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Guidelines For Patent Examination 2010

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Language: English
Publication Date: 03/2010
ISBN: 9787802479548
Details
Tne State intellectual Property Ottlce of the People' s Republic of China, as the patent administration department under the State Council, commissions the Patent Office of the State Intellectual Property Office (hereinafter the "Patent Office") to accept, examine and grant patent for patent applications. The Patent Office makes decisions on behalf and in the name of the State Intellectual Property Office. The Patent Reexamination Board, set up by the State Intellectual Property Office, is responsible for examining requests for reexamina- tion and requests for invalidation and making decisions accordingly.
Table of Contents
Part I Preliminary Examination
Chapter 1
Preliminary Examination of Patent Applications for Invention
Chapter 2
Preliminary Examination of Patent Applications for Utility Model
Chapter 3
Preliminary Examination of Patent Applications for Design
Chapter 4
Patent Classification

Part II Substantive Examination
Chapter 1
Inventions-Creations for Which No Patent Right shall be Granted
Chapter 2
Description and Claims
Chapter 3
Novelty
Chapter 4
Inventive Step
Chapter 5
Practical Applicability
Chapter 6
Unity of Invention and Divisional Applications
Chapter 7
Search
Chapter 8
Procedure for Substantive Examination
Chapter 9
Some Provisions on Examination of Invention Applications Relating to Computer Programs
Chapter 10
Some Provisions on Examination of Invention Applications in the Fieldof Chemistry

Part III Examination of International Applications Entering the National Phase
Chapter 1
Preliminary Examination of International Applications Entering the National Phase and Processing of Procedural Matters Therefore
Chapter 2
Substantive Examination of International Applications Entering the National Phase

Part IV Examination of Requests for Reexamination and for Invalidation
Chapter 1
General Provisions
Chapter 2
Examination of Requests for Reexamination
Chapter 3
Examination of Requests for Invalidation
Chapter 4
Provisions Concerning Oral Proceedings in the Reexamination and Invalidation Procedures
Chapter 5
Examination of Design Patent in the Invalidation Procedure
Chapter 6
Some Provisions Concerning the Examination of Utility Models in the Invalidation Procedure
Chapter 7
Handling of Identical Inventions-Creations in the Invalidation Procedure
Chapter 8
Provisions Conceming Issues of Evidence in the Invalidation Procedure

Part V Processing of Patent Applications and Procedural Matters
Chapter 1
Patent Application Documents and Formalities
Chapter 2
Patent-Related Fees
Chapter 3
Acceptance
Chapter 4
Patent Application Files
Chapter 5
Confidentiality Examination of Patent Application to Be Kept Secret and Patent Application to Be Filed Abroad
Chapter 6
Notification and Decision
Chapter 7
Time Limit, Restoration of Right and Suspension of Procedure
Chapter 8
Compilation of Patent Gazette and Pamphlet
Chapter 9
Grant and Termination of Patent Right
Chapter 10
Evaluation Report of Patent
Chapter 11
Provisions on Electronic Application Others
Annexes
Sample Pages Preview
4.1.3.2 Applicant Being Foreign Individual, Enterprise or Other
Type of Organization
Article 18 provides that, where any foreign individual, enterprise or other type of organization having no habitual residence or business office in China files a patent application in China, the application shall be treated under the Patent 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.
Where the applicant is a foreigner, a foreign enterprise or other foreign organization, his or its name or title, the nationality, or the country or region in which the applicant is registered shall be stated in the request. Where the examiner has any doubt about the nationality, or the registered place of the applicant filled in the request, he may in- vite the applicant to provide a certificate of nationality or document certifying the registered place in accordance with the provisions of Rule 33(1)or(2).Where the applicant states in the request that it has a business office in China, the examiner shall invite the applicant to submit a certifying document provided by the local administrative au- thority for industry and commerce. Where the applicant states that it has a habitual residence in China, the examiner shall invite the appli- cant to submit a document provided by the public security department, certifying that he is permitted to reside in China for one year or lon-ger.
After it is affirmed that the applicant is a foreign individual, enter- prise or other type of organization having no habitual residence or business office in China, the examiner shall examine whether or not the nationality or the registered place of the applicant, as filled in the request, is in conformity with one of the following three conditions:
(1) the country to which the applicant belongs has concluded with China an agreement affording patent protection to the nationals of each other;
(2)the country to which the applicant belongs is a country party to the Paris Convention for the Protection of Industrial Property ( here- inafter referred to as the Paris Convention) or a member of the World Trade Organization.
(3) the country to which the applicant belongs provides patent pro- tection to foreign person on the basis of the principle of reciprocity.

Preface
Tne State intellectual Property Ottlce of the People' s Republic of China, as the patent administration department under the State Council, commissions the Patent Office of the State Intellectual Property Office(hereinafter the “Patent Office”) to accept, examine and grant patent for patent applications. The Patent Office makes decisions on behalf and in the name of the State Intellectual Property Office. The Patent Reexamination Board, set up by the State Intellectual Property Office, is responsible for examining requests for reexamina-tion and requests for invalidation and making decisions accordingly.
In order to ensure objective, impartial, appropriate and timely handling of patent-re- lated applications and requests in compliance with the laws, as pursuant to Rule 122 of the Implementing Regulations of the Patent Law, the State Intellectual Property Office enacts these Guidelines for Patent Examination (hereinafter the “Guidelines”).These Guidelines detail and supplement the provisions of the Patent Law and its Implementing Regulations, and thus serve as bases and standards for the Patent Office and Patent Reexamination Board to refer to and follow in enforcing the relevant laws and regulations. They are also regula-tions which the related parties shall abide by at each of the aforesaid stages.
These Guidelines are made by revision of the previous version of 2006 in light of practice, in accordance with the Patent Law of the People' s Republic of China promulga- ted on December 27, 2008 and the Implementing Regulations of the Patent Law of the Peo- ple' s Republic of China promulgated on January 9, 2010, and are hereby promulgated as regulations of the State Intellectual Property Office.
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Guidelines For Patent Examination 2010
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