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Announcement of China National Intellectual Property Administration on the Interim Measures for Examination related to the Implementation of the Revised Patent Law CNIPA Announcement No. 510
In order to guarantee smooth practice of the amended Patent Law and to fulfill the urge needs of innovative subjects for examination of partial designs and domestic right of priority to designs, CNIPA hereby releases the amended Interim Measures for Examination related to the Implementation of the Revised Patent Law which is to be enacted as of January 11, 2023.
China National Intellectual Property Administration
January 4, 2023
Interim Measures for Examination related to the Implementation of the Revised Patent Law
Article 1 As of June 1, 2021 (inclusive, similarly hereinafter), a patent applicant may file an application for design claiming a local part of an article in paper or electronic form under paragraph 4 Article 2 of the Chinese Patent Law.
Where an applicant applies for a patent for partial design, the applicant shall submit the drawings of the whole article, with the content to be protected indicated by a combination of dotted lines and solid lines or other methods. Where the content to be protected includes a perspective shape, the submitted drawings shall include a perspective view that can clearly show the claimed part. Where the content to be protected is not indicated by a combination of dotted lines and solid lines in the drawings of the whole article, the brief description should specify the local part to be protected.
Article 2 As of the date of enactment of these Measures, for an application for patent filed after June 1, 2021, where the applicant considers the application to fall in the circumstances prescribed in paragraph 1 Article 24 of the Chinese Patent Law, the applicant may file a request in paper or electronic form. China National Intellectual Property Administration will examine the application after the amended Implementing Regulations of the Patent Law come into effect.
Article 3 For an application for design filed after June 1, 2021, the applicant may submit a written statement claiming domestic right of priority to a design under paragraph 2 Article 29of the Chinese Patent Law.
Where an applicant of an application for design claims domestic right of priority and the earlier application is an application for design, an application for design for the same subject may be filed. Wherein the earlier application is an application for invention or utility model, an application for design for the same subject may be filed based on the design shown in the attached drawings of the application for invention or utility model.
Where an applicant of an application for design claims domestic right of priority, the earlier application shall be deemed withdrawn as of the filing date of the later application, unless the applicant of the application for design claims the domestic right of priority based on an application for invention or utility model.
Article 4 For an application filed after June 1, 2021, the applicant may submit a copy of the patent application documents filed for the first time under Article 30 of the Patent Law.
Article 5 For a patent for invention announced to be granted as of June 1, 2021, a patentee may, under paragraph 2 Article 42 of the Patent Law, submit a request for compensation for the term of the patent right in paper form within three months from the date of announcement of granting of the patent right, and subsequently pay the relevant fees specified in a notice of payment issued by China National Intellectual Property Administration. China National Intellectual Property Administration will review the request after the amended Implementing Regulations of the Patent Law come into effect.
Article 6 As of June 1, 2021, a patentee may, under paragraph 3 Article 42 of the Patent Law, submit a request for compensation for the term of patent right in paper form within three months from the date of approval of new drug marketing license request, and subsequently pay the relevant fees specified in a notice of payment issued by China National Intellectual Property Administration. China National Intellectual Property Administration will review the request after the amended Implementing Regulations of the Patent Law come into effect.
Article 7 As of the date of enactment of these Measures, a patentee may, under paragraph 1 Article 50 of the Patent Law, voluntarily declare open licensing of its patent in paper form. China National Intellectual Property Administration will review the declaration after the amended Implementing Regulations of the Patent Law come into effect.
Article 8 As of the date of enactment of these Measures, an alleged infringer may, under Article 66 of the Patent Law, in paper or electronic form, request China National Intellectual Property Administration to issue a patent right evaluation report.
Article 9 As of June 1, 2021, China National Intellectual Property Administration reviews patent applications pending for preliminary examination, substantive examination and reexamination in accordance with paragraph 1 Article 20 and paragraph 1(e) Article 25 of the Patent Law.
Article 10 Where an applicant is unsatisfied with a decision made by China National Intellectual Property Administration under these Measures, it may petition for administrative reconsideration or reexamination or initiate administrative proceedings under the law.
Article 11 The term of a design patent of which the filing date is before May 31, 2021 (inclusive) is ten years starting from the filing date.
Article 12 These Measures shall come into force as of January 11, 2023. Meanwhile, the Interim Measures for Examination related to the Implementation of the Revised Patent Law (CNIPA Announcement No. 423) enacted on June 1, 2021 is abolished as of the same date.
