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Announcement of China National Intellectual Property Administration on the Interim Measures for Handling Relevant Issues after China’s Accession to the Hague Agreement CNIPA Announcement No. 511
In order to guarantee smooth practice of the Hague Agreement Concerning the International Registration of Industrial Designs (1999) (hereinafter referred to as “the Hague Agreement”) and to fulfill the urge needs of innovative subjects for examination, CNIPA hereby releases the amended Interim Measures for Handling Relevant Issues after China’s Accession to the Hague Agreement which is to be enacted as of January 11, 2023.
China National Intellectual Property Administration
January 4, 2023
Interim Measures for Handling Relevant Issues after China’s Accession to the Hague Agreement
Article 1 As of May 5, 2022, Chinese entities or individuals may, pursuant to the provision of paragraph 2, Article 19 of the Chinese Patent Law, file an application for international registration of industrial design under the Hague Agreement Concerning the International Registration of Industrial Designs (1999).
The applicant may directly file an application for international registration of industrial design with the international bureau of World Intellectual Property Organization (hereinafter referred to as “the international bureau”), or may transfer an application for international registration of industrial design in English through China National Intellectual Property Administration.
Where an application for international registration of industrial design is filed through China National Intellectual Property Administration, the relevant documents shall be submitted in paper or electronic form in conformity with the Hague Agreement and the related regulations of China National Intellectual Property Administration.
The relevant fees prescribed by the Hague Agreement shall be paid by the applicant to the International Bureau directly.
Article 2 An application for international registration of industrial design designating China (hereinafter referred to as “international application for design”) with an international registration date determined under the Hague Agreement shall be deemed as an application for design filed with China National Intellectual Property Administration. The international registration date shall be deemed as the filing date under Article 28 of the Chinese Patent Law.
Article 3 For an international application for design, China National Intellectual Property Administration shall proceed in accordance with the Chinese Patent Law, the Implementing Regulations of the Patent Law, the Guidelines for Patent Examination, and these Measures.
As of the enacting date of these measures, China National Intellectual Property Administration assigns a national application number to an international application for design and examines the international application for design, and notifies the international bureau of the examination result.
Where an international application for design is examined to have no grounds for rejection, China National Intellectual Property Administration shall make a decision to protect the corresponding design and notify the international bureau.
Where an international application for design is found in examination to not conform to the Chinese Patent Law and the Implementing Regulations of the Patent Law, China National Intellectual Property Administration shall notify the international bureau that the application is rejected.
Article 4 Where an international application for design published by the international bureau includes description of design essentials, it shall be deemed that a brief description have been submitted under relevant regulations.
Article 5 For an international application for design, the applicant shall respond to office opinions in Chinese. Amendments to the application documents shall be made in English.
Article 6 For an international application for design, China National Intellectual Property Administration does not charge the priority claim fee.
Where an applicant claims the right of priority but does not submit a copy of the earlier application upon filing the international application for design, the applicant shall submit a copy of application documents of an earlier application to China National Intellectual Property Administration within three (3) months from the international publication date of the application.
Where the applicant recorded in the copy of application documents of the earlier application is inconsistent with the applicant of the later application, the applicant shall submit the related certifying documents to China National Intellectual Property Administration within three months from the international publication date of the application.
Where the applicant fails to submit the copy of application documents of the earlier application or the related certifying documents upon expiration of the afore-prescribed period, it shall be deemed that no right of priority is claimed. Where an international application for design is deemed to claim no right of priority, Rule 6 of the Implementing Regulations of the Patent Law shall not be applied.
Article 7 When an applicant of an international application for design responds to a Notification of Rejection, petitions for reexamination, or moves to other patent-relating issues, unless otherwise prescribed by the Implementing Regulations of the Patent Law, the provision of paragraph 1, Article 18 of the Chinese Patent Law shall be followed.
Article 8 An applicant of an international application for design may, within two months from the international publication date of the application, file a divisional application with China National Intellectual Property Administration.
Where the applicant files the divisional application according to office opinions, the divisional application shall be filed as late as within two months from the publication date of the original application in China. Where the above period expires, or the original application has been rejected, or the original application is deemed withdrawn and the rights has not been restored, generally no divisional application may be filed.
Article 9 Where an applicant considers a design of an international application for design to fall in the circumstances prescribed by paragraph 2 or 3 of Article 24 of the Chinese Patent Law, the applicant shall make a declaration upon filing the international application for design and shall submit the related certifying documents to China National Intellectual Property Administration within two months from the international publication date, accompanied by relevant explanation. Where such a declaration or certifying documents are not submitted, the application shall not apply the provisions of Article 24 of the Chinese Patent Law.
Article 10 Where the applicant pays the relevant fees for an international application for design, the payment shall be made fully under the national application number or the international application number in accordance with the provisions of the international bureau and China National Intellectual Property Administration. The charging standard of the individual designation fee for an international application for design is implemented in accordance with the Announcement of China National Intellectual Property Administration on Relevant Issues Concerning Annual Fee of Design Patent and Individual Designation Fee.
Article 11 Where an applicant or patentee of an international application for design requests making changes in bibliographic data, in addition to the procedures at the international bureau, certifying documents shall be submitted to China National Intellectual Property Administration. Where the certifying documents are in a foreign language, a Chinese translation of the bibliographic data shall be submitted. Where the certifying documents are absent or substandard, China National Intellectual Property Administration notifies the international bureau that the changes in bibliographic data have no effect in China.
Article 12 After an international application for design is announced to be granted, the applicant of the international application for design may request China National Intellectual Property Administration for a copy of patent registration of the international application for design as certificate of protection in China.
Article 13 During the process of examination for invalidation declaration of an international application for design, a patentee without residence in mainland China may deliver relevant documents by mail, fax, e-mail, announcement, and the like. Where the documents are delivered by announcement, it is deemed that the documents have been delivered after a month from the date of announcement.
Article 14 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 15 Where an applicant of an international application for design handles other legal procedures and issues not mentioned in these Measures, it shall file a request under the provisions of the Hague Agreement, the Chinese Patent Law and the Implementing Regulations of the Patent Law, and the Guidelines for Patent Examination.
Article 16 These Measures shall come into force on January 11, 2023. Meanwhile, Interim Measures for Handling Relevant Issues after China’s Accession to the Hague Agreement enacted on May 5, 2022 (CNIPA Announcement No. 481) are abolished as of the same date.
