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       Implementing Regulations of the Patent Law of the People’s Republic of China    

 1 

Implementing Regulations of the Patent Law 

of the People’s Republic of China  

 

(Promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 

2001, amended for the first time in accordance with the Decision of the State Council on Amending the 

Implementing Regulation of the Patent Law of the People's Republic of China on December 28, 2002, 

amended for the second time in accordance with the Decision of the State Council on Amending the 

Implementing Regulation of the Patent Law of the People's Republic of China on January 9, 2010, and 

effective as of February 1, 2010) 

 

Chapter I 

General Provisions 

 

Rule 1 

These Implementing Regulations are formulated in accordance with the Patent Law of the People's 

Republic of China (hereinafter referred to as the Patent Law). 

 

Rule 2  

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 3   

Any 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 found 

for a foreign name or scientific or technical term, the one in the original language shall be also indicated. 

 

Where any certificate or certifying document submitted in accordance with the provisions of the Patent 

Law and these Implementing Regulations is in a foreign language, the Patent Administration 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 shall be deemed not to 

have been submitted. 

 

Rule 4   

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 postmark 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 State 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 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 

Administration Department under the State Council, the date of delivery is the date on which the party 

concerned receives the document. 

       

 2  

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 the date of the announcement, 

the document shall be deemed to be served. 

 

Rule 5  

The first day of any time limit prescribed in the Patent Law or these Implementing Regulations shall not 

be calculated as part of the time limit. Where a time limit is calculated in years or months, it shall expire 

on the corresponding day of the last month; if there is no corresponding day in such month, the time limit 

shall expire on the last day of that month; if the date of expiration of a time limit falls on a statutory 

holiday, it shall expire on the first working day following that holiday. 

 

Rule 6 (Incorporating original Rule 7) 

Where a time limit prescribed in the 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 removed, at the latest within two years immediately following the 

expiration of that time limit, request the Patent Administration Department under the State Council   to 

restore his or its rights. 

 

Apart from the situations specified in the preceding paragraph, where a time limit prescribed in the 

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 any other justified reason 

than the aforementioned one, resulting in loss of his or its rights, he or it may, within two months from the 

date of receipt of a notification from the Patent Administration Department under the State Council  , 

state the reasons and request the Patent Administration Department under the State Council   to 

restore his or its rights. 

 

When a party requests for an extension of a time limit in accordance with the provisions in the paragraph 

one or two, he or it, shall submit a written application for right restoration, state the reasons, enclose 

relevant supporting documents if necessary, and go through the relevant formalities that should be done 

before losing the rights; as well as pay application fees for requesting for restoring his or its rights, 

according to the provision in paragraph two of this Rule. 

 

Where the party concerned makes a request for an extension of a time limit specified by the Patent 

Administration 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 time limit referred to 

in Articles 24, 29, 42 and 68 of the Patent Law. 

 

Rule 7 (Original Rule 8)  

Where an application for a patent concerning interests of national defense and requires to be kept 

confidential, the application for patent shall be filed with the National Defense Patent Institution (NDPI) of 

the State. Where any application for patent accepted by the Patent Administration Department under the 

State Council relates to interests of national defense and requiring to be kept confidential is, the 

application shall be forwarded to the National Defense Patent Institution (NDPI) of the State for 

examination in time, and the Patent Administration Department under the State Counsil shall issue the 

decision to grant a national defense patent, on condition that no reason of objection is raised after the 

examination by the National Defense Patent Institution. 

      

Where the Patent Administration Department under the State Council holds that a patent application for 

an invention or utility model involves state security or substantial interests apart from national defense, 

and is required to be kept confidential, it shall make a timely decision to handle such applications as an 

application for confidential patent and notify the applicant accordingly. Special procedure of examination 

and reexamination of an application for a confidential patent, as well as invalidation declaration shall 

subject to the provisions provided by the Patent Administration Department under the State Council. 

 

Rule 8 (Newly added) 

 

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An invention or utility model made in China as stipulated in Article 20 of the Patent Law refers to the 

invention or utility model, of which the essense of technical scheme is completed within the territory of 

China. 

 

Any entity or individual intending to file a patent application in a foreign country for an invention or utility 

model made in China, shall make a request for a confidentiality examination conducted by the Patent 

Administration Department under the State Council in one of the following ways: 

 

(1) Where a party intends to directly file a patent application in a foreign country or file an international 

patent application to a related foreign agency, he or it shall, make a request in advance to the Patent 

Administration Department under the State Council and describe in detail the technical scheme.  

 

(2) Where a party prepares to file a patent application in a foreign country or file an international patent 

application to a related foreign agency after applying at the Patent Administration Department under 

the State Council for a patent, he or it shall, make such request before applying in a foreign country 

or filing the international patent application to a related foreign agency.  

 

Where a party files an international patent application with the Patent Administration Department under 

the State Council, he or it is regarded as having made such request for confidentiality examination at the 

same time. 

 

Rule 9 (Newly added) 

If the Patent Administration Department under the State Council, through deleberation after receipt of the 

request specified in Rule 8, holds that the invention or utility model is likely to involve national security or 

substantial interests requiring to be kept confidential, it shall timely notify the applicant of confidentiality 

examination. The applicant who has not received such notification within 4 months after the date of 

request can file a patent application in a foreign country or file an international patent application to a 

related foreign agency. 

 

Where the Patent Administration Department under the State Council sends the notice as stated in 

previous paragraph, it shall make in time a decision on whether such confidentiality should be kept, and 

notify the applicant. If the apllicant does not received any decision requiring confidentiality within 6 

months upon the submitting of the request, he or it can file a patent application in a foreign country or file 

an international patent application to a related foreign agency. 

 

Rule 10  

Any invention-creation that is contrary to the laws 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. 

 

Rule 11   

The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means 

the priority date where priority is claimed. 

 

The date of filing referred to in these Implementing Regulations, except as otherwise prescribed, means 

the date of filing prescribed in Article 28 of the Patent Law. 

 

Rule 12 (Original Rule 11)   

"A service invention-creation made by a person in the execution of tasks of the entity to which he 

belongs" referred to in Article 6 of the Patent Law means any invention-creation made: 

 

(1) in the course of performing his own duty; 

 

(2) in execution of any task, other than his own duty, which was entrusted to him by the entity to which 

he belongs; 

 

(3) within one year after the retirement, transfer from the entity to which he originally belongs or the 

labor and personnel relationship being terminated, 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 to which he belongs" referred to in Article 6 of the Patent Law includes the entity in which the 

       

 4 

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 entity's money, equipment, spare parts, raw materials or 

technical materials which are not disclosed to the public. 

 

Rule 13   

"Inventor" or "creator" referred to in the Patent Law means any person who makes creative contributions 

to the substantive features of an invention-creation. Any person who, during the course of accomplishing 

the invention-creation, is responsible only for organisational 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 14 (Incorporating original Rule 15) 

Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where the 

patent right is transferred because of any other reason, the person or persons concerned shall, 

accompanied by relevant certified documents or legal papers, request the Patent Administration 

Department under the State Council   to register a transfer of patent right. 

 

Any license contract for exploitation of the patent which has been concluded by the patentee with an 

entity or individual shall, within three months from the date of entry into force of the contract, be 

submitted to the Patent Administration Department under the State Council   for the record. 

 

If a patent right is pledged, the pledgor and pledgee shall go through registration procedure of the pledge 

at the Patent Administration Department under the State Council jointly. 

 

Chapter 2 

Application for a Patent 

 

Rule 15  

Anyone who applies for a patent in written form shall file with the Patent Administration Department 

under the State Council   application documents in duplicate. 

 

Anyone who applies for a patent in other forms as specified by the Patent Administration Department 

under the State Council shall comply with the specified requirements. 

 

Any applicant who appoints a patent agency to apply for a patent, or to attend to other patent matters at 

the Patent Administration Department under the State Council, shall submit at the same time a power of 

attorney indicating the scope of the power entrusted. 

 

Where there are two or more applicants and no patent agency is appointed, unless otherwise stated in 

the request, the applicant named first in the request shall be the representative. 

 

Rule 16 (Original Rule 17)  

Request for application of a patent for invention, utility model or design shall clearly state the following 

items: 

 

(1) The title of invention, utility model or design; 

 

(2) Where the applicant is a Chinese entity or individual, the name, address, post code, organisation 

code or citizen ID number; where the applicant is a foreign individual, foreign enterprise or other 

foreign organisation, the name,  nationality or the country or district in which the applicant was 

registered;  

 

(3) Name of the inventor or designer; 

 

(4) Where the applicant has appointed a patent agency, the agency name, agency code, as well as the 

name, license number and contact telephone number of the patent attorney appointed by the patent 

agency; 

 

(5) Where the priority of an earlier application is claimed, the date and number of application of the prior 

application as well as the name of the competent authority with which the application was filed; 

       

 5  

(6) The signature or seal of the applicant or the patent agency; 

 

(7) A list of application documents; 

 

(8) A list of the documents appending to the application; and 

 

(9) Any other relevant items which need to be indicated. 

 

Rule 17 (Incorporating original Rule 18) 

The description of an application for a patent for invention or utility model shall state the title of the 

invention or utility model, which shall be the same as it appears in the request. The description shall 

include the following: 

 

(1) Technical field: specifying the technical field to which the technical solution for which protection is 

sought pertains; 

 

(2) Background art: indicating the background art which can be regarded as useful for the 

understanding, searching and examination of the invention or utility model, and when possible, citing 

the documents reflecting such art; 

 

(3) Contents of the invention: disclosing the technical problem the invention or utility model aims to 

settle and the technical solution adopted to resolve the problem; and stating, with reference to the 

prior art, the advantageous effects of the invention or utility model; 

 

(4) Description of figures: briefly describing each figure in the drawings, if any; 

 

(5) Mode of carrying out the invention or utility model: describing in detail the optimally selected mode 

contemplated by the applicant for carrying out the invention or utility model; where appropriate, this 

shall be done in terms of examples, and with reference to the drawings, if any. 

 

The manner and order referred to in the preceding paragraph shall be followed by the applicant for a 

patent for invention or for utility model, and each of the parts shall be preceded by a heading, unless, 

because of the nature of the invention or utility model, a different manner or order would result in a better 

understanding and a more economical presentation. 

 

The description of the invention or utility model shall use standard terms and be in clear wording, and 

shall not contain such references to the claims as: "as described in claim…¬", nor shall it contain 

commercial advertising. 

 

Where an application for a patent for invention contains disclosure of one or more nucleotide and/or 

amino acid sequences, the description shall contain a sequence listing in compliance with the standard 

prescribed by the Patent Administration Department under the State Council. The sequence listing shall 

be submitted as a separate part of the description, and a copy of the said sequence listing in 

machine-readable form shall also be submitted in accordance with the provisions of the Patent 

Administration Department under the State Council. 

 

The description of the utility model for which a patent is applied for shall contain drawings indicating the 

shape, structure or their combanition of the product for which protection is sought. 

 

Rule 18  

Several drawings of the invention or utility model shall be numbered and arranged in numerical order 

consecutively as "Figure l, Figure 2…¬" 

 

Reference signs not mentioned in the text of the description of the invention or utility model shall not 

appear in the drawings. Reference signs not mentioned in the drawings shall not appear in the text of the 

description. Reference signs for the same composite part shall be used consistently throughout the 

application document.  

 

The drawings shall not contain any other explanatory notes, except words which are indispensable. 

       

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Rule 19  

The claims shall state the technical features of the invention or utility model. 

 

If there are several claims, they shall be numbered consecutively in Arabic numerals. 

 

The technical terminology used in the claims shall be consistent with that used in the description. The 

claims may contain chemical or mathematical formulae but no drawings. They shall not, except where 

absolutely necessary, contain such references to the description or drawings as: "as described in 

part…¬of the description", or "as illustrated in Figure…¬of the drawings". 

 

The technical features mentioned in the claims may, in order to facilitate quicker understanding of the 

claim, make reference to the corresponding reference signs in the drawings of the description. Such 

reference signs shall follow the corresponding technical features and be placed in parentheses. They 

shall not be construed as limiting the claims. 

 

Rule 20  

The claims shall have an independent claim, and may also contain dependent claims. 

 

The independent claim shall outline the technical solution of an invention or utility model and state the 

essential technical features necessary for the solution of its technical problem. 

 

The dependent claim shall, by additional technical features, further define the claim which it refers to. 

 

Rule 21  

An independent claim of an invention or utility model shall contain a preamble portion and a 

characterising portion, and be presented in the following form: 

 

(1) A preamble portion: indicating the title of the claimed subject matter of the technical solution of the 

invention or utility model, and those technical features which are necessary for the definition of the 

claimed subject matter but which, in combination, are part of the most related prior art; 

 

(2) A characterising portion: stating, in such words as "characterised in that..." or in similar expressions, 

the technical features of the invention or utility model, which distinguish it from the most related prior 

art. Those features, in combination with the features stated in the preamble portion, serve to define 

the scope of protection of the invention or utility model. 

 

Where the manner specified in the preceding paragraphs is not appropriate to be followed because of 

the nature of the invention or utility model, an independent claim may be presented in a different manner. 

 

An invention or utility model shall have only one independent claim, which shall precede all the 

dependent claims relating to the same invention or utility model. 

 

Rule 22  

Any dependent claim of an invention or utility model shall contain a reference portion and a 

characterising portion, and be presented in the following manner: 

 

(1) A reference portion: indicating the serial number(s) of the claim(s) referred to, and the title of the 

subject matter; 

 

(2) A characterising portion: stating the additional technical features of the invention or utility model. 

 

Any dependent claim shall only refer to the preceding claim or claims. Any multiple dependent claims, 

which refer to two or more claims, shall refer to the preceding one in the alternative only, and shall not 

serve as a basis for any other multiple dependent claims. 

 

Rule 23  

The abstract shall consist of a summary of the disclosure as contained in the application for patent for 

invention or utility model. The summary shall indicate the title of the invention or utility model, and the 

technical field to which the invention or utility model pertains, and shall be drafted in a way which allows 

      

 7 

the clear understanding of the technical problem, the gist of the technical solution of that problem, and 

the principal use or uses of the invention or utility model. 

 

The abstract may contain the chemical formula which best characterises the invention. In an application 

for a patent which contains drawings, the applicant shall provide a figure which best characterises the 

technical features of the invention or utility model. The scale and the clarity of the figure shall be as such 

that a reproduction with a linear reduction in size to 4cm x 6cm would still enable all details to be clearly 

distinguished. The whole text of the abstract shall contain not more than 300 words. No commercial 

advertising shall be contained in the abstract. 

 

Rule 24  

Where an invention for which a patent is applied for concerns a new biological material which is not 

available to the public and which cannot be described in such a manner as to enable the invention to be 

exploited by a person skilled in the art, the applicant shall, in addition to the other requirements provided 

for in the Patent Law and these Implementing Regulations, go through the following procedures: 

 

(1) Depositing a sample of the biological material with a depositary institution designated by the Patent 

Administration Department under the State Council   before, or at the latest, on the date of filing (or 

the priority date where priority is claimed), and submit at the time of filing or at the latest, within four 

months from the filing date, a receipt of deposit and the viability proof from the depository institution; 

where they are not submitted within the specified time limit, the sample of the biological material 

shall be deemed not to have been deposited; 

 

(2) Providing in the application document relevant information of the characteristics of the biological 

material; 

 

(3) Indicating, where the application relates to the deposit of the biological material, in the request and 

the description the scientific name (with its Latin name) of the biological material and the title and 

address of the depositary institution, the date on which the sample of the biological material was 

deposited and the accession number of the deposit; where, at the time of filing, they are not 

indicated, they shall be provided within four months from the date of filing; where after the expiration 

of the time limit they are not provided, the sample of the biological material shall be deemed not to 

have been deposited. 

 

Rule 25  

Where the applicant for a patent for invention has deposited a sample of the biological material in 

accordance with the provisions of Rule 24 of the Implementing Regulations, and after the application for 

patent for invention is published, any entity or individual that intends to make use of the biological 

material to which the application relates, for the purpose of experiment, shall make a request to the 

Patent Administration Department under the State Council, containing the following items: 

 

(1) The name and address of the requesting person; 

 

(2) An undertaking not to make the biological material available to any other person; 

 

(3) An undertaking to use the biological material for experimental purpose only before the grant of the 

patent right. 

 

Article 26 (Newly added) 

The genetic resources referred to in the Patent Law means any material taken from human, animal, plant 

or microorganism, containing genetically functioning units with actual or potential value; the 

invention-creation accomplished depending on the genetic resources means those invention-creation of 

which the accomplishment uses the genetic function of genetic resources. 

 

Where the the applicant seeks to apply for patent for such invention-creation completed on genetic 

resources, he or it shall so state in the request, fill in prescribed forms issued by the Patent 

Administration Department under the State Council. 

 

Rule 27 

Where an applicant applies for protection of colors, drawings or photos in color shall be submitted. 

       

 8 

 The applicant shall submit the relevant drawings or photographs concerning the contents of each design 

product that require protection. 

 

Rule 28  

The concise description of the design shall include the name and function of the design product, the 

essential points of the design, and shall designate one drawing or photo that best indicates the essential 

points of the design. The brief description shall include the colors for which protection is sought or the 

omission of the views of the design product. 

 

If one application is made for a design patent for several similar designs of the same product, one of 

them shall be designated as the basic design in the brief description. 

     

A concise description shall not contain any commercial advertising and shall not be used to indicate the 

function of the product. 

 

Rule 29 

The Patent Administration Department under the State Council, when considers it necessary, may 

require the applicant for a design patent to submit samples or models of the product incorporating the 

design. The volume of the sample or model submitted shall not exceed 30cm x 30cm x 30cm, and its 

weight shall not surpass l5 kilograms. Articles that are perishable, easily damaged or dangerous shall 

not be submitted as samples or models. 

 

Rule 30 (Incorporating original Rule 31) 

The international exhibition recognised by Chinese government prescribed in article 24, subparagraph (1) 

of the Patent Law refers to the international exhibitions registered or recognised by the Bureau of 

International Exposition as prescribed by the Convention of International Exhibitions.  

 

The academic or technological meeting referred to in Article 24, subparagraph (2) of the Patent Law 

means any academic or technological meeting organised by a competent department concerned under 

the State Council or by a national academic or technological association. 

 

Where any invention-creation for which a patent is applied falls into the provisions of Article 24, 

subparagraph (l) or (2) of the Patent Law, the applicant shall, when filing the application, make a 

declaration and, within a time limit of two months from the date of filing, submit certifying documents 

issued by the entity which organised the international exhibition or academic or technological meeting, 

stating the fact that the invention-creation was exhibited or published, together with the date of such 

exhibition or publication. 

 

Where any invention-creation for which a patent is applied falls into the provisions of Article 24, 

subparagraph (3) of the Patent Law, the Patent Administration Department under the State Council   

may, when consider it necessary, require the applicant to submit the relevant certifying documents within 

the specified time limit. 

 

Where the applicant fails to make a declaration and submit certifying documents as required in 

paragraph 3 of this Rule, or fails to submit certifying documents within the specified time limit as required 

in paragraph 4 of this Rule, the provisions of Article 24 of the Patent Law shall not apply to the 

application. 

 

Rule 31 (Original Rule 32)  

Where the foreign priority is claimed in accordance with Article 30 of the Patent Law, the duplicate of the 

earlier application documents submitted by the applicant shall be certified by the original authority in 

which the application was filed. According to the agreement signed between the Patent Administration 

Department under the State Council and the authority accepted the earlier application, where the Patent 

Administration Department under the State Council obtains the duplicate of the earlier application 

documents by way of electronic transmission, it is deemed that the applicant has submitted the duplicate 

of the earlier application documents that has been certificated by the original authority. Where the 

domestic priority is claimed, the applicant, if has indicated the filing date and the application number of 

the prior application, will be deemed as having submitted a copy of the earlier application document. 

       

 9 

Where priority is claimed, but the earlier filing date and application number as well as one or two items of 

information of the authority with which the earlier application was filed are omitted or mistakenly written 

in the request, by the Patent Administration Department under the State Council shall inform the 

applicant to make amendments within a certain period of time.  Failure of making amendments within 

that period is deemed as having not claimed priority. 

 

Where the name or title of the applicant claiming priority differs from that recorded in the copy of the 

earlier application documents, the applicant shall submit document certifying the assignment of priority. 

Failure of such submission is deemed as having not claimed priority. 

 

Where the applicant for a design patent claimes foreign priority and the earlier application does not 

contain a brief description,  if the brief description  he or it submits according to Article 28 of the Patent 

Law does not exceed the scope claimed by the drawing or photo of the earlier application documents, 

the priority is not affected. 

 

Rule 32  

An applicant may claim one or more priorities for an application for a patent; where multiple priorities are 

claimed, the priority period for the application shall be calculated from the earliest priority date. 

 

Where an applicant claims the right of domestic priority, if the earlier application is one for a patent for 

invention, he or it may file an application for a patent for invention or utility model for the same subject 

matter; if the earlier application is one for a patent for utility model, he or it may file an application for a 

patent for utility model or invention for the same subject matter. However, when the later application is 

filed, if the subject matter of the earlier application falls into any of the following, it may not be taken as 

the basis for claiming domestic priority: 

 

(1) where the applicant has claimed foreign or domestic priority; 

 

(2) where it has been granted a patent right; 

 

(3) where it is the subject matter of a divisional application filed as prescribed. 

 

Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the 

date on which the later application is filed. 

 

Rule 33 

Where an application for a patent is filed or the right of foreign priority is claimed by an applicant having 

no habitual residence or business office in China, the Patent Administration Department under the State 

Council   may, when consider it necessary, require the applicant to submit the following documents: 

 

(1) A certificate concerning the nationality of an individual applicant; 

 

(2) A document certifying the country or region where the it is registered, if the applicant is an enterprise 

or other organisation; 

 

(3) A document certifying that the country, to which the foreigner, foreign enterprise or other foreign 

organisation belongs, recognises that Chinese entities and individuals are, under the same 

conditions as those applied to its nationals, entitled to the patent right, the right of priority and other 

related rights in that country. 

 

Rule 34  

Two or more inventions or utility models belonging to a single general inventive concept which may be 

filed as one application in accordance with the provision of Article 3l, paragraph one of the Patent Law 

shall be technically inter-related and contain one or more of the same or corresponding special technical 

features. The expression "special technical features" shall mean those technical features that define a 

contribution which each of those inventions or utility models, considered as a whole, makes over the 

prior art. 

 

Rule 35 (Original Rule 36) 

Pursuant to Article 31, paragraph two of the Patent Law, filing an application for multiple similar designs 

      

 10 

of the same product, other designs of the same product in said application shall be similar to the basic 

design designated in the concise description. There must not be more than 10 similar designs in one 

application for a design patent. 

 

“Two or more designs belonging to the same class or sold or used in sets” referred to in Article 31, 

paragraph two of the Patent Law refers to products belonging to the same general class and are 

conventionally sold or used at the same time, and the designs of each product have the same design 

conception. 

 

Where two or more designs are filed as one application, they shall be numbered consecutively and the 

numbers shall be marked before the titles of each drawing or photo of the product incorporating the 

design. 

 

Rule 36  

When withdrawing an application for a patent, the applicant shall submit to the Patent Administration 

Department under the State Council   a declaration to that effect stating the title of the 

invention-creation, the filing number and the date of filing. 

 

Where a declaration to withdraw an application for a patent is submitted after the preparations for the 

publication of the application document has been completed by the Patent Administration Department 

under the State Council, the application document shall be published as scheduled. However, the 

declaration withdrawing the application for patent shall be published in the next issue of the Patent 

Gazette. 

 

Chapter 3 

Examination and Approval of Patent Applications 

 

Rule 37  

Where any of the following events occurs, a person who makes examination or hears a case in the 

procedures of preliminary examination, examination as to substance, reexamination or invalidation shall, 

on his own initiative or upon the request of the parties concerned or any other interested person, be 

excluded from excising his function: 

 

(1) where he is a near relative of the party concerned or the agent of the party concerned; 

 

(2) where he has an interest in the application for patent or the patent right; 

 

(3) where he has any other kinds of relations with the party concerned or with the  agent of the party 

concerned that may influence impartial examination and hearing. 

 

(4) where a member of the Patent Reexamination Board who has taken part in the examination of the 

same application. 

 

Rule 38  

Upon the receipt of an application for a patent for invention or utility model consisting of a request, a 

description (drawings must be included in an application for utility model) and claims, or an application 

for a patent for design consisting of a request, drawings or photographs showing the design and a brief 

description, the Patent Administration Department under the State Council   shall accord the date of 

filing, issue a filing number, and notify the applicant. 

 

Rule 39  

In any of the following circumstances, the Patent Administration Department under the State Council   

shall refuse to accept the application and notify the applicant accordingly: 

 

(1) where the application for a patent for invention or utility model does not contain a request, a 

description (the description of utility model does not contain drawings) or claims, or the application 

for a patent for design does not contain a request, drawings or photographs, or brief description; 

 

(2) where the application is not written in Chinese; 

       

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(3) where the application is not in conformity with the provisions of Rule121, paragraph one of these 

Implementing Regulations; 

 

(4) where the request does not contain the name or title of the applicant, or does not contain the 

address of the applicant; 

 

(5) where the application is obviously not in conformity with the provisions of Article 18, or of Article l9, 

paragraph one of the Patent Law; 

 

(6) where the kind of protection (patent for invention, utility model or design) of the application for a 

patent is not clear and definite or cannot be ascertained. 

 

Rule 40  

Where the description states that it contains explanatory notes to the drawings but the drawings or part 

of them are missing, the applicant shall, within the time limit specified by the Patent Administration 

Department under the State Council, either furnish the drawings or make a declaration to delete the 

explanatory notes. If the drawings are submitted later, the date of their delivery at, or mailing to the 

Patent Administration Department under the State Council  shall be deemed as the date of filing the 

application; if the explanatory notes to the drawings are deleted, the original date of filing shall be 

retained. 

 

Rule 41 (Original Rule 13) 

If two or more applicants apply separately on the same day (the filing date, or the priority date if available) 

for a patent on the same invention-creation, the patents shall upon being informed by the Patent 

Department under the State Council, on its own initiative, negotiate with each other to ascertain the 

applicant. 

 

Where an applicant files an application for a utility model patent and invention patent for the same 

invention-creation on the same day (the filing date), the applicant shall declare that he or it has applied 

for the other patent for the same invention-creation.  Without such a declaration, the Article 9, 

paragraph one of the Patent Law shall apply, i.e only one patent can be granted for a same invention. 

 

The Patent Department under the State Council, when announces the grant of patent for a utility model, 

shall also announce that the applicant has made the declaration that a invention patent has concurrently 

been applied for as stated in the paragraph 2 of this Rule. 

 

If no reason of objection was found during the examination of a patent application, the applicant shall be 

notified by the Patent Department under the State  Council to declare within prescribed time limit to give 

up the utility model patent right. Where the applicant makes such a declaration,  the Patent Department 

under the State Council shall make a decision to grant the applicant the  invention patent, and 

announce this declaration while announcing the grant of invention patent; where an applicant refuses to 

give up the utility model patent right, the Patent Department shall deny the application for invention 

patent; where the applicant does not reply within the prescribed time limit, the application for an invention 

patent shall be deemed withdrawn. 

 

The utility model patent right is terminated upon the date of announcing the grant of the invention patent. 

 

Rule 42  

Where an application for a patent contains two or more inventions, utility models or designs, the 

applicant may, before the expiration of the time limit provided for in Rule 54, paragraph one of these 

Implementing Regulations, submit to the Patent Administration Department under the State Council   a 

divisional application. However, where an application for patent has been rejected, withdrawn or is 

deemed to have been withdrawn, no divisional application may be filed. 

 

If the Patent Administration Department under the State Council   finds that an application for a patent 

is not in conformity with the provisions of Article 3l of the Patent Law or of Rule 34 or 35 of these 

Implementing Regulations, it shall invite the applicant to amend the application within a specified time 

limit; if the applicant fails to make any response after the expiration of the specified time limit, the 

application shall be deemed to have been withdrawn. 

 

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The divisional application may not change the kind of protection of the initial application. 

 

Rule 43  

A divisional application filed in accordance with Rule 42 of these Implementing Regulations shall be 

entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that 

the divisional application does not go beyond the scope of disclosure contained in the initial application. 

 

The divisional application shall go through all the procedures in accordance with the provisions of the 

Patent Law and these Implementing Regulations. 

 

The filing number and the date of filing of the initial application shall be indicated in the request for a 

divisional application. When the divisional application is filed, it shall be accompanied by a copy of the 

initial application; if the initial application enjoys priority, a copy of the priority document of the initial 

application shall also be submitted. 

 

Rule 44   

"Preliminary examination" referred to in Articles 34 and 40 of the Patent Law means the check of an 

application for a patent to see whether or not it contains the documents as provided for in Articles 26 or 

27 of the Patent Law and other necessary documents, and whether or not those documents are in the 

prescribed form; such check shall also include the following: 

 

(1) Whether or not an application for a patent for invention obviously falls under Articles 5 or 25 of the 

Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraph one, or 

Article 20, paragraph one of the Patent Law, or Rule 16, or Rule 26, paragraph two of this 

Implementing Rules, or is obviously not in conformity with the provisions of Article 2 paragraph two, 

or Article 26, paragraph five, or Article 31, paragraph one, or Article 33 of the Patent Law, or of Rule 

17 to Rule 21 of these Implementing Regulations; 

 

(2) whether or not an application for a patent for utility model obviously falls under Article 5 or 25 of the 

Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraph one, or 

Article 20, paragraph one of the Patent Law, or Rule 16 to 19, or Rule 21 to 23 of these 

Impelementing Rules, or is obviously not in conformity with the provisions of Article 2, paragraph 3 or 

Article 22, paragraph two or four, or Article 26, paragraph three or four, or of Article 31, paragraph 

one, or of Article 33 of the Patent Law, or of Rule 20, or of Rule 43, paragraph one of these 

Implementing Regulations, or is not entitled to a patent right in accordance with the provisions of 

Article 9 of the Patent Law; 

 

(3) whether or not an application for a patent for design obviously falls under Article 5, or Article 25, 

paragraph one, Subparagraph 6 of the Patent Law, or is not in conformity with the provisions of 

Article l8 or of Article l9, paragraph one of the Patent Law, or with the provisions of Rule 16, Rule 27, 

Rule 28 of these Implementing Rules, or is obviously not in conformity with the provisions of Article 2, 

paragraph four, or of Article 23, paragraph one, or Article 27, paragraph two, or Article 31, paragraph 

two, or Article 33 of the Patent Law, or of Rule 43, paragraph one of these Implementing Regulations, 

or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law. 

 

(4) whether or not the application documents comply with the provisions of Rule 2 and Rule 3, 

paragraph one of the Implementing Regulations. 

 

The Patent Administration Department under the State Council   shall notify the applicant of its 

opinions and require the applicant to state the observations or to correct the application within the 

specified time limit. If the applicant fails to make any response within the specified time limit, the 

application shall be deemed to have been withdrawn. Where, after the applicant has made the 

observations or the corrections, the Patent Administration Department under the State Council   finds 

that the application is still not in conformity with the provisions of the preceding subparagraphs, the 

application shall be rejected. 

 

Rule 45  

Apart from the application for patent, any document relating to the patent application which is submitted 

to the Patent Administration Department under the State Council, shall, in any of the following 

circumstances, be deemed not to have been submitted: 

       

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(1) where the document is not presented in the prescribed form or the indications therein are not in 

conformity with the prescriptions; 

 

(2) where no certifying document is submitted as prescribed. 

 

The Patent Administration Department under the State Council shall notify the applicant of its opinion 

after checking that the document is deemed not to have been submitted. 

 

Rule 46  

Where the applicant requests an earlier publication of its or his application for a patent for invention, a 

statement shall be made to the Patent Administration Department under the State Council. The Patent 

Administration Department under the State Council   shall, after preliminary examination of the 

application, publish it immediately, unless it is to be rejected. 

 

Rule 47  

The applicant shall, when indicating in accordance with Article 27 of the Patent Law the product 

incorporating the design and the class to which that product belongs, refer to the classification of 

products for designs published by the Patent Administration Department under the State Council. Where 

no indication, or an incorrect indication, of the class to which the product incorporating the design 

belongs is made, the Patent Administration Department under the State Council   shall supply the 

indication or correct it. 

 

Rule 48  

Any person may, from the date of publication of an application for a patent for invention till the date of 

announcing the grant of the patent right, submit to the Patent Administration Department under the State 

Council  his observations, with  reasons therefor, on the application which is not in conformity with the 

provisions of the Patent Law. 

 

Rule 49  

Where the applicant for a patent for invention cannot furnish, for justified reasons, the documents 

concerning any search or results of any examination specified in Article 36 of the Patent Law, it or he 

shall make a statement to the Patent Administration Department under the State Council   and submit 

them when the said documents are available. 

 

Rule 50  

The Patent Administration Department under the State Council   shall, when proceeding on its own 

initiative to examine an application for a patent in accordance with Article 35, paragraph two of the 

Patent Law, notify the applicant accordingly. 

 

Rule 51  

When a request for examination as to substance is made, and that, within the time limit of three months 

after the receipt of the notification of the Patent Administration Department under the State Council, the 

application has entered into examination as to substance, the applicant for a  

 

Within two months from the date of filing, the applicant for a patent for utility model or design may amend 

the application on its or his own initiative. 

 

Where the applicant amends the application after receiving the notification of opinions of the examination 

as to substance of the Patent Administration Department under the State Council, he or it shall amend 

the defects as pointed out in the notification.  

 

The Patent Administration Department under the State Council may, on its own initiative, correct the 

obvious clerical mistakes and symbol mistakes in the documents of application for a patent. Where the 

Patent Administration Department under the State Council corrects mistakes on its own initiative, it shall 

notify the applicant. 

 

Rule 52  

When an amendment to the description or the claims in an application for a patent for invention or utility 

model is made, a replacement sheet in prescribed form shall be submitted, unless the amendment 

      

 14 

concerns only the alteration, insertion or deletion of a few words. Where an amendment to the drawings 

or photographs of an application for a patent for design is made, a replacement sheet shall be submitted 

as prescribed. 

 

Rule 53  

In accordance with the provisions of Article 38 of the Patent Law, the circumstances where an 

application for a patent for invention shall be rejected by the Patent Administration Department under the 

State Council after examination as to substance are as follows: 

 

(1) Where the application falls under the provisions of Article 5 or 25 of the Patent Law, or the applicant 

is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law. 

 

(2) Where the application  does not comply with the provisions of Article 2, paragraph two, or Article 

20, paragraph one,  Article 22, Article 26, paragraph three or four or five, or Article 31, paragraph 

one of the Patent Law ,or of Rule 20, paragraph two of these Implementing Regulations; 

 

(3) Where the amendment to the application does not comply with the provisions of Article 33 of the 

Patent Law, or the divisional application does not comply with the provisions of Rule 43, paragraph 

one of theImplementing Regulations. 

 

Rule 54  

After the Patent Administration Department under the State Council   issues the notification to grant the 

patent right, the applicant shall go through the procedures of registration within two months from the date 

of receipt of the notification. If the applicant completes the procedures of registration within the said time 

limit, the Patent Administration Department under the State Council   shall grant the patent right, issue 

the patent certificate and announce it. 

 

If the applicant does not go through the procedures of registration within the time limit, he or it shall be 

deemed to have abandoned its or his right to obtain the patent right. 

 

Rule 55 (Newly added) 

If no reason for rejection was found after the examination of an application for a confidential patent, the 

Patent Department under the State Council shall issue a decision to grant the confidential patent, issue 

the confidential patent certificate, and register related items to the confidentiality patent. 

 

Rule 56 (Original Rule 55)  

After the announcement of the decision to grant a patent for utility model or for a design, the patentee or 

any other interested person of the said patent as decribed in Article 60 of the Patent Law may request 

the Patent Administration Department under the State Council   to make an evaluation report on the 

patent. 

 

Where such person requests for an evaluation report on the patent, he shall submit a request, indicating 

the patent number of the said patent. Each request shall be limited for one patent. 

 

Where a request for an evaluation report on a patent does not comply with relevant provisions, the 

Patent Department under the State Council shall inform the applicant to make corrections within 

prescribed time limit; if the applicant does not submit any amendment or corrections after the expiration 

of the due date, his request shall be deemed not having been submitted. 

 

Rule 57 (Original Rule 56) 

The Patent Department under the State Council shall make the evaluation report on a patent within 2 

months after a request for such report is received. If more than one request was made for such an 

evaluation report on the same patent for utility model or design, the Patent Department under the State 

Council shall only issue one evaluation report on the patent. Any entity or individual is entitled to view or 

make copies of said evaluation report on a patent. 

 

Rule 58  

The Patent Administration Department under the State Council   shall correct promptly the errors in the 

patent announcements or Patent Offprint once they are discovered, and the corrections shall be 

announced. 

       

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Chapter 4 

Re-examination of Patent Applications and Invalidation of Patent Rights 

 

Rule 59  

The Patent Reexamination Board shall consist of technical and legal experts appointed by the Patent 

Administration Department under the State Council. The person responsible for the Patent 

Administration Department under the State Council shall be the Director of the Board. 

 

Rule 60 (Incorporating original Rule 59)  

Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance 

with the provisions of Article 41 of the Patent Law, it or he shall file a request for reexamination, state the 

reasons and, when necessary, attach the relevant supporting documents. 

 

Where the request for reexamination does not comply with the provisions of Article 19, paragraph one or 

of Article 41, paragraph one of

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