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China

BIZCHINA / Intellectual property

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

Updated: 2006-04-17 14:40

Chapter VIII Patent Registration and Patent Gazette

Article 88 The Patent Administration Department under the State Council
shall keep a Patent Register in which the registration of the following
matters relating to patent application or patent right shall be made:
(1) any grant of the patent right;
(2) any transfer of the right of patent application or the patent right;
(3) any pledge and preservation of the patent right and their discharge;
(4) any patent license contract for exploitation submitted for the record;
(5) any invalidation of the patent right;
(6) any cessation of the patent right;
(7) any restoration of the patent right;
(8) any compulsory license for exploitation of the patent;
(9) any change in the name, nationality and address of the patentee.

Article 89 The Patent Administration Department under the State Council
shall publish the Patent Gazette at regular intervals, publishing or
announcing the following:
(1) the bibliographic data contained in patent applications;
(2) the abstract of the description of an invention or utility model, the
drawings or photographs of a design and its brief explanation;
(3) any request for examination as to substance of an application for a
patent for invention and any decision made by the Patent Administration
Department under the State Council to proceed on its own initiative to
examine as to substance an application for a patent for invention;
(4) any declassification of secret patents;
(5) any rejection, withdrawal and deemed withdrawal of an application for
a patent for invention after its publication;
(6) any grant of the patent right;
(7) any invalidation of the patent right;
(8) any cessation of the patent right;
(9) any transfer of the patent application or the patent right;
(10) any patent license contract for exploitation submitted for the
record;
(11) any pledge and preservation of the patent right and their discharge;
(12) any grant of compulsory license for exploitation of the patent;
(13) any restoration of a patent application or patent right;
(14) any change in the name or address of the patentee;
(15) any notification to a party whose address is not known;
(16) any correction made by the Patent Administration Department under
the State Council; and
(17) any other related matters.
The description and its drawings, and the claims of an application for a
patent for invention or utility model shall be separately published in
full in pamphlet form by the Patent Administration Department under the
State Council.

Chapter IX Fees

Article 90 When any person files an application for a patent with, or has
other formalities to go through at, the Patent Administration Department
under the State Council, he or it shall pay the following fees:
(1) filing fee, additional fee for filing application, and printing fee
for publishing the application;
(2) substantive examination fee for an application for patent for
invention, and reexamination fee;
(3) registration fee for the grant of patent right, printing fee for the
announcement of grant of patent right, maintenance fee for application,
and annual fee;
(4) fee for a change in the bibliographic data, fee for claiming
priority, fee for requesting restoration of rights, fee for requesting
extension of a time limit, and fee for establishing a search report on a
utility model patent;
(5) fee for requesting invalidation, fee for requesting suspension of the
patent procedure, fee for requesting a compulsory license, fee for
requesting adjudication on exploitation fee of a compulsory license.
The amount of the fees referred to in the preceding paragraph shall be
prescribed by the price administration department under the State Council
in conjunction with the Patent Administration Department under the State
Council.

Article 91 The fees provided for in the Patent Law and in these
Implementing Regulations may be paid directly to the Patent
Administration Department under the State Council or paid by way of bank
or postal remittance, or by way of any other means as prescribed by the
Patent Administration Department under the State Council.
Where any fee is paid by way of bank or postal remittance, the applicant
or the patentee shall indicate on the money order at least the correct
filing number or the patent number and the name of the fee paid. If the
requirements as prescribed in this paragraph are not complied with, the
payment of the fee shall be deemed not to have been made.
Where any fee is paid directly to the Patent Administration Department
under the State Council, the date on which the fee is paid shall be the
date of payment; where any fee is paid by way of postal remittance, the
date of remittance indicated by the postmark shall be the date of
payment; where any fee is paid by way of bank transfer, the date on which
the transfer of the fee is done shall be the date of payment. Where,
however, the time between such a date and the date of receipt of the
order by the Patent Administration Department under the State Council
lasts more than fifteen days, unless the date of remittance or transfer
is proved by the bank or the post office, the date of receipt by the
Patent Administration Department under the State Council shall be the
date of payment.
Where any patent fee is paid in excess of the amount as prescribed, paid
repeatedly or wrongly, the party making the payment may, within one year
from the date of payment, request a refund from the Patent Administration
Department under the State Council.

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