international stage, an applicant has submitted copies of the former application documents in accordance with the Patent Co-operation Treaty, the applicant does not need to submit copies of the former application documents to the State Council administrative department responsible for patents when going through the formalities for entering into the Chinese national procedures. Where at international stage, an applicant did not submit copies of the former application documents, if it is deemed necessary the State Council administrative department responsible for patents may notify the applicant to make a supplementary submission within a specified time limit. Where an applicant fails to make a supplementary submission within the time limit, the applicant's request for the priority claims is deemed not to have been submitted. Where at international stage a request for the priority claim is deemed not to have been submitted, and the said information is published by the International Bureau, but where the applicant has justified reasons, the applicant may submit a request for the resumption of the request for the priority claim to the State Council administrative department responsible for patents when going through the formalities for entering into the Chinese national procedures. Article 108 Where, before the expiration of twenty (20) months from the priority claim date, there is a request submitted to the State Council administrative. department responsible for patents for processing and examining international applications in advance, apart from going through the formalities for entering into the Chinese national procedures, the applicant shall also submit a request in accordance with Paragraph 2 of Article 23 in the Patent Co-operation Treaty. Where the International Bureau has not yet delivered an international application to the State Council administrative department responsible for patents, the applicant shall submit copies of the confirmed international application. Article 109 For an international application for the patent rights of a utility model, the applicant may submit a request for a correction of the description, attached drawings and claims to the State Council administrative department responsible for patents within one (1) month from the date of going through the formalities for entering into the Chinese national procedures. The provisions in Paragraph 1 of Article 51 of these Detailed Rules are applicable to international applications for the patent rights of inventions. Article 110 Where an applicant finds that there are errors in the Chinese translations of the submitted specifications, claims, or text in the attached drawings, the applicant may request the correction of the errors in line with the original international application documents within the time limit specified as follows: (1) before the State Council administrative department responsible for patents completes the preparation work for national publication (2) within three (3) months from the date of receipt of the notice issued by the State Council administrative department responsible for patents advising that the application for patent rights has entered into the stage of substantive examination Where an applicant is to make corrections to errors in translation, the applicant shall submit a written request and the corrected pages of the translation, and pay fees for the correction of the translation as regulated. Where an applicant is to make corrections to the translations following the requirements in the notice issued by the State Council administrative department responsible for patents, the applicant shall go through the formalities stipulated in the provisions in Paragraph 2 of this Article within the specified time limit. Where the stipulated formalities are not completed within the specified time limit, the application is deemed to have been withdrawn. Article 111 Where the State Council administrative department responsible for patents finds, after an initial examination, that an international application for patent rights for an invention complies with the relevant provisions of the Patent Law and these Detailed Rules, it shall make the application public in the Patent Gazette. Where an international application is submitted in a language other than Chinese, the Chinese translation of the application documents shall be made public. Where an international application for the patent rights for an invention is published internationally in the Chinese language by the International Bureau, the provisions in Article 13 of the Patent Law are applicable from the date of the international publication. Where the international bureau produces international publications in languages other than Chinese, the provisions in Article 13 of the Patent Law shall be applicable from the date of the publication made by the State Council administrative department responsible for patents. For an international application, publication mentioned in Article 21 and Article 22 of the Patent Law refers to the publication stipulated in Paragraph 1 of this Article. Article 112 Where an international application includes two (2) or more inventions or utility models, after going through the formalities for entering into the Chinese national procedures, the applicant may request a divided application in accordance with the provisions in Paragraph 1 of Article 42 in these Detailed Rules. Where at the international stage, the International Searching Authority or the International Preliminary Examination Authority finds that an international application does not comply with the requirements of unity of invention stipulated in the Patent Co-operation Treaty, and where the applicant fails to pay additional fees in accordance with regulations, which results in that part of the international application failing to be checked by the international search, or failing to pass an initial international examination, and when entering into the Chinese national procedures, the applicant requests that the above-mentioned part shall be the basis of an examination, if the State Council administrative department responsible for patents considers that the judgement with regard to unity of invention made by the International Searching Authority or by the International Preliminary Examination Authority was correct, the State Council administrative department responsible for patents shall notify the applicant to pay the fee for restoration of unity of invention within a specified time limit. Where fees are not paid or not paid in full within the specified time limit,. the part in the international application that fails to undergo a search or preliminary international examination is deemed to have been withdrawn. Article 113 Where an applicant submits documents and pays fees in accordance with the provisions in Article 101 of these Detailed Rules, the submission date shall be the date that the State Council administrative department responsible for patents receives the documents, and the payment date the date when the payment is received. Where the submitted documents are delayed because of the postal service, and if the applicant can prove, within one (1) month from the date when the delay is detected, that the said documents were posted five (.5) days before the expiration of the time limit specified in Article 101 of these Detailed Rules, the said documents are deemed to have been received within the time limit. However, the time that the applicant provides proof must not be later than six (6) months after the lapse of the time limit specified in Article 101 of these Detailed Rules. Applicants may submit documents by facsimile to the State Council administrative department responsible for patents in accordance with the provisions of Article 101 of these Detailed Rules. Where an applicant delivers documents by facsimile the date of submission shall be the date that the State Council administrative department responsible for patents receives the facsimile documents. The applicant shall submit to the State Council administrative department responsible for patents the original documents of the facsimile documents within fourteen (14) days from the date of sending the facsimile. Where the original documents are not submitted within the specified time limit, the said documents are deemed not to have been submitted. Article 114 Where an international applicant requests priority claim, the applicant shall pay fees for the request for priority claim when going through the formalities for entering into the Chinese national procedures. Where the fees are not paid or are not fully paid, the State Council administrative department responsible for patents shall notify the applicant to make the payment within a specified time limit. Where the fees are not paid or not fully paid within the specified time limit, it is deemed that the request for the said priority claim has not been submitted. Article 115 Where at the international stage, an international applicant is refused by related international authorities to be issued the date of international submission or the international application is declared to be deemed to have been withdrawn, the applicant, within two (2) months from the date of receiving the notice, may request that the International Bureau transfer copies of any documents in the file of the international application to the State Council administrative department responsible for patents, with whom the applicant shall go through the formalities as stipulated in Article 101 of these Detailed Rules within toe said time limit. Upon receiving the documents delivered by the International Bureau, the State Council administrative department responsible for patents shall review them to determine if the decision made by the international authorities is correct. Article 116 For patent rights granted on the basis of an international application, if the scope of protection determined in accordance with the provisions in Article 56 of the Patent Law exceeds the scope expressed in the original international application because of translation errors, the scope of protection shall be the one delimited in the original application. If the scope of protection is less than that expressed in the original international application, the scope of protection shall be the one determined when the patent rights are granted. CHAPTER 11 Supplementary Provisions Article 117 With the consent of the State Council administrative department responsible for patents, anyone may inspect or copy the files of published or announced applications for patents, or the Patent Register Book. Anyone may request the State Council administrative department responsible for patents to provide a copy of the Patent Register Book. The files of patent applications deemed to have been withdrawn or rejected, or withdrawn on the initiative of the applicant, shall not be kept after two (2) years from the date on which the patent application becomes invalid. The files of patent applications that have been abandoned, declared totally invalid or terminated shall not be kept after three (3) years from the date on which the patent becomes invalid Article 118 To submit application documents to or go through formalities with the State Council administrative department responsible for patents, uniform formatting prescribed by the State Council administrative department responsible for patents must be used. The signatures or seals of the applicants, patentees, or other interested parties or their representatives must be provided. If the party concerned appoints a patent agency, it shall use the seal of the patent agency. Any request to change the name of an inventor, name or title, nationality or address of an applicant or patentee, the name and address of the patent agency or the name of the agent shall go to the State Council administrative department responsible for patents to have the formalities for changing recorded items completed, and materials to support the reasons for the change shall be provided. Article 119 Where documents regarding applications for patent rights are sent to the State Council administrative department responsible for patents by post, they must be sent by registered mail, and they shall not be sent by parcel post. Except for a first submission, when submitting various documents to the State Council administrative department responsible for patents or completing various procedures with the State Council administrative department responsible for patents, the number of the application or patent, the name or title of an invention-creation and the name or title of the applicant or patentee shall be indicated. Each letter shall only contain documents concerning the same application. Article 120 Any sheets Constituting the patent application shall be typed or printed. All the characters shall be in black and neat and clear, and they shall be free from any alterations. Any attached drawings shall be made in black ink with the aid of drawing instruments. All the lines in the drawings shall be of the same thickness, clear, and free from any alterations. Patent requests, specifications, claims for patent rights, drawings and abstracts shall be separately numbered in consecutive Arabic numerals. The written part of the application documents shall be written horizontally. Only one side of the paper shall be used. Article 121 Based upon the Patent Law and these Detailed Rules, the State Council administrative department responsible for patents shall formulate the Guidance for Patent Examination. Article 122 These Detailed Rules shall take effect from 1 July 2001. The Detailed Implementation Rules of the Patent Law of the People's Republic of China approved and amended on 12 December 1992 by the State Council and promulgated on 21 December 1992 by the Patent Office of China shall be annulled simultaneously. Endnotes |
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