Chinese Patent Law-Examination and Approval of Patent Applications

Categories:

Author:

Source:

Release time:2016-07-19

Chapter IV  Examination and approval of patent applications

Article 34. Where, after receipt of an application for a patent for invention, the Patent Administration Department Under the State Council, upon preliminary examination, finds that the application meets the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. The administrative department for patent under the State Council may, upon request of the applicant, publish the application at an early date.

Article 35. Within three years from the date of filing an application for a patent for invention, the Patent Administration Department under the State Council may, upon request made by the applicant at any time, conduct a substantive examination of the application; if the applicant fails to request a substantive examination at the expiry of the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

The patent administration department under the State Council may, on its own initiative, conduct a substantive examination of the application for a patent for invention when it deems it necessary.

Article 36 When the applicant for a patent for invention requests examination as to substance, he shall submit the reference materials relating to his invention before the filing date.

Where an application for a patent for invention has already been filed in a foreign country, the patent administration department under the State Council may require the applicant to submit, within a specified time limit, the data retrieved by that country for the examination of the application or the data on the results of the examination; if the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 37 Where, after the examination as to substance of an application for a patent for invention, the Patent Administration Department under the State Council finds that the application does not conform to the provisions of this Law, it shall notify the applicant and request him or her to state his or her views within a specified time limit or amend the application; if, without justifiable reasons, he or she fails to respond within the time limit, the application shall be deemed to have been withdrawn.

Article 38. Where, after the applicant has made the observations or amendments, the patent administration department under the State Council is still of the opinion that the application for a patent for invention is not in conformity with the provisions of this Law, it shall reject the application.

Article 39 If it is found after examination as to substance that there is no cause for rejection of the application for a patent for invention, the patent administration department under the State Council shall make a decision to grant the patent right for invention, issue the certificate of patent for invention, and register and announce it. The patent right for invention shall take effect as of the date of the announcement.

Article 40 Where no grounds for rejection of an application for a patent for utility model or design are found after preliminary examination, the patent administration department under the State Council shall make a decision to grant the patent right for utility model or the patent right for design, issue the corresponding patent certificate, and at the same time register and announce it. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.

Article 41. The patent administration department under the State Council shall establish a Patent Reexamination Board. If the applicant for patent is not satisfied with the decision of the patent administration department under the State Council to reject the application, it may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.

If the patent applicant is not satisfied with the decision of the Patent Reexamination Board, he or she may, within three months from the date of receipt of the notification, bring a suit in a people's court.