Comparison chart of the fourth amendment of the Chinese Patent Law (2020)

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Comparison chart between the third amendment of the Chinese Patent Law (2008) and the fourth amendment of the Chinese Patent Law (2020) approved by the 22nd meeting of the 13th session of the Standing Committee of the National People's Congress

The third amendment of the Chinese Patent Law (2008)	The fourth amendment of the Chinese Patent Law (2020) approved by the 22nd meeting of the 13th session of the Standing Committee of the National People's Congress
Chapter 1 GENERAL PROVISIONS	Chapter 1 GENERAL PROVISIONS
Article 1 This Law is enacted to protect patent rights for inventions-creations, to encourage inventions-creations, to foster the spreading and application of Inventions-creations, and to promote the development of science and technology, for meeting the needs of the construction of socialist modernization.	Article 1 This Law is enacted to protect patent rights for inventions-creations, to encourage inventions-creations, to foster the spreading and application of Inventions-creations, and to promote the development of science and technology, for meeting the needs of the construction of socialist modernization.
Article 2 The inventions-creations herein refer to inventions, utility models and designs. Inventions refer to new technical plans for products and methods or improvement thereof. Utility models refer to new technical plans of practical utility for the shape and/or structure of products. Designs refer to new designs of aesthetic feeling and suitability to industrial application for the shape and/or pattern of products as well as the color and shape and pattern of products.	(Amended) Article 2 The inventions-creations herein refer to inventions, utility models and designs. Inventions refer to new technical plans for products and methods or improvement thereof. Utility models refer to new technical plans of practical utility for the shape and/or structure of products. Designs refer to new designs of aesthetic feeling and suitability to industrial application for the overall or partial shape and/or pattern of products as well as the color and shape and pattern of products.
Article 3 The Patent Administrative Organ under the State Council is responsible for the patent work nationwide, receives and examines patent applications and grants patent rights for inventions-creations that conform to the provisions of this Law. The authorities for patent work under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the patent administration work within their jurisdictions.	Article 3 The Patent Administrative Organ under the State Council is responsible for the patent work nationwide, receives and examines patent applications and grants patent rights for inventions-creations that conform to the provisions of this Law. The authorities for patent work under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the patent administration work within their jurisdictions.
Article 4 Where an invention-creation for which a patent is applied relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State.	Article 4 Where an invention-creation for which a patent is applied relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State.
Article 5 No patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest. No patent right shall be granted for any invention-creation that is made on the basis of the generic resources which are obtained or utilized in violation of laws and administrative regulations.	Article 5 No patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest. No patent right shall be granted for any invention-creation that is made on the basis of the generic resources which are obtained or utilized in violation of laws and administrative regulations.
Article 6 An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him by mainly using the material and technical means of the entity is a service invention. For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. For a non-service invention-creation, the right to apply for a patent belongs to the inventor or designer. After the application is approved, the inventor or designer shall be the patentee. For an invention-creation made by a person by using the material and technical means of the entity to which he belongs, and where the entity and the inventor or designer has entered into an agreement under which there is provision on who has right to apply for a patent and to whom the patent right belongs, the provisions of the agreement shall prevail.	(Amended) Article 6 An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him by mainly using the material and technical means of the entity is a service invention. For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. The entity may handle the right to apply for a patent or the patent rights for a service invention according to law, to facilitate implementation and exploitation of the related invention-creation. For a non-service invention-creation, the right to apply for a patent belongs to the inventor or designer. After the application is approved, the inventor or designer shall be the patentee. For an invention-creation made by a person by using the material and technical means of the entity to which he belongs, and where the entity and the inventor or designer has entered into an agreement under which there is provision on who has right to apply for a patent and to whom the patent right belongs, the provisions of the agreement shall prevail.
Article 7 No entity or individual shall prevent the inventor or designer from filing an application for a patent for a non-service invention-creation.	Article 7 No entity or individual shall prevent the inventor or designer from filing an application for a patent for a non-service invention-creation.
Article 8 For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission for another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual which made or jointly made the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee.	Article 8 For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission for another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual which made or jointly made the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee.
Article 9 Only one patent right may be granted for the identical invention-creation. However, where the same applicant applies for the utility model patent and invention-creation patent for the same invention-creation in the same day, if the utility model patent which was obtained firstly has not terminated and the applicant declares to give up this utility model patent, the invention-creation patent may be granted to the applicant. Where two applicants or more file applications for the patent for the identical invention-creation, the patent right shall be granted to the applicant whose application was filed first.	Article 9 Only one patent right may be granted for the identical invention-creation. However, where the same applicant applies for the utility model patent and invention-creation patent for the same invention-creation in the same day, if the utility model patent which was obtained firstly has not terminated and the applicant declares to give up this utility model patent, the invention-creation patent may be granted to the applicant. Where two applicants or more file applications for the patent for the identical invention-creation, the patent right shall be granted to the applicant whose application was filed first.
Article 10 The right to apply for a patent and the patent right may be assigned. For any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner, a foreign enterprise or other foreign organization, the entity or individual concerned shall go through the procedures for such assignment in accordance with the relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is assigned, the parties must conclude a written contract and should register it with the patent administrative organ under the State Council. The patent administrative organ shall announce the registration. The assignment will come into force upon the date of registration.	Article 10 The right to apply for a patent and the patent right may be assigned. For any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner, a foreign enterprise or other foreign organization, the entity or individual concerned shall go through the procedures for such assignment in accordance with the relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is assigned, the parties must conclude a written contract and should register it with the patent administrative organ under the State Council. The patent administrative organ shall announce the registration. The assignment will come into force upon the date of registration.
Article 11 After the grant of the patent right for an invention or utility model, except as otherwise provided for in the law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product; or use the patented process or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes. After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the design, that is, make, sell or import the product incorporating its or his patented design, for production or business purposes.	Article 11 After the grant of the patent right for an invention or utility model, except as otherwise provided for in the law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product; or use the patented process or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes. After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the design, that is, make, sell or import the product incorporating its or his patented design, for production or business purposes.
Article 12 Any entity or individual exploiting the patent of another must, except as provided for in Article 14 of this Law, conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract for exploitation, to exploit the patent.	Article 12 Any entity or individual exploiting the patent of another must, except as provided for in Article 14 of this Law, conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract for exploitation, to exploit the patent.
Article 13 After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee.	Article 13 After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee.
Article 14 For any patent for invention belonging to state-owned enterprises or entities, which is of great significance to national or public interests, the competent departments under the State Council as well as the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government have the power to decide, after approved by the State Council, the said patented invention be spread and exploited within the prescribed scope and to allow designated entities to exploit it. The entities that exploit it shall, according to the prescriptions of the State, pay exploitation fees to the patentee.	(moved to Article 49)
Article 15 Where the joint owners of the right to apply for a patent or a patent right have an agreement between them, the agreement shall prevail. Otherwise, the joint owners may individually exploit the patent or authorize others to exploit the patent by means of general license. Where others are authorized to exploit the patent, the fees collected shall be shared by the joint owners. Except for the above-mentioned situations, the consent of all of the joint owners shall be obtained for the exploitation of a joint-owned right to apply for a patent or a patent right.	Article 14 Where the joint owners of the right to apply for a patent or a patent right have an agreement between them, the agreement shall prevail. Otherwise, the joint owners may individually exploit the patent or authorize others to exploit the patent by means of general license. Where others are authorized to exploit the patent, the fees collected shall be shared by the joint owners. Except for the above-mentioned situations, the consent of all of the joint owners shall be obtained for the exploitation of a joint-owned right to apply for a patent or a patent right.
Article 16 The entity that is granted the patent right shall award to the inventor or designer of a service invention-creation a reward and, upon the exploitation of the patented invention-creation, shall award to the inventor or designer an appropriate remuneration based on the extent of exploitation and application and the economic benefits yielded.	Article 15 The entity that is granted the patent right shall award to the inventor or designer of a service invention-creation a reward and, upon the exploitation of the patented invention-creation, shall award to the inventor or designer an appropriate remuneration based on the extent of exploitation and application and the economic benefits yielded. The State encourages the entity that granted the patent right to implement property right incentives by means of for example stock rights, options and dividends, so that inventors or designers enjoy reasonably shares of the benefits of innovation.
Article 17 The inventor or designer has the right to be named as such in the patent document. The patentee has the right to affix a patent mark on the patented product or on the packing of that product.	Article 16 The inventor or designer has the right to be named as such in the patent document. The patentee has the right to affix a patent mark on the patented product or on the packing of that product.
Article 18 Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.	Article 17 Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
Article 19 Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the patent administrative organ under the State Council to act as his or its agent. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent. The patent agencies should abide by the laws and administrative regulations and should deal with patent applications and other patent matters according to the commissions of the clients. Except for those applications that have been published or announced, the agencies should bear the responsibility for keeping confidential the content of its clients' inventions-creations. The administrative regulations for administering the patent agencies shall be formulated by the State Council.	Article 18 Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the patent administrative organ under the State Council to act as his or its agent. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent. The patent agencies should abide by the laws and administrative regulations and should deal with patent applications and other patent matters according to the commissions of the clients. Except for those applications that have been published or announced, the agencies should bear the responsibility for keeping confidential the content of its clients' inventions-creations. The administrative regulations for administering the patent agencies shall be formulated by the State Council.
Article 20 Where any entity or individual intends to file an application in a foreign country for a patent for its or his invention-creation made in China, it or he shall report to the patent administrative organ under the State Council for a secret inspection. The procedures and time limit for the secret inspection shall be subject to the provisions provided by the State Council. Any Chinese entity of individual may, according to the international treaties concerned to which China is a party, file an international application for patent for its or his invention-creation. The applicant for the international application should abide by the provisions of the preceding paragraph. The patent administrative organ under the State Council shall handle the international application for patent in line with the international treaty to which China is a party, this Law and the administrative regulations concerned made by the State Council. For any invention or utility model for which the patent has been applied in a foreign country in violation of the provisions as stipulated in Paragraph 1 herein, if the application for the patent for it in China is filed, no patent right shall be granted.	Article 19 Where any entity or individual intends to file an application in a foreign country for a patent for its or his invention-creation made in China, it or he shall report to the patent administrative organ under the State Council for a secret inspection. The procedures and time limit for the secret inspection shall be subject to the provisions provided by the State Council. Any Chinese entity of individual may, according to the international treaties concerned to which China is a party, file an international application for patent for its or his invention-creation. The applicant for the international application should abide by the provisions of the preceding paragraph. The patent administrative organ under the State Council shall handle the international application for patent in line with the international treaty to which China is a party, this Law and the administrative regulations concerned made by the State Council. For any invention or utility model for which the patent has been applied in a foreign country in violation of the provisions as stipulated in Paragraph 1 herein, if the application for the patent for it in China is filed, no patent right shall be granted.
	(Added) Article 20 Where a patent is applied or a patent right is exploited, the principle of good faith shall be implemented. The patent right shall not be abused to damage public interests or the legitimate rights and interests of others. Abuse of patent rights to exclude or restrict competition, which constitutes monopolistic behavior, shall be punished in accordance with the Anti-Monopoly Law of the People's Republic of China.
Article 21 The patent administrative organ under the State Council and the patent reexamination board subordinated to it shall handle patent applications and requests concerned according to law and in the spirit of objectiveness, justice, precision and punctuality. The patent administrative organ under the State Council shall release complete and accurate patent information in a timely manner, and publish patent communiqués periodically. Until the publication or announcement of the application for a patent, staff members of the patent administrative organ and other personnel involved have the duty to keep its content confidential.	(Amended) Article 21 The patent administrative organ under the State Council ~~and the patent reexamination board subordinated to it~~ shall handle patent applications and requests concerned according to law and in the spirit of objectiveness, justice, precision and punctuality. The patent administrative organ under the State Council shall improve the common service system for patent information, release complete and accurate patent information in a timely manner, provide basic patent data, ~~and~~ publish patent communiqués periodically, and promote publication and exploitation of patent information. Until the publication or announcement of the application for a patent, staff members of the patent administrative organ and other personnel involved have the duty to keep its content confidential.
CHAPTER II REQUIREMENTS FOR GRANT OF PATENT RIGHT	CHAPTER II REQUIREMENTS FOR GRANT OF PATENT RIGHT
Article 22 Any invention or utility model for which patent right may be granted must be of novelty, inventiveness and practical applicability. Novelty means neither the invention or utility model belongs to any existing technique, nor any entity or individual filed previously with the patent administrative organ under the State Council an application for the identical invention or utility model and it was recorded in any published patent application document or announced patent document after the date of application. Inventiveness means that, as compared with the existing technique, the invention has prominent substantive features and represents a notable progress and the utility model has substantive features and represents progress. Practical applicability means that the invention or utility model can be made or used and can produce effective results. The existing techniques herein refer to the techniques known to the public at both home and abroad before the date of application.	Article 22 Any invention or utility model for which patent right may be granted must be of novelty, inventiveness and practical applicability. Novelty means neither the invention or utility model belongs to any existing technique, nor any entity or individual filed previously with the patent administrative organ under the State Council an application for the identical invention or utility model and it was recorded in any published patent application document or announced patent document after the date of application. Inventiveness means that, as compared with the existing technique, the invention has prominent substantive features and represents a notable progress and the utility model has substantive features and represents progress. Practical applicability means that the invention or utility model can be made or used and can produce effective results. The existing techniques herein refer to the techniques known to the public at both home and abroad before the date of application.
Article 23 Neither the design for which a patent right may be granted belongs to existing designs, nor any entity or individual has filed with the patent administrative organ under the State Council an application for the identical design before the date of application and it was recorded in any announced patent document after the date of application. The design for which a patent right may be granted shall be obviously different from any existing design or any combination of existing design features. The design for which a patent right may be granted shall not collide with any legitimate rights obtained by others before the date of application. The existing design herein refers to the designs known to the public at both home and abroad before the date of application.	Article 23 Neither the design for which a patent right may be granted belongs to existing designs, nor any entity or individual has filed with the patent administrative organ under the State Council an application for the identical design before the date of application and it was recorded in any announced patent document after the date of application. The design for which a patent right may be granted shall be obviously different from any existing design or any combination of existing design features. The design for which a patent right may be granted shall not collide with any legitimate rights obtained by others before the date of application.
Article 24 An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; (2) where it was first made public at a prescribed academic or technological meeting; (3) where it was disclosed by any person without the consent of the applicant.	(Amended) Article 24 An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for the purpose of public interest when the country is in emergency or in an abnormal state; (2) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; (3) where it was first made public at a prescribed academic or technological meeting; (4) where it was disclosed by any person without the consent of the applicant.
Article 25 For any of the following items, no patent right shall be granted: (1) Scientific discoveries; (2) Rules and methods for mental activities; (3) Methods for the diagnosis or the treatment of diseases; (4) Animal and plant varieties; (5) Substances obtained by means of nuclear transformation; and (6) Designs for the pattern or/and color on printed matters mainly used as marks. For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.	(Amended) Article 25 For any of the following items, no patent right shall be granted: (1) Scientific discoveries; (2) Rules and methods for mental activities; (3) Methods for the diagnosis or the treatment of diseases; (4) Animal and plant varieties; (5) Nuclear transformation and substances obtained by means of nuclear transformation; and (6) Designs for the pattern or/and color on printed matters mainly used as marks. For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.
CHAPTER III APPLICATION FOR PATENT	CHAPTER III APPLICATION FOR PATENT
Article 26 Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, and claims shall be submitted. The request shall state the title of the invention or utility model, the name of the inventor, the name and the address of the applicant and other related matters. The description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention or utility model. The claims shall be supported by the description and shall state the extent of the patent protection asked for. For any invention-creation based on generic resources, an applicant shall state the direct source and the origin of the said generic resources in its/his patent application documents; if it/he cannot tell the origin, reasons shall be given.	Article 26 Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, and claims shall be submitted. The request shall state the title of the invention or utility model, the name of the inventor, the name and the address of the applicant and other related matters. The description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention or utility model. The claims shall be supported by the description and shall state the extent of the patent protection asked for. For any invention-creation based on generic resources, an applicant shall state the direct source and the origin of the said generic resources in its/his patent application documents; if it/he cannot tell the origin, reasons shall be given.
Article 27 Where an application for a patent for design is filed, a request, drawings or photographs of the design as well as a brief description of the design shall be submitted. The drawings or photographs submitted by the applicant shall clearly show the design incorporated in a product for which patent protection is requested.	Article 27 Where an application for a patent for design is filed, a request, drawings or photographs of the design as well as a brief description of the design shall be submitted. The drawings or photographs submitted by the applicant shall clearly show the design incorporated in a product for which patent protection is requested.
Article 28 The date on which the patent administrative organ under the State Council receives the application shall be the date of application. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of application.	Article 28 The date on which the patent administrative organ under the State Council receives the application shall be the date of application. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of application.
Article 29 Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority. Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention or utility model, he or it files with the patent administrative organ under the State Council an application for a patent for the same subject matter, he or it may enjoy a right of priority.	(Amended) Article 29 Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority. Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention or utility model, or within six months from the date on which any applicant first filed in China an application for a patent for design, he or it files with the patent administrative organ under the State Council an application for a patent for the same subject matter, he or it may enjoy a right of priority.
Article 30 Any applicant who claims the right of priority shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting the patent application document, the claim to the right of priority shall be deemed not to have been made.	(Amended) Article 30 Any applicant who claims the right of priority for a patent for invention or utility model shall make a written declaration when the application is filed, and submit, within ~~three months~~ sixteen months from the date on which the applicant first filed an application for invention or utility model, a copy of the patent application document which was first filed;. Any applicant who claims the right of priority for a patent for design shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed. If the applicant fails to make the written declaration or to meet the time limit for submitting the patent application document, the claim to the right of priority shall be deemed not to have been made.
Article 31 An application for a patent for invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a single general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs for a product or two or more designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application.	Article 31 An application for a patent for invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a single general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs for a product or two or more designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application.
Article 32 An applicant may withdraw his or its application for a patent at any time before the patent right is granted.	Article 32 An applicant may withdraw his or its application for a patent at any time before the patent right is granted.
Article 33 An applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of the disclosure contained in the initial description and claims, and the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs.	Article 33 An applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of the disclosure contained in the initial description and claims, and the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs.
CHAPTER IV EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT	CHAPTER IV EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT
Article 34 Where, after receiving an application for a patent for invention, the patent administrative organ under the State Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, the patent administrative organ under the State Council publishes the application earlier.	Article 34 Where, after receiving an application for a patent for invention, the patent administrative organ under the State Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, the patent administrative organ under the State Council publishes the application earlier.