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
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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.