Chinese Patent Law-Application of Patent

Categories:

Author:

Source:

Release time:2016-07-19

Chapter III Application for Patent

Article 26 Where an application for a patent for invention or utility model is filed, documents such as a request, a description and its abstract, and claims shall be submitted.

The written request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The specification shall give a clear and complete description of the invention or utility model, subject to the realization by those skilled in the art to which it belongs; when necessary, there shall be drawings. The abstract shall give a brief description of the technical points of the invention or utility model.

The claims should be based on the description, clearly and briefly define the scope of patent protection.

For an invention-creation completed by relying on genetic resources, the applicant shall explain the direct source and original source of the genetic resources in the patent application documents; if the applicant is unable to explain the original source, it shall state the reasons.

Article 27 Where an application for a patent for a design is filed, documents such as a written request, pictures or photographs of the design and a brief description of the design shall be submitted.

The relevant pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is claimed.

Article 28. The date on which the patent administration department under the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the date of application.

Article 29 Where an applicant makes another application for a patent on the same subject in China within 12 months from the date of first filing a patent application for an invention or utility model in a foreign country, or within 6 months from the date of first filing a patent application for a design in a foreign country, he may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which he is a party, or in accordance with the principle of mutual recognition of priority.

Where an applicant, within twelve months from the date of first filing an application for a patent for an invention or utility model in China, makes another application for a patent on the same subject matter to the patent administration department under the State Council, the applicant may enjoy the right of priority.

Article 30 Where the applicant claims the right of priority, it shall submit a written statement at the time of filing the application and submit a copy of the patent application document filed for the first time within three months; if it fails to submit a written statement or fails to submit a copy of the patent application document within the time limit, it shall be deemed that the right of priority has not been claimed.

Article 31 An application for a patent for invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept may be filed as one application.

An application for a design patent shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.

Article 32. An applicant may withdraw its application for a patent at any time before the patent right is granted.

Article 33 The applicant may amend its patent application documents, but the amendment to the invention and utility model patent application documents shall not exceed the scope of the original description and claims, and the amendment to the design patent application documents shall not exceed the original picture or The scope of the photo representation.