Implementing Regulations of the Patent Law of the People’s Republic of China
(Promulgated by Decree No. 306 of the State Council of the People’s Republic of China on June 15,
2001, and effective as of July 1, 2001)
Chapter I General Provisions
1. These Implementing Regulations are formulated in accordance with the Patent Law of the People’s
Republic of China (hereinafter referred to as “the Patent Law”).
2. “Invention” in the Patent Law means any new technical solution relating to a product, a process or
improvement thereof.
“Utility model” in the Patent Law means any new technical solution relating to the shape, the
structure, or their combination, of a product, which is fit for practical use.
“Design” in the Patent Law means any new design of the shape, the pattern or their
combination, or the combination of the color with a shape or pattern, of a product, which creates an
aesthetic feeling and is fit for industrial application.
3. Any formalities prescribed by the Patent Law and these Implementing Regulations shall be complied
with in a written form or in any other form prescribed by the patent administration department under
the State Council.
4. Any document submitted in accordance with the provisions of the Patent Law and these Implementing
Regulations shall be in Chinese. Standard scientific and technical terms shall be used if they have been
prescribed by the State. Where no generally accepted translation in Chinese can be found for a foreign
name or scientific or technical term, the one in the original language shall be also indicated. Where any
certificate or certifying document submitted in accordance with the provisions of the Patent Law and these
Implementing Regulations is in a foreign language, the patent administration department under the State
Council may, when it deems necessary, request that a Chinese translation of the certificate or the certifying
document be submitted within a specified time limit. Where the translation is not submitted within the
specified time limit, the certificate or certifying document shall be deemed not to have been submitted.
5. Where any document is sent by mail to the patent administration department under the State Council,
the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing.
Where the date of mailing indicated by the postmark on the envelope is illegible, the date on which the
patent administration department under the State Council receives the document shall be the date of
filing, except where the date of mailing is proved by the party concerned.
Any document of the patent administration department under the State Council may be served by
mail, by personal delivery or by other forms. Where any party concerned appoints a patent agency, the
document shall be sent to the patent agency. Where no patent agency is appointed, the document shall
be sent to the liaison person named in the request.
Where any document is sent by mail by the patent administration department under the State
Council, the 16th day from the date of mailing shall be presumed to be the date on which the party
concerned receives the document.
Where any document is delivered personally in accordance with the provisions of the patent
administration department under the State Council, the date of delivery is the date on which the party
concerned receives the document.
Where the address on any document is not clear and it cannot be sent by mail, the document may
be served by making an announcement. At the expiration of one month from the date of the
announcement, the document shall be deemed to have been served.
1. The first day of any time limit prescribed in the Patent Law and these Implementing Regulations shall
not be counted in the time limit. Where the time limit is counted by year or by month, it shall expire
on the corresponding day of the last month. If there is no corresponding day in that month, the time
limit shall expire on the last day of that month. If a time limit expires on an official holiday, it shall
expire on the first working day following that official holiday.
2. Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the
patent administration department under the State Council is not observed by a party concerned because
of force majeure, resulting in the loss of his or its rights, he or it may, within two months from the date
on which the impediment is removed, at the latest within two years immediately following the
expiration of that time limit, state the reasons, together with relevant supporting documents, and
request the patent administration department under the State Council to restore his or its rights.
Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by
the patent administration department under the State Council is not observed by a party concerned because
of any justified reason, resulting in the loss of his or its rights, he or it shall, within two months from the
date of receipt of a notification from the patent administration department under the State Council, state
the reasons and request the patent administration department under the State Council to restore his or its
rights.
Where the party concerned makes a request for an extension of a time limit specified by the patent
administration department under the State Council, he or it shall, before the time limit expires, state the
reasons to the patent administration department under the State Council and complete the relevant
formalities.
The provisions of the first and second paragraphs of this Rule shall not be applicable to the time
limits referred to in Articles 24, 29, 42 and 62 of the Patent Law.
8. Where an application for a patent for invention relates to State secrets concerning
national defense and is required to be kept secret, the application for a patent shall be filed with
the patent department of national defense. Where any application for a patent for invention
relating to the State secrets concerning national defense and requiring to be kept secret is
received by the patent administration department under the State Council, the application shall be
forwarded to the patent department of national defense for examination, and the patent administration
department under the State Council shall make a decision on the basis of the observations of the
examination made by the patent department of national defense.
Subject to the preceding paragraph, the patent administration department under the State Council
shall, after receipt of an application for a patent for invention which is required to be examined for the
purpose of security, send it to the relevant competent department under the State Council for examination.
The relevant competent department shall, within four months from the date of receipt of the application,
notify the patent administration department under the State Council of the results of the examination.
Where the invention for which a patent is applied for is required to be kept secret, the patent
administration department under the State Council shall handle it as an application for a secret patent and
notify the applicant accordingly.
9. Any inventioncreation that is contrary to the laws of the State referred to in Article 5 of the Patent Law
shall not include the inventioncreation merely because its exploitation is prohibited by the laws of the
State.
10. The date of filing referred to in the Patent Law, except for those referred to in Articles 28 and 42, means
the priority date where priority is claimed. The date of filing referred to in these Implementing Regulations,
except as otherwise prescribed, means the date of filing prescribed in Article 28 of the Patent Law.
11. A service inventioncreation made by a person in execution of the tasks of the entity to which he
belongs referred to in Article 6 of the Patent Law means any inventioncreation made:
(1) in the course of performing his own duties;
(2) in the execution of any task, other than his own duties, which was entrusted to him by the entity to which he belongs;
(3) within one year from his resignation, retirement or change of work, where the inventioncreation
relates to his own duties or the other tasks entrusted to him by the entity to which he previously belonged.
“The entity to which he belongs” referred to in Article 6 of the Patent Law includes the entity in
which the person concerned is a temporary staff member. Material and technical means of the entity
referred to in Article 6 of the Patent Law mean the entity’s money, equipment, spare parts, raw materials
or technical materials which are not disclosed to the public.
12. “Inventor” or “creator” referred to in the Patent Law means any person who makes creative
contributions to the substantive features of an inventioncreation. Any person who, during the course of
accomplishing the inventioncreation, is responsible only for organizational work, or who offers facilities
for making use of material and technical means, or who takes part in other auxiliary functions, shall not
be considered as inventor or creator.
l3. For any identical inventioncreation, only one patent right shall be granted.
Two or more applicants who respectively file, on the same day, applications for a patent for an
identical inventioncreation, as provided for in Article 9 of the Patent Law, shall, after receipt of a
notification from the patent administration department under the State Council, hold consultations among
themselves to decide the person or persons who shall be entitled to file the application.
1. Any assignment of the right to apply for a patent or of the patent right, by a Chinese entity or
individual, to a foreigner shall be approved by the competent department for foreign trade and
economic affairs of the State Council in conjunction with the science and technology administration
department of the State Council.
2. Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where
the patent right is transferred for any other reason, the person or persons concerned shall, accompanied
by relevant certified documents or legal papers, request the patent administration department under the
State Council to register the change in ownership of the patent right.
Any license contract for the exploitation of a patent which has been concluded by the patentee
with an entity or individual shall, within three months from the date of entry into force of the contract,
be submitted to the patent administration department under the State Council for the record.
Chapter II Application for Patent
16. Anyone who applies for a patent in written form shall file application documents in two copies
with the patent administration department under the State Council.
Anyone who applies for a patent in other forms as provided by the patent administration department
under the State Council shall comply with the relevant provisions.
Any applicant who appoints a patent agency for applying for a patent, or to deal with other patent
matters before the patent administration department under the State Council, shall submit at the same time
a power of attorney indicating the scope of the power entrusted.
Where there are two or more applicants and no patent agency is appointed, unless otherwise
stated in the request, the applicant named first in the request shall be the representative.
17. “Other related matters” in the request referred to in Article 26, second paragraph, of the Patent
Law means:
(1) the nationality of the applicant;
(2) where the applicant is an enterprise or other organization, the name of the country in which the
applicant has its principal business office;
(3) where the applicant has appointed a patent agency, the relevant matters which shall be indicated; where
no patent agency is appointed, the name, address, postal code and telephone number of the liaison person;
(4) where the priority of an earlier application is claimed, the relevant matters which shall be indicated; (5) the signature or seal of the applicant or the patent agency;
(6) a list of the documents constituting the application;
(7) a list of the documents appended to the application; and
(8) any other related matter which needs to be indicated.
18. The description of an application for a patent for invention or utility model shall state the
title of the invention or utility model, which shall be the same as it appears in the request. The
description shall include the following:
(1) technical field: specifying the technical field to which the technical solution for which protection is
sought pertains;
(2) background art: indicating the background art which can be regarded as useful for the understanding,
searching and examination of the invention or utility model, and when possible, citing the documents
reflecting such art;
(3) contents of the invention: disclosing the technical problem the invention or utility model aims to solve
and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the invention or utility model;
(4) description of figures: briefly describing each figure in the drawings, if any;
(5) mode of carrying out the invention or utility model: describing in detail the optimally selected mode
contemplated by the applicant for carrying out the invention or utility model; where appropriate, this shall
be done in terms of examples, and with reference to the drawings, if any;
The manner and order referred to in the preceding paragraph shall be followed by the applicant
for a patent for invention or for a utility model, and each of the parts shall be preceded by a heading,
unless, because of the nature of the invention or utility model, a different manner or order would result
in a better understanding and a more economical presentation.
The description of the invention or utility model shall use standard terms and be in clear wording,
and shall not contain such references to the claims as: “as described in claim,” nor shall it contain
commercial advertising.
Where an application for a patent for invention contains the disclosure of one or more nucleotide
and/or amino acid sequences, the description shall contain a sequence listing in compliance with the
standard prescribed by the patent administration department under the State Council. The sequence
listing shall be submitted as a separate part of the description, and a copy of the said sequence listing in
machinereadable form shall also be submitted in accordance with the provisions of the patent
administration department under the State Council.
19. The same sheet of drawings may contain several figures of the invention or utility model, and
the figures shall be numbered and arranged in numerical order consecutively as “Figure 1, Figure 2.”
The scale and the distinctness of the drawings shall be such that a reproduction with a linear
reduction in size to twothirds would still enable all details to be clearly distinguished.
Reference signs not mentioned in the text of the description of the invention or utility model shall
not appear in the drawings. Reference signs not mentioned in the drawings shall not appear in the text of
the description. Reference signs for the same composite part shall be used consistently throughout the
application document.
The drawings shall not contain any other explanatory notes, except words which are
indispensable.
20. The claims shall define clearly and concisely the matter for which protection is sought in
terms of the technical features of the invention or utility model.
If there are several claims, they shall be numbered consecutively in Arabic numerals.
The technical terminology used in the claims shall be consistent with that used in the description.
The claims may contain chemical or mathematical formulae but no drawings. They shall not, except
where absolutely necessary, contain such references to the description or drawings as: “as described in
part … of the description,” or “as illustrated in Figure … of the drawings.”
The technical features mentioned in the claims may, in order to facilitate quicker understanding
of the claim, make reference to the corresponding reference signs in the drawings of the description.
Such reference signs shall follow the corresponding technical features and be placed in parentheses.
They shall not be construed as limiting the claims.
21. The claims shall have an independent claim, and may also contain dependent claims.
The independent claim shall outline the technical solution of an invention or utility model and
state the essential technical features necessary for the solution of its technical problem.
The dependent claim shall, by additional technical features, further define the claim which it
refers to.
22. An independent claim of an invention or utility model shall contain a preamble portion and
a characterizing portion, and be presented in the following form:
(1) a preamble portion: indicating the title of the claimed subject matter of the technical solution of the
invention or utility model, and those technical features which are necessary for the definition of the
claimed subject matter but which, in combination, are part of the most relevant prior art;
(2) a characterizing portion: stating, in such words as “characterized in that … ” or in similar expressions,
the technical features of the invention or utility model, which distinguish it from the most relevant prior art.
Those features, in combination with the features stated in the preamble portion, serve to define the scope
of protection of the invention or utility model.
Where it is not appropriate to follow the manner specified in the preceding paragraphs because of
the nature of the invention or utility model, an independent claim may be presented in a different
manner.
An invention or utility model shall have only one independent claim, which shall precede all
the dependent claims relating to the same invention or utility model.
23. Any dependent claim of an invention or utility model shall contain a reference portion and
a characterizing portion, and be presented in the following manner:
(1) a reference portion: indicating the serial number(s) of the claim(s) referred to, and the title of the
subject matter;
(2) a characterizing portion: stating the additional technical features of the invention or utility model.
Any dependent claim shall only refer to the preceding claim or claims. Any multiple dependent
claims, which refer to two or more claims, shall refer to the preceding one in the alternative only, and
shall not serve as a basis for any other multiple dependent claims.
24. The abstract shall consist of a summary of the disclosure as contained in the application for a patent for
invention or utility model. The summary shall indicate the title of the invention or utility model, and the
technical field to which the invention or utility model pertains, and shall be drafted in a way which allows
a clear understanding of the technical problem, the basis of the technical solution to that problem, and the
principal use or uses of the invention or utility model. The abstract may contain the chemical formula
which best characterizes the invention. In an application for a patent which contains drawings, the
applicant shall provide a figure which best characterizes the technical features of the invention or utility
model. The scale and the distinctness of the figure shall be such that a reproduction with a linear
reduction in size to 4 cm x 6 cm would still enable all details to be clearly distinguished. The whole text
of the abstract shall contain not more than 300 words. There shall be no commercial advertising in the
abstract.
25. Where an invention for which a patent is applied for concerns a new biological material which is not
available to the public and which cannot be described in the application in such a manner as to enable
the invention to be carried out by a person skilled in the art, the applicant shall, in addition to the other
requirements provided for in the Patent Law and these Implementing Regulations, complete the
following formalities:
(1) depositing a sample of the biological material with a depositary institution designated by the patent
administration department under the State Council before, or at the latest, on the date of filing (or the
priority date where priority is claimed), and submit at the time of filing or at the latest, within four months
from the filing date, a receipt of deposit and the viability proof from the depositary institution; where
they are not submitted within the specified time limit, the sample of the biological material shall be deemed not to have been deposited;
(2) giving in the application document relevant information on the characteristics of the biological material;
(3) indicating, where the application relates to the deposit of biological material, in the request and the
description, the scientific name (with its Latin name) and the title and address of the depositary institution,
the date on which the sample of the biological material was deposited and the accession number of the
deposit; where, at the time of filing, they are not indicated, they shall be supplied within four months
from the date of filing; where after the expiration of the time limit they have not been supplied, the
sample of the biological material shall be deemed not to have been deposited.
26. Where the applicant for a patent for invention has deposited a sample of the biological material
in accordance with the provisions of Rule 25 of these Implementing Regulations, and after the
application for a patent for invention is published, any entity or individual that intends to make use of the
biological material to which the application relates, for experimental purposes, shall submit a request to
the patent administration department under the State Council, containing the following items:
(1) the name and address of the requesting person;
(2) an undertaking not to make the biological material available to any other person;
(3) an undertaking to use the biological material for experimental purposes only before the grant of
the patent right.
27. The size of the drawings or photographs of a design submitted in accordance with the
provisions of Article 27 of the Patent Law shall not be smaller than 3 cm x 8 cm, nor larger than l5 cm x
22 cm.
Where an application for a patent for design seeking concurrent protection of colors is filed, a
drawing or photograph in color shall be submitted in two copies.
The applicant shall, in respect of the subject matter of the product incorporating the design
which requires protection, submit the relevant views and stereoscopic drawings or photographs, so as
to clearly show the subject matter for which protection is sought.
28. Where an application for a patent for design is filed, a brief explanation of the design shall,
when necessary, be made.
The brief explanation of the design shall include the essential portion of the design, the colors for
which protection is sought but shall omit a view of the product incorporating the design. The brief
explanation shall not contain any commercial advertising and shall not be used to indicate the function of
the product.
1. Where the patent administration department under the State Council deems necessary, it may require
the applicant for a patent for design to submit a sample or model of the product incorporating the
design. The volume of the sample or model submitted shall not exceed 30 cm and its weight shall not
surpass l5 kilograms. Articles that are perishable or fragile articles that are dangerous shall not be
submitted as samples or models.
2. The existing technology referred to in Article 22, third paragraph, of the Patent Law means any
technology which has been publicly disclosed in publications in the country or abroad, or has been
publicly used or made known to the public by any other means in the country, before the date of filing
(or the priority date where priority is claimed), that is, prior art.
3. The academic or technological meeting referred to in Article 24, subparagraph (2), of the Patent Law
means any academic or technological meeting organized by a competent department concerned of the
State Council or by a national academic or technological association.
Where any inventioncreation for which a patent is applied for falls under the provisions of Article
24, subparagraph (l) or (2), of the Patent Law, the applicant shall, when filing the application, make a
declaration and, within a time limit of two months from the date of filing, submit certifying documents
issued by the entity which organized the international exhibition or academic or technological meeting,
stating the fact that the inventioncreation was exhibited or published and the date of its exhibition or
publication.
Where any inventioncreation for which a patent is applied for falls under the provisions of Article
24, subparagraph (3), of the Patent Law, the patent administration department under the State Council may,
when it deems necessary, require the applicant to submit the relevant certifying documents within the
specified time limit.
Where the applicant fails to make a declaration and submit certifying documents as required in the
second paragraph of this Rule, or fails to submit certifying documents within the specified time limit as
required in the third paragraph of this Rule, the provisions of Article 24 of the Patent Law shall not
apply to the application.
32. Where any applicant completes the formalities for claiming priority in accordance with the
provisions of Article 30 of the Patent Law, he or it shall, in his or its written declaration, indicate the
date and the number of the application which was first filed (hereinafter referred to as “the earlier
application”) and the country in which the application was filed. If the written declaration does not
contain the filing date of the earlier application and the name of the country in which the application was
filed, the declaration shall be deemed not to have been made.
Where foreign priority is claimed, the copy of the earlier application documents submitted by the
applicant shall be certified by the competent authority of the foreign country in which the application was
filed. Where, in the certifying material submitted, the name of the earlier applicant is not the same as that
of the later one, the applicant shall submit documents certifying the assignment of priority. Where
domestic priority is claimed, a copy of the earlier application document shall be prepared by the patent
administration department under the State Council.
33. An applicant may claim one or more priorities for an application for a patent. Where
multiple priorities are claimed, the priority period for the application shall be calculated from the
earliest priority date.
Where an applicant claims the right of domestic priority, if the earlier application is for a patent for
invention, he or it may file an application for a patent for invention or utility model for the same subject
matter. If the earlier application is for a patent for utility model, he or it may file an application for a
patent for utility model or invention for the same subject matter. However, when the later application is
filed, if the subject matter of the earlier application falls under any of the following, it may not be taken
as the basis for claiming domestic priority:
(1) where the applicant has claimed foreign or domestic priority;
(2) where it has been granted a patent right;
(3) where it is the subject matter of a divisional application filed as prescribed.
Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn
from the date on which the later application is filed.
34. Where an application for a patent is filed or the right of foreign priority is claimed by an
applicant having no habitual residence or business office in China, the patent administration department
under the State Council may, when it deems necessary, require the applicant to submit the following
documents:
(1) a certificate concerning the nationality of the applicant;
(2) a document certifying the seat of the business office or the headquarters, if the applicant is an
enterprise or other organization;
(3) a document certifying that the country, to which the foreigner, foreign enterprise or other foreign
organization belongs, recognizes that Chinese entities and individuals are, under the same conditions as
those applied to its nationals, entitled to a patent right, a priority right and other related rights in that
country.
1. Two or more inventions or utility models belonging to a single general inventive concept which may
be filed as one application in accordance with the provision of Article 31, first paragraph, of the Patent
Law shall be technically interrelated and contain one or more of the same or corresponding special
technical features. The expression “special technical features” shall mean those technical features
that define a contribution which each of those inventions or utility models, considered as a whole,
makes over the prior art.
2. The expression “the same class” referred to in Article 31, second paragraph, of the Patent Law means
that the product incorporating the designs belongs to the same subclass in the classification of products
for designs. The expression “be sold or used in sets” means that
the products incorporating the designs have the same design concept and are customarily sold and used at
the same time.
Where two or more designs are filed as one application in accordance with the provision of Article
31, second paragraph, of the Patent Law, they shall be numbered consecutively and the numbers shall
precede the titles of the view of the product incorporating the design.
37. When withdrawing an application for a patent, the applicant shall submit to the patent
administration department under the State Council a declaration to that effect stating the title of the
inventioncreation, the filing number and the date of filing.
Where a declaration to withdraw an application for a patent is submitted after the preparations for
the publication of the application document have been completed by the patent administration
department under the State Council, the application document shall be published as scheduled. However,
the declaration withdrawing the application for a patent shall be published in the next issue of the Patent
Gazette.
Chapter III Examination and Approval of Application for Patent
38. Where any of the following events occurs, a person who examines or hears a case in the
preliminary examination procedure, examination as to substance, reexamination or invalidation shall, on
his own initiative or at the request of the parties concerned or any other interested person, be excluded
from exercising his function:
(1) where he is a near relative of the party concerned or the agent of the party concerned;
(2) where he has an interest in the application for a patent or the patent right;
(3) where he has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination and hearing;
(4) where he is a member of the Patent Reexamination Board who has taken part in the examination of the
same application.
1. Upon the receipt of an application for a patent for invention or utility model consisting of a request, a
description (drawings must be included in an application for a utility model) and one or more claims,
or an application for a patent for design consisting of a request and one or more drawings or
photographs showing the design, the patent administration department under the State Council shall
accord the date of filing, issue a filing number, and notify the applicant.
2. In any of the following circumstances, the patent administration department under the State Council
shall refuse to accept the application and notify the applicant accordingly:
(1) where the application for a patent for invention or utility model does not contain a request, a
description (the description of a utility model does not contain drawings) or claims, or the application for a
patent for design does not contain a request, drawings or photographs;
(2) where the application is not written in Chinese;
(3) where the application is not in conformity with the provisions of Rule 120, first paragraph, of these
Implementing Regulations;
(4) where the request does not contain the name and address of the applicant;
(5) where the application is obviously not in conformity with the provisions of Article 18, or of Article 19, first paragraph, of the Patent Law;
(6) where the kind of protection (patent for invention, utility model or design) applied for in the
application for a patent is not clear and definite or cannot be ascertained.
1. Where the description states that it contains explanatory notes to the drawings but the drawings or part
of them are missing, the applicant shall, within the time limit specified by the patent administration
department under the State Council, either furnish the drawings or make a declaration for the deletion
of the explanatory notes to the drawings. If the drawings are submitted later, the date of their
delivery at, or mailing to, the patent administration department under the State Council shall be the
date of filing of the application. If the explanatory notes to the drawings are to be deleted, the initial
date of filing shall be retained.
2. Where an application for a patent contains two or more inventions, utility models or designs, the
applicant may, before the expiration of the time limit provided for in Rule 54, first paragraph, of these
Implementing Regulations, submit a divisional application to the patent administration department
under the State Council. However, where an application for a patent has been rejected, withdrawn or
is deemed to have been withdrawn, no divisional application may be filed.
If the patent administration department under the State Council finds that an application for a patent
is not in conformity with the provisions of Article 31 of the Patent Law or of Rule 35 or 36 of these
Implementing Regulations, it shall invite the applicant to amend the application within a specified time
limit. If the applicant fails to make any response after the expiration of the specified time limit, the
application shall be deemed to have been withdrawn.
A divisional application may not change the kind of protection of the initial application.
43. A divisional application filed in accordance with the provisions of Rule 42 of these
Implementing Regulations shall be entitled to the filing date and, if priority is claimed, the priority date
of the initial application, provided that the divisional application does not go beyond the scope of
disclosure contained in the initial application.
The divisional application shall complete all the formalities in accordance with the provisions
of the Patent Law and these Implementing Regulations.
The filing number and the date of filing of the initial application shall be indicated in the request
for a divisional application. When a divisional application is filed, it shall be accompanied by a copy
of the initial application. If priority is claimed for the initial application, a copy of the priority
document of the initial application shall also be submitted.
44. “Preliminary examination” referred to in Articles 34 and 40 of the Patent Law means checking
an application for a patent to see whether or not it contains the documents as provided for in Articles 26
or 27 of the Patent Law and other necessary documents, and whether or not those documents are in the
prescribed form. Such check shall also include the following:
(1) whether or not any application for a patent for invention obviously falls under Articles 5 or 25 of the
Patent Law, or is not in conformity with the provisions of Article 18 or of Article 19, first paragraph, of
the Patent Law, or is obviously not in conformity with the provisions of Article 31, first paragraph, or
Article 33 of the Patent Law, or of Rule 2, first paragraph, or Rule 18, or Rule 20 of these Implementing
Regulations;
(2) whether or not any application for a patent for utility model obviously falls under Article 5 or 25 of the
Patent Law, or is not in conformity with the provisions of Article 18 or of Article 19, first paragraph of the
Patent Law, or is obviously not in conformity with the provisions of Article 26, third or fourth paragraph,
or of Article 31, first paragraph, or of Article 33 of the Patent Law, or of Rule 2, second paragraph, or of
Rule 13, first paragraph, or of Rules 18 to 23, or of Rule 43, first paragraph of these Implementing
Regulations, or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent
Law;
(3) whether or not any application for a patent for design obviously falls under Article 5 of the Patent Law,
or is not in conformity with the provisions of Article 18 or of Article 19, first paragraph, of the Patent Law,
or is obviously not in conformity with the provisions of Article 31, second paragraph, or of Article 33 of
the Patent Law, or of Rule 2, third paragraph, or of Rule 13, first paragraph, or of Rule 43, first paragraph,
of these Implementing Regulations, or is not entitled to a patent right in accordance with the provisions of
Article 9 of the Patent Law.
The patent administration department under the State Council shall notify the applicant of its
opinions after checking his or its application and invite him or it to state his or its observations or to
correct his or its application within the specified time limit. If the applicant fails to respond within the
specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant
has made his or its observations or corrections, the patent administration department under the State
Council still finds that the application is not in conformity with the provisions of the Articles and the Rules
cited in the preceding subparagraphs, the application shall be rejected.
45. Apart from the application for a patent, any document relating to a patent application which is
submitted to the patent administration department under the State Council shall, in any of the following
circumstances, be deemed not to have been submitted:
(1) where the document is not presented in the prescribed form or the indications therein are
not in conformity with the prescriptions;
(2) where no certifying document is submitted as prescribed.
The patent administration department under the State Council shall notify the applicant of its
opinion after checking that the document is deemed not to have been submitted.
1. Where the applicant requests an earlier publication of its or his application for a patent for invention, a
statement shall be made to the patent administration department under the State Council. The patent
administration department under the State Council shall, after preliminary examination of the
application, publish it immediately, unless it is to be rejected.
2. The applicant shall, when indicating in accordance with Article 27 of the Patent Law the product
incorporating the design and the class to which that product belongs, refer to the classification of
products for designs published by the patent administration department under the State Council.
Where no indication, or an incorrect indication, of the class to which the product incorporating the
design belongs is made, the patent administration department under the State Council shall supply the
indication or correct it.
3. Any person may, from the date of publication of an application for a patent for invention till the date
of announcing the grant of the patent right, submit to the patent administration department under the
State Council his or its observations, with reasons therefor, on an application which is not in
conformity with the provisions of the Patent Law.
4. Where the applicant for a patent for invention cannot furnish, for justified reasons, the documents
concerning any search or results of any examination specified in Article 36 of the Patent Law, it or he
shall make a statement to the patent administration department under the State Council and submit
them when the said documents are available.
5. The patent administration department under the State Council shall, when proceeding on its own
initiative to examine an application for a patent in accordance with the provisions of Article 35, second
paragraph, of the Patent Law, notify the applicant accordingly.
6. When a request for examination as to substance is made and if, within the time limit of three months
after the receipt of the notification from the patent administration department under the State Council,
the application has entered into examination as to substance, the applicant for a patent for invention
may amend the application for a patent for invention on its or his own initiative.
Within two months from the date of filing, the applicant for a patent for utility model or design may
amend the application for a patent for utility model or design on its or his own initiative.
Where the applicant amends the application after receiving the notification of the decision on the
examination as to substance from the patent administration department under the State Council, he or it
shall make the amendment as required by the notification.
The patent administration department under the State Council may, on its own initiative, correct
obvious clerical mistakes and symbol mistakes in the documents of an application for a patent. Where the
patent administration department under the State Council corrects mistakes on its own initiative, it shall
notify the applicant.
52. When an amendment to the description or the claims in an application for a patent for invention or
utility model is made, a replacement sheet in prescribed form shall be submitted, unless the amendment
concerns only the alteration, insertion or deletion of a few words. Where an amendment to the drawings or
photographs of an application for a patent for design is made, a replacement sheet shall be submitted as
prescribed.
53. In accordance with the provisions of Article 38 of the Patent Law, the circumstances where an
application for a patent for invention shall be rejected by the patent administration department under
the State Council after examination as to substance are as follows:
(1) where the application does not comply with the provisions of Rule 2, first paragraph, of these
Implementing Regulations;
(2) where the application falls under the provisions of Article 5 or 25 of the Patent Law, or it does not
comply with the provisions of Article 22 of the Patent Law or of Rule 13, first paragraph, or of Rule 20,
first paragraph, or of Rule 21, second paragraph, of these Implementing Regulations, or the applicant is
not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;
(3) where the application does not comply with the provisions of Article 26, third or fourth paragraph, or
of Article 31, first paragraph, of the Patent Law;
(4) where the amendment to the application does not comply with the provisions of Article 33 of the
Patent Law, or the divisional application does not comply with the provisions of Rule 43, first paragraph,
of these Implementing Regulations.
54. After the patent administration department under the State Council issues the notification to grant the
patent right, the applicant shall complete the registration formalities within two months from the date of
receipt of the notification. If the applicant completes the registration formalities within the said time
limit, the patent administration department under the State Council shall grant the patent right, issue the
patent certificate and announce it. If the applicant does not complete the registration formalities within the
time limit, he or it shall be deemed to have abandoned its or his right to obtain the patent right.
55. After the announcement of the decision to grant a patent for utility model, the patentee of the said
patent for utility model may request the patent administration department under the State Council to
make a search report on the utility model patent.
Where such person requests a search report on a utility model patent, he shall submit a request,
indicating the patent number of the said patent for utility model. Each request shall be limited to one
patent for utility model.
After receiving a request for a search report on a utility model patent, the patent administration
department under the State Council shall proceed to examine the request. Where the request does not
comply with the requirements as prescribed, the said department shall notify the requesting person to
amend the request within a specified time limit.
56. Where, after examination, the request for a search report on a utility model patent complies with the
provisions, the patent administration department under the State Council shall promptly make a search on
the utility model patent. Where the patent administration department under the State Council finds, after
the search, that the patent for utility model concerned does not comply with the provisions of Article 22 of
the Patent Law concerning novelty or inventiveness, it shall cite the documents considered to be relevant,
state the reasons therefor and send copies of the cited relevant documents together with the report.
57. The patent administration department under the State Council shall correct promptly mistakes in the
patent announcements and documents issued by it once they have been discovered, and the corrections
shall be announced.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right
58. The Patent Reexamination Board shall consist of technical and legal experts appointed by the patent
administration department under the State Council. The person responsible for the patent
administration department under the State Council shall be the Director of the Board.
59. Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance with
the provisions of Article 41 of the Patent Law, it or he shall file a request for reexamination, state the
reasons and, when necessary, attach the relevant supporting documents. Where the request for
reexamination does not comply with the prescribed form, the person making the request shall rectify it
within the time limit fixed by the Patent Reexamination Board. If the requesting person fails to meet the
time limit for rectifying the request, the request for reexamination shall be deemed not to have been filed.
60. The person making the request may amend its or his application at the time when it or he requests
reexamination or makes responses to the notification of reexamination of the Patent Reexamination Board.
However, the amendments shall be limited only to removal of the defects pointed out in the decision
rejecting the application or in the notification of reexamination. The amendments to the application for a patent shall be in two copies.
61. The Patent Reexamination Board shall remit the request for reexamination which the Board has
received to the examination department of the patent administration department under the State
Council which had made the examination of the application concerned to make an examination.
Where that examination department agrees to revoke its former decision at the request of the person
requesting reexamination, the Patent Reexamination Board shall make a decision accordingly and
notify the requesting person.
62. Where, after reexamination, the Patent Reexamination Board finds that the request does not comply
with the provisions of the Patent Law and these Implementing Regulations, it shall invite the person
requesting reexamination to submit his observations within a specified time limit. If the time limit
for responding is not met, the request for reexamination shall be deemed to have been withdrawn.
Where, after the requesting person has made his or its observations and amendments, the Patent
Reexamination Board still finds that the request
does not comply with the provisions of the Patent Law and these Implementing Regulations, it shall make
a decision of reexamination to maintain the earlier decision rejecting the application.
Where, after reexamination, the Patent Reexamination Board finds that the decision rejecting the
application does not comply with the provisions of the Patent Law and these Implementing Regulations,
or that the amended application has removed the defects as pointed out by the decision rejecting the
application, it shall make a decision to revoke the decision rejecting the application, and ask the
examination department which has made the examination to continue the examination procedure.
63. At any time before the Patent Reexamination Board makes its decision on the request for
reexamination, the requesting person may withdraw his request for reexamination. Where the requesting
person withdraws his request for reexamination before the Patent Reexamination Board makes its decision,
the reexamination procedure is terminated.
64. Anyone requesting invalidation or part invalidation of a patent right in accordance with the provisions
of Article 45 of the Patent Law shall submit a request and the necessary evidence in two copies. The
request for invalidation shall state in detail the grounds for filing the request, making reference to all the
evidence as submitted, and indicate the piece of evidence on which each ground is based. The grounds on
which the request for invalidation is based, referred to in the preceding paragraph, mean that the
inventioncreation for which the patent right is granted does not comply with the provisions of Article 22,
Article 23, or of Article 26, third or fourth paragraph, or of Article 33 of the Patent Law, or of Rule 2, or
of Rule 13, first paragraph, or of Rule 20, first paragraph, or of Rule 21, second paragraph, of these
Implementing Regulations; or the inventioncreation falls under the provisions of Articles 5 or 25 of the
Patent Law; or the applicant is not entitled to be granted the patent right in accordance with the provisions of Article 9 of the Patent Law.
65. Where the request for invalidation does not comply with the provisions of Rule 64 of these
Implementing Regulations, the Patent Reexamination Board shall not accept it.
Where, after a decision on any request for invalidation of the patent right is made, invalidation
based on the same facts and evidence is requested once again, the Patent Reexamination Board shall
not accept it.
Where a request for invalidation of a patent for design is based on the ground that the patent for
design is in conflict with a prior right of another person, but no effective ruling or judgment is submitted
to prove such conflict of rights, the Patent Reexamination Board shall not accept it.
Where the request for invalidation of the patent right does not comply with the prescribed form, the
person making the request shall rectify it within the time limit specified by the Patent Reexamination
Board. If the rectification is not made within the time limit, the request for invalidation shall be deemed
not to have been made.
66. After a request for invalidation is accepted by the Patent Reexamination Board, the person making the
request may add reasons or supplement evidence within one month from the date when the request for
invalidation is filed. Additional reasons or evidence which are submitted after the specified time
limit may be disregarded by the Patent Reexamination Board.
67. The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and
copies of the relevant documents to the patentee and invite it or him to present its or his observations
within a specified time limit. The patentee and the person requesting invalidation shall, within the
specified time limit, respond to the notification concerning transmitted documents or the notification
concerning the examination of the request for invalidation sent by the Patent Reexamination Board. Where
no response is made within the specified time limit, the examination of the Patent Reexamination Board
shall not be affected.
68. In the course of the examination of the request for invalidation, the patentee for the patent for invention or
utility model concerned may amend its or his claims, but may not broaden the scope of patent protection.
The patentee for the patent for invention or utility model concerned may not amend its or his description
or drawings. The patentee for the patent for design concerned may not amend its or his drawings, photographs or the brief explanation of the design.
69. The Patent Reexamination Board may, at the request of the parties concerned or in accordance with the
needs of the case, decide to hold an oral procedure in respect of a request for invalidation.
Where the Patent Reexamination Board decides to hold an oral procedure in respect of a request for
invalidation, it shall send notifications to the parties concerned, indicating the date and place of the oral
procedure to be held. The parties concerned shall respond to the notification within the specified time
limit.
Where the person requesting invalidation fails to respond to the notification of the oral procedure
sent by the Patent Reexamination Board within the specified time limit, and fails to take part in the oral
procedure, the request for invalidation shall be deemed to have been withdrawn. Where the patentee fails
to take part in the oral procedure, the Patent Reexamination Board may proceed to examine by default.
1. In the course of the examination of a request for invalidation, the time limit specified by the Patent
Reexamination Board shall not be extended.
2. The person requesting invalidation may withdraw his or its request before the Patent Reexamination
Board makes a decision on it.
Where the person requesting invalidation withdraws his or its request before the Patent
Reexamination Board makes a decision on it, the examination of the request for invalidation is
terminated.
Chapter V Compulsory License for Exploitation of Patent
72. After the expiration of three years from the date of the grant of the patent right, any entity may,
in accordance with the provisions of Article 48 of the Patent Law, request the patent administration
department under the State Council to grant a compulsory license.
Any entity requesting a compulsory license shall submit to the patent administration department
under the State Council a request for a compulsory license, state the reasons therefor, and attach
relevant certifying documents in two copies each.
The patent administration department under the State Council shall send a copy of the request for a
compulsory license to the patentee, who shall make his or its observations within the time limit specified
by the patent administration department under the State Council. Where no response is made within the
time limit, the patent administration department under the State Council shall not be affected in making a
decision concerning a compulsory license.
The decision of the patent administration department under the State Council granting a compulsory
license for exploitation shall limit the exploitation of the compulsory license to be predominately for the
supply of the domestic market. Where the inventioncreation involved in the compulsory license relates
to semiconductor technology, exploitation of the compulsory license shall be limited only to public
noncommercial use or to remedy a practice determined after a judicial or administrative process to be
anticompetitive.
73. Where any entity or individual requests, in accordance with the provisions of Article 54 of the
Patent Law, the patent administration department under the State Council to adjudicate on the fees for
exploitation, it or he shall submit a request for adjudication and furnish documents showing that the
parties concerned have not been able to conclude an agreement in respect of the amount of the
exploitation fee. The patent administration department under the State Council shall adjudicate within
three months from the date of receipt of the request and notify the parties concerned accordingly.
Chapter VI Reward and Remuneration of Inventors or Creators of Service InventionsCreations
74. The Stateowned enterprise or institution to which a patent right is granted shall, within three
months from the date of the announcement of the grant of the patent right, award to the inventor or
creator of a service inventioncreation a sum of money as a prize. The amount of the prize money for a
patent for invention shall not be less than 2000 yuan RMB; the amount of the prize money for a patent
for utility model or design shall not be less than 500 yuan RMB.
Where an inventioncreation is made on the basis of an inventor’s or creator’s proposal adopted by
the entity to which he belongs, the Stateowned enterprise or institution to which a patent right is granted
shall award to him a money prize on favorable terms.
For a money prize awarded to the inventor or creator, the enterprise may have it included in its
production costs, and the institution may have it disbursed out of its operating expenses.
1. The Stateowned enterprise or institution to which a patent right is granted shall, after exploiting the
patent for inventioncreation within the duration of the patent right, draw each year from the profits
after taxation earned from exploiting the invention or utility model a percentage of not less than 2%, or
from the profits after taxation earned from exploiting the design a percentage of not less than 0.2%,
and award it to the inventor or creator as remuneration. The entity may, as an alternative, by making
reference to the said percentage, award a oneoff lump sum to the inventor or creator as remuneration.
2. Where any Stateowned enterprise or institution to which a patent right is granted authorizes any other
entity or individual to exploit its patent, it shall draw from the profits it receives for exploiting the said
patent after taxation a percentage of not less than 10% and award it to the inventor or creator as
remuneration.
3. The provisions of this Chapter may be implemented by any other Chinese entity by making reference
thereto.
Chapter VII Protection of Patent Right
1. The administrative authority for patent affairs referred to in the Patent Law and these Implementing
Regulations means the department responsible for the administrative work concerning patent affairs
set up by the people’s government of any province, autonomous region, or municipality directly under
the Central Government, or by the people’s government of any city which consists of districts, has a
large amount of patent administration work to attend to and has the ability to deal with the matter.
2. In addition to the provisions of Article 57 of the Patent Law, the administrative authority for patent
affairs may also mediate in the following patent disputes at the request of the parties concerned:
(1) any dispute over the ownership of the right to apply for a patent and the patent right;
(2) any dispute over the qualification of the inventor or creator;
(3) any dispute over the award and remuneration of the inventor or creator of a service inventioncreation;
(4) any dispute over the appropriate fee to be paid for the exploitation of an invention after the publication
of the application for a patent but before the grant of the patent right.
In respect of the dispute referred to in subparagraph (4), where the patentee requests the
administrative authority for patent affairs to mediate, the request shall be made after the grant of the
patent right.
1. The patent administration department under the State Council shall provide professional guidance to
the administrative authorities for patent affairs in handling and mediating in patent disputes.
2. Where any party concerned requests the handling of or mediation in a patent dispute, it shall fall under
the jurisdiction of the administrative authority for patent affairs where the requested party has his
location or where the act of infringement has taken place.
Where two or more administrative authorities for patent affairs all have jurisdiction over a patent
dispute, any party concerned may file his or its request with one of them to handle or mediate in the matter.
Where requests are filed with two or more administrative authorities for patent affairs, the administrative
authority for patent affairs that first accepts the request shall have jurisdiction.
Where administrative authorities for patent affairs have a dispute over their jurisdiction, the
administrative authority for patent affairs of their common higherlevel people’s government shall
designate the administrative authority for patent affairs to exercise jurisdiction. If there is no such
administrative authority for patent affairs of their common higherlevel people’s government, the patent
administration department under the State Council shall designate the administrative authority for patent
affairs to exercise jurisdiction.
82. Where, in the course of handling a patent infringement dispute, the defendant requests invalidation of
the patent right and his request is accepted by the Patent Reexamination Board, he may request the
administrative authority for patent affairs concerned to suspend the handling of the matter. If the
administrative authority for patent affairs considers that the reasons set forth by the defendant for the suspension are obviously untenable, it may not suspend the handling of the matter.
83. Where any patentee affixes a patent marking on a patented product or on the packaging of that product
in accordance with the provisions of Article 15 of the Patent Law, he or it shall affix it in the manner
prescribed by the patent administration department under the State Council.
84. Any of the following is an act of passing off the patent of another person as one’s own:
(1) without authorization, indicating the patent number of another person on the product or on the
packaging of that product made or sold by him or it;
(2) without authorization, using the patent number of another person in advertisements or any other
promotional materials for his or its product, so as to mislead other persons into regarding the technology
concerned as the patented technology of another person;
(3) without authorization, using the patent number of another person in a contract entered into by him or it,
so as to mislead other persons into regarding the technology referred to in the contract as the patented
technology of another person;
(4) counterfeiting or transforming any patent certificate, patent document or patent application document
of another person.
85. Any of the following is an act of passing off a nonpatented product as a patented product or
passing off a nonpatented process as a patented process:
(1) making or selling nonpatented products on which are affixed a patent marking;
(2) continuing to affix a patent marking on products that are made or sold after the patent right concerned
has been declared invalid;
(3) passing off any nonpatented technology as patented technology in advertisements or any other promotional materials;
(4) stating any nonpatented technology as patented technology in any contract entered into by him or it;
(5) counterfeiting or transforming any patent certificate, patent document or patent application document.
86. Any party concerned in a dispute over the ownership of the right to apply for a patent or a patent
right, which is pending before the administrative authority for patent affairs or the people’s court, may
request the patent administration department under the State Council to suspend the relevant procedures.
Any party requesting the suspension of the relevant procedures in accordance with the preceding
paragraph shall submit a written request to the patent administration department under the State Council,
and attach a copy of the document acknowledging receipt of the relevant request from the administrative
authority for patent affairs or the people’s court.
After the decision made by the administrative authority for patent affairs or the judgment rendered
by the people’s court enters into force, the parties concerned shall request the patent administration
department under the State Council to resume the suspended procedure. If, within one year from the date
when the request for suspension is filed, no decision has been made on the dispute relating to the
ownership of the right to apply for a patent or a patent right, and it is necessary to continue the suspension,
the party who or that made the request shall, within the said time limit, request that the suspension be
extended. If, at the expiration of the said time limit, no such request for extension is filed, the patent
administration department under the State Council shall resume the procedure on its own initiative.
87. Where, in hearing civil cases, the people’s court has ordered the adoption of measures for
preservation of a patent right, the patent administration department under the State Council, for the
purpose of assisting the execution of the order, shall suspend the relevant procedure concerning the
preserved patent right. At the expiration of the time limit for preservation, if there is no order of the
people’s court to continue the preservation, the patent administration department under the State Council
shall resume the relevant procedure on its own initiative.
Chapter VIII Patent Registration and Patent Gazette
88. The patent administration department under the State Council shall keep a Patent Register in
which registration of the following matters relating to patent applications or patent rights shall be made:
(1) any grant of a patent right;
(2) any transfer of the right in a patent application or patent right;
(3) any pledge and preservation of a patent right and their discharge;
(4) any patent license contract for exploitation submitted for the record;
(5) any invalidation of a patent right;
(6) any cessation of a patent right;
(7) any restoration of a patent right;
(8) any compulsory license for the exploitation of a patent;
(9) any change in the name, nationality and address of the patentee.
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 the 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 a patent right;
(7) any invalidation of a patent right;
(8) any cessation of a patent right;
(9) any transfer of a patent application or patent right;
(10) any patent license contract for exploitation submitted for the record;
(11) any pledge and preservation of a patent right and their discharge;
(12) any grant of a compulsory license for the exploitation of a 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
90. When any person files an application for a patent with or has other formalities to complete
before the patent administration department under the State Council, he or it shall pay the following
fees:
(1) filing fee, additional fee for filing an application, and printing fee for publishing the application;
(2) substantive examination fee for an application for a patent for invention, and reexamination fee;
(3) registration fee for the grant of a patent right, printing fee for the announcement of the grant of a patent
right, maintenance fee for the application, and annual fee;
(4) fee for a change in the bibliographic data, fee for claiming priority, fee for requesting the restoration of
rights, fee for requesting an 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 the suspension of the patent procedure, fee for
requesting a compulsory license, fee for requesting adjudication on an exploitation fee for 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.
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 bank or postal
remittance, or by any other means as prescribed by the patent administration department under the State
Council.
Where any fee is paid by 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 type of 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 postal remittance,
the date of remittance indicated by the postmark shall be the date of payment; where any fee is paid by
bank transfer, the date on which the transfer of the fee is made shall be the date of payment. Where,
however, the time between such date and the date of receipt of the order by the patent administration
department under the State Council exceeds 15 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.
92. The applicant shall, after receipt of the notification of acceptance of the application from the patent
administration department under the State Council, pay the filing fee, the printing fee for the publication of
the application and the necessary additional fees at the latest within two months from the filing date. If
the fees are not paid or not paid in full within the time limit, the application shall be deemed to be
withdrawn. Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same
time as the payment of the filing fee. If the fee is not paid or not paid in full within the time limit, the
claim for priority shall be deemed not to have been made.
93. Where the party concerned makes a request for an examination as to substance, restoration of a right or
reexamination, the relevant fee shall be paid within the time limit as prescribed respectively for such
requests by the Patent Law. If the fee is not paid or not paid in full within the time limit, the request
is deemed not to have been made.
94. Where the applicant for a patent for invention has not been granted a patent right within two years
from the date of filing, it or he shall pay a fee for the maintenance of the application from the third
year.
95. When the applicant completes the registration formalities for the grant of a patent right, it or he shall
pay a registration fee for the grant of a patent right, a printing fee for the announcement of the grant of
a patent right and the annual fee for the year in which the patent right is granted. The applicant for a
patent for invention shall pay the application maintenance fee for all the years, with the exception of
the year in which the patent right is granted. If such fees are not paid within the prescribed time limit,
the registration of the grant of a patent right shall be deemed not to have been made. The subsequent
annual fees shall be paid in advance during the month before the expiration of the preceding year.
96. Where the annual fee for a patent right after the year in which the patent is granted is not paid in due time
by the patentee, or the fee is not paid in full, the patent administration department under the State Council
shall notify the patentee to pay the fee or to make up the insufficiency within six months from the
expiration of the time limit within which the annual fee is due to be paid, and at the same time pay a
surcharge. The amount of the surcharge shall be, for each month of late payment, 5% of the whole
amount of the annual fee for the year within which the annual fee is due to be paid. Where the fee and the
surcharge are not paid within the time limit, the patent right shall lapse from the expiration of the time
limit within which the annual fee should be paid.
97. The fee for a change in the bibliographic data, the fee for establishing a search report on a utility model
patent, the fee for requesting suspension of the patent procedure, the fee for requesting a compulsory
license, the fee for requesting adjudication on an exploitation fee for a compulsory license and the fee
for requesting invalidation shall be paid as prescribed within one month from the date on which such
request is filed. The fee for requesting an extension of a time limit shall be paid before the expiration
of the said time limit. If the fee is not paid or not paid in full within the time limit, the request shall
be deemed not to have been made.
98. Where any applicant or patentee has difficulty in paying the various fees prescribed in these
Implementing Regulations, he may, in accordance with the prescriptions, submit a request to the patent
administration department under the State Council for a reduction or postponement of the payment.
Measures for the reduction and postponement of the payment shall be prescribed by the patent
administration department under the State Council in consultation with the finance administration
department and the price administration department under the State Council.
Chapter X Special Provisions Concerning International Application
99. The patent administration department under the State Council receives international patent applications
filed under the Patent Cooperation Treaty in accordance with the provisions of Article 20 of the Patent
Law. Where any international application filed under the Patent Cooperation Treaty designating China
(hereinafter referred to as “the international application”) enters the Chinese national phase, the
requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this
Chapter, the relevant provisions in the Patent Law and in any other chapters of these Implementing
Regulations shall apply.
100. Any international application which has been accorded an international filling date in accordance
with the Patent Cooperation Treaty and which has designated China shall be deemed to be an application
for a patent filed with the patent administration department under the State Council, and the said filing
date shall be deemed to be the filing date referred to in Article 28 of the Patent Law. Where, in the
international phase, an international application or its designation of China is withdrawn or deemed to be withdrawn, the effect of the said international application in China shall cease.
101. Any applicant for an international application entering the Chinese national phase shall, within 20
months from the priority date as referred to in Article 2 of the Patent
Cooperation Treaty (referred to as “the priority date” in this Chapter), complete the following formalities
at the patent administration department under the State Council. Where an international application
elects China within 19 months from the priority date, and where the election remains valid, the applicant
of the said application entering the Chinese national phase shall complete the following formalities at the
patent administration department under the State Council within 30 months from the priority date:
(1) submitting a written statement concerning the entry of his or its international application into the
Chinese national phase. The statement shall indicate the international application number, and also
indicate in Chinese the kind of patent protection sought, the title of the inventioncreation, the name or title
of the applicant, the address of the applicant and the name of the inventor. Such indications shall be the
same as those recorded by the International Bureau;
(2) paying the filing fee, the additional fee for filing an application and the printing fee for publishing the
application as provided in Rule 90, first paragraph, of these Implementing Regulations;
(3) where an international application is filed in a language other than Chinese, the Chinese translation of
the description, the claims, the text matter of the drawings, and the abstract of the initial international
application shall be furnished; where an international application is filed in Chinese, a copy of the
abstract published in the international publication shall be furnished;
(4) where an international application contains drawings, a copy of the drawings shall be furnished. Where
an international application is filed in Chinese, a copy of the figure of the drawings in the abstract as
published in the international publication shall be furnished.
If the applicant fails to complete the relevant formalities for entering the Chinese national phase
within the time limit prescribed in the preceding paragraph, he or it may, after paying a surcharge for late
entry, complete these formalities before the expiration of the time limit of 22 months or 32 months,
respectively, from the priority date.
102. Where the applicant fails to complete the formalities for entering the Chinese national
phase within the time limit prescribed in Rule 101, second paragraph, of these Implementing
Regulations or any of the following circumstances occurs at the expiration of the said time limit, the
effect of his or its international application shall cease in China:
(1) where the international application number is not indicated in the statement concerning entry into the
Chinese national phase;
(2) where the filing fee, the printing fee for publishing the application prescribed in Rule 90, first
paragraph, of these Implementing Regulations, or the surcharge for late entry as prescribed in Rule 101, second paragraph, of these Implementing Regulations is not paid;
(3) where the international application is filed in a language other than Chinese, the Chinese translation of
the description and the claims of the initial international application are not furnished.
Where the effect of an international application has ceased in China, the provisions of Rule 7,
second paragraph, of these Implementing Regulations shall not apply.
103. Where any of the following circumstances occurs at the time when the applicant completes
the formalities for entering the Chinese national phase, the patent administration department under the
State Council shall notify the applicant to make corrections within the specified time limit:
(1) where the Chinese translation of the abstract or a copy of the abstract is not furnished;
(2) where a copy of the drawings or a copy of the figure of the drawings in the abstract is not furnished;
(3) where the title of the inventioncreation, the name of the applicant, the address of the applicant and the
name of the inventor are not indicated in Chinese in the statement concerning entry into the Chinese
national phase;
(4) where the content or the form of the statement concerning entry into the Chinese national phase is not
in conformity with the provisions.
If, at the expiration of the time limit, the applicant fails to make the corrections, his or its
application shall be deemed to be withdrawn.
1. Where an international application is amended in the international phase and the applicant requests
that the examination be based on the amended application, the Chinese translation of the amendments
shall be prescribed by the applicant before completion of the technical preparations for national
publication of the application by the patent administration department under the State Council.
Where the Chinese translation is not furnished within the said time limit, the amendments made in the
international phase shall not be taken into consideration by the patent administration department under
the State Council.
2. When the applicant completes the formalities for entering the Chinese national phase, he or it shall
also fulfill the following requirements:
(1) where the inventor is not indicated in the international application, the name of the inventor shall be
indicated in the statement concerning entry into the Chinese national phase;
(2) where the applicant has completed the formalities for a change in the applicant before the International
Bureau in the international phase, the document certifying the right of the new applicant to the
international application shall be furnished;
(3) where the applicant is not the same person as the applicant of the earlier application which is the basis
of the priority claimed, or where the applicant has changed his or its name after filing the earlier
application, the document certifying the right of the applicant to claim priority shall be furnished when
necessary;
(4) where any inventioncreation to which the international application relates concerns one of the events
referred to in Article 24, subparagraph (1) or (2), of the Patent Law and where statements have been made
in this respect when the international application was filed, the applicant shall indicate it in the statement
concerning entry into the Chinese national
phase, and furnish the relevant certificates prescribed in Rule 31, second paragraph, of these
Implementing Regulations within two months from the date of completing the formalities for entering the
Chinese national phase.
Where the applicant fails to satisfy the requirements provided for in subparagraph (1),
(2) or (3) of the preceding paragraph, the patent administration department under the State Council shall
notify the applicant to make corrections within the specified time limit. Where, within the time limit, no
correction is made in respect of the requirements provided for in subparagraph (1) or (2), the application
shall be deemed to be withdrawn. Where, within the time limit, no correction is made in respect of the
requirement provided for in subparagraph (3), the claim for priority shall be deemed not to have been
made. Where the applicant fails to fulfill the requirement provided for in subparagraph (4) of the first
paragraph of this Rule, the provisions of Article 24 of the Patent Law shall not apply to his or its
international application.
106. Where the applicant has made indications concerning deposited biological materials in
accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Rule
25, subparagraph (3), of these Implementing Regulations shall be deemed to have been fulfilled. In
the statement concerning entry into the Chinese national phase, the applicant shall indicate the
documents recording the particulars of the deposit of the biological materials, and the exact location of
the record in the documents.
Where particulars concerning the deposit of the biological materials are contained in the description
of the international application as initially filed, but there is no such indication in the statement concerning
the entry into the Chinese national phase, the applicant shall make corrections within four months from the
date of completing the formalities for entering the Chinese national phase. If the correction is not made at
the expiration of the time limit, the biological materials shall be deemed not to have been deposited.
Where the applicant submits the certificates of the deposit and the viability of the biological
materials to the patent administration department under the State Council within four months from the
date of completing the formalities for entering the Chinese national phase, the deposit of biological
materials shall be deemed to have been made within the time limit as provided for in Rule 25,
subparagraph (1), of these Implementing Regulations.
107. Where the applicant claims one or multiple priorities in the international phase and such
claims remain valid at the time when the application enters the Chinese national phase, the applicant shall
be deemed to have submitted the written declaration in accordance with the provisions of Article 30 of the
Patent Law.
Where there are clerical mistakes or the application number of the earlier application is missing in
the written declaration claiming the priority made in the international phase, the applicant may request to
make corrections or to fill in the missing application number of the earlier application at the time of
completing the formalities for entering the Chinese national phase. Where a request for making
corrections is made, the applicant shall pay the fee for correcting the claim for priority.
Where the applicant has submitted a copy of the earlier application in the international phase in
accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from
submitting a copy of the earlier application to the patent administration department under the State
Council at the time of completing the formalities for entering the Chinese national phase. Where the
applicant has not submitted a copy of the earlier application in the international phase, and if the patent
administration department under the State Council deems necessary, it may request the applicant to
submit a copy of the earlier application within the specified time limit. If no copy is submitted at the
expiration of the time limit, his or its claim for priority shall be deemed not to have been made.
Where the claim for priority is deemed not to have been made in the international phase and the
information has already been published by the International Bureau, the applicant may, if he has justified
reasons, request the patent administration department under the State Council to restore his or its claim for
priority at the time of completing the formalities for entering the Chinese national phase.
108. Where, before the expiration of 20 months from the priority date, the applicant files a request with
the patent administration department under the State Council for early processing and examination of
his or its international application, he or it shall, in addition to completing the formalities for entering
the Chinese national phase, submit a request in accordance with the provisions in Article 23, paragraph
(2), of the Patent Cooperation Treaty. Where the international application has not been transmitted
by the International Bureau to the patent administration department under the State Council, the
applicant shall submit a confirmed copy of the international application.
109. With regard to an international application for a patent for utility model, the applicant may file a request
with the patent administration department under the State Council to amend the description, the drawings
and the claims within one month from the date of completing the formalities for entering the Chinese
national phase. With regard to an international application for a patent for invention, the provisions of
Rule 51, first paragraph, of these Implementing Regulations shall apply.
110. Where the applicant finds that there are mistakes in the Chinese translation of the description, the
claims or the text matter of the drawings as filed, he or it may correct the translation in accordance
with the international application as filed within the following time limits:
(1) before the completion of technical preparations for national publication by the patent administration
department under the State Council;
(2) within three months from the date of receipt of the notification sent by the patent administration
department under the State Council, stating that the application for a patent for invention has entered into
the substantive examination phase.
Where the applicant intends to correct the mistakes in the translation, he or it shall file a written
request, furnish a replacement sheet of the translation and pay the prescribed fee for the correction of the
translation.
Where the applicant corrects the translation in accordance with the notification of the patent
administration department under the State Council, he or it shall, within the specified time limit,
complete the formalities prescribed in the second paragraph of this Rule. If the prescribed formalities
have not been completed at the expiration of the time limit, the international application shall be
deemed to be withdrawn.
111. With regard to any international application for a patent for invention, if the patent
administration department under the State Council, after preliminary examination, considers it in
compliance with the provisions of the Patent Law and these Implementing Regulations, it shall publish it
in the Patent Gazette. Where the international application is filed in a language other than Chinese, the
Chinese translation of the international application shall be published.
Where the international publication by the International Bureau of an international application for a
patent for invention is in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date
of the international publication. If the international publication by the International Bureau is in a
language other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of
the publication of the Chinese translation by the patent administration department under the State Council.
With regard to an international application, the publication referred to in Articles 21 and 22 of the
Patent Law means the publication referred to in the first paragraph of this Rule.
112. Where two or more inventions or utility models are contained in an international application, the
applicant may, after completing the formalities for entering the Chinese national phase, submit a divisional
application in accordance with the provisions in Rule 42, first paragraph, of these Implementing
Regulations. Where, in the international phase, some parts of the international application have not been
the subject of an international search or international preliminary examination because the International
Searching Authority or the International Preliminary Examination Authority considers that the
international application does not comply with the requirement of unity of invention prescribed in the
Patent Cooperation Treaty, and the applicant fails to pay the additional fee, whereas at the time of
completing the formalities for entering the Chinese national phase the applicant requests that the said parts
be the basis of the examination, the patent administration department under the State Council, finding that
the decision concerning unity of invention made by the International Searching Authority or the
International Preliminary Examination Authority is justified, shall notify the applicant to pay the
restoration fee for unity of invention within the specified time limit. Where the fee is not paid or not paid
in full at the expiration of the prescribed time limit, those parts of the international application which have
not been searched or have not been the subject of an international preliminary examination shall be deemed to be withdrawn.
113. Where the applicant furnishes the documents and pays the fees in accordance with the provisions of
Rule 101 of these Implementing Regulations, the date on which the patent administration department
under the State Council receives the documents shall be the date of submission, and the date on which
it receives the fees shall be the date of payment.
Where there is a delay in the mailing of the documents and the applicant proves, within one month
from the date on which he finds the delay, that the documents were mailed five days prior to the
expiration of the time limit prescribed in Rule 101 of these Implementing Regulations, the documents
shall be deemed to have been received on the date on which the time limit expires. However, the time
limit for the applicant to furnish evidence may not be later than six months after the expiration of the time
limit prescribed in Rule 101 of these Implementing Regulations.
Where documents are to be submitted to the patent administration department under the State
Council in accordance with the provisions of Rule 101 of these Implementing Regulations, the applicant
may send them by facsimile. Where the applicant submits the documents by facsimile, the date on which
the patent administration department under the State Council receives the facsimile shall be the date of
submission. The applicant shall submit to the patent administration department under the State Council
the original copy within 14 days from the date of the transmission by facsimile. Where the original copy
is not submitted within the time limit, the documents shall be deemed not to have been submitted.
1. Where an international application claims priority, the applicant shall, at the time of completing the
formalities for entering the Chinese national phase, pay the fee for claiming priority. If the fee is not
paid or not paid in full, the patent administration department under the State Council shall notify the
applicant to pay it within the specified time limit. If the fee is still not paid or not paid in full at the
expiration of the time limit, the claim for priority shall be deemed not to have been made.
2. Where an international application in the international phase has been refused to be accorded an
international filling date or has been declared to be deemed withdrawn by an international authority
concerned, the applicant may, within two months from the date on which he or it receives the
notification, request the International Bureau to send the copy of any document in the file of the
international application to the patent administration department under the State Council, and shall
complete the formalities prescribed in Rule 101 of these Implementing Regulations within the said
time limit at the patent administration department under the State Council. After receiving the
documents sent by the International Bureau, the patent administration department under the State
Council shall review the decision made by the international authority concerned to ascertain whether it
is correct.
3. With regard to a patent right granted on the basis of an international application, if the scope of
protection determined in accordance with the provisions of Article 56 of the Patent Law exceeds the
scope of the international application in its original language because of incorrect translation, the scope
of protection granted to the international application shall be limited according to the original language
of the application. If the scope of protection granted to the international application is narrower than
the scope of the application in its original language, the scope of protection shall be determined
according to the patent in the language when it is granted.
Chapter XI Supplementary Provisions
117. Any person may, after approval by the patent administration department under the
State Council, consult or copy the files of the published or announced patent applications and the
Patent Register. Any person may request the patent administration department under the State Council to
issue a copy of extracts from the Patent Register.
The files of patent applications which have been withdrawn or deemed to be withdrawn or which
have been rejected shall not be preserved after the expiration of two years from the date on which the
applications cease to be valid.
Where the patent right has been abandoned, wholly invalidated or has ceased, the files shall not be
preserved after the expiration of three years from the date on which the patent right ceases to be valid.
118. Any patent application which is filed with, or any formality which has been completed at, the patent
administration department under the State Council shall comply with the unified form prescribed by the
patent administration department under the State Council, and signed or sealed by the applicant, the
patentee, any other interested person or his or its representative. Where any patent agency is appointed, it
shall be sealed by such agency. Where a change in the name of the inventor, or in the name, nationality
and address of the applicant or the patentee, or in the name and address of the patent agency and the name
of the patent agent is requested, a request for a change in the bibliographic data shall be made to the patent administration department under the State Council, together with the relevant certifying documents.
119. Documents relating to a patent application or patent right which are mailed to the patent
administration department under the State Council shall be mailed by registered letter, not by parcel
post.
Except for any patent application filed for the first time, any document which is submitted to and
any formality which has been completed at the patent administration department under the State
Council, the filing number or the patent number, the title of the inventioncreation and the name of the
applicant or the patentee shall be indicated.
Only documents relating to the same application shall be included in one letter.
120. Various kinds of application documents shall be typed or printed. All the characters shall
be in black ink, neat and clear. They shall be free from any alterations. The drawings shall be made in
black ink with the aid of drafting instruments. The lines shall be uniformly thick and well defined, and
free from alterations.
The request, description, claims, drawings and abstract shall be numbered separately in Arabic
numerals and arranged in numerical order.
The written language of the application shall run from left to right. Only one side of each sheet
shall be used.
1. The patent administration department under the State Council shall formulate guidelines for
examination in accordance with the Patent Law and these Implementing Regulations.
2. These Implementing Regulations shall enter into force on July 1, 2001. The Implementing
Regulations of the Patent Law of the People’s Republic of China approved by
the State Council on December 12, 1992, and promulgated by the Patent Office of the People’s Republic
of China on December 21, 1992, shall be repealed at the same time.
中华人 民共和国国务院令 （第306号）
现公布《中华人民共和国专利法实施细则》，自2001年7月1日起施行。 总理 朱镕基 二00一年六月十五 日 中华人民共和国专利法实施细则
第一 章 总则
第一条 根据《中华人民共和国专利法》（以下简称专利法），制定本细则。
第二条 专利法所称发明，是指对产品、方法或者其改进所提出的新的技术方案。 专 利法所称实用新型，是指对产品的形状、构造或者其结合所提出的适于实用的新的技术方案。 专利法所称外观设计，是指对产品的形状、图案或者其结 合以及色彩与形状、图案的结合所作出的富有美感并适于工业应用的新设计。
第三条 专利法和本细则规定的各种手续，应当以书面形式或者国务院专利行政部门规定的其他形 式办理。
第四条 依照专利法和 本细则规定提交的各种文件应当使用中文；国家有统一规定的科技术语的，应当采用规范词；外国人名、地名和科技术语没有统一中文译文的，应当注明原文。 依照专利法和本细则规定提交的各种证件和证明文件是外文的，国务院专利行政部门认为必要时，可以要求当事人在指定期限内附送中文译文；期满未附送的，视 为未提交该证件和证明文件。
第五条 向国务院专利行政部门邮寄的各种文件，以寄出的邮戳日为递交日；邮戳日不清晰的，除当事人能够提出证明外，以国务院专利行政部门收到日为递交日。 国务院专利行政部门的各种文件，可以通过邮寄、直接送交或者其他方式送达当事人。当事人委托专利代理机构的，文件送交专利代理机构；未委托专利代理机构 的，文件送交请求书中指明的联系人。 国务院专利行政部门邮寄的各种文件，自文件发出之日起满15日，推定为当事人收到文件之日。 根据国务院专利行政部门规定应当直接送交的文件，以交付日为送达日。 文件送交地址不清，无法邮寄的，可以通过公告的方式送达当事人。自公告之 日起满1个月，该文件视为已经送达。
第六条 专利法和本细则规定的各种期限的第一日不计算在期限内。期限以年或者月计算的，以其最后一月的相应日为期限届满日；该月无相应日的，以该月最后一日为期限 届满日；期限届满日是法定节假日的，以节假日后的第一个工作日为期限届满日。
第七条 当事人因不可抗拒的事由而延误专利法或者本细则规定的期限或者国务院专利行政部门指 定的期限，导致其权利丧失的，自障碍消除之日起2个月内，最迟自期限届满之日起2年内，可以向国务院专利行政部门说明理由并附具有关证明文件，请求恢复权 利。 当事人因正当理由而延误专利法或者本细则规定的期限或者国务院专利行政部门指定的期限，导致其权利丧失的，可以自收到国务院专利行政部门 的通知之日起2个月内向国务院专利行政部门说明理由，请求恢复权利。 当事人请求延长国务院专利行政部门指定的期限的，应当在期限届满前，向国 务院专利行政部门说明理由并办理有关手续。 本条第一款和第二款的规定不适用专利法第二十四条、第二十九条、第四十二条、第六十二条规定的期 限。
第八条 发明专利申请涉及 国防方面的国家秘密需要保密的，由国防专利机构受理；国务院专利行政部门受理的涉及国防方面的国家秘密需要保密的发明专利申请，应当移交国防专利机构审 查，由国务院专利行政部门根据国防专利机构的审查意见作出决定。 除前款规定的外，国务院专利行政部门受理发明专利申请后，应当将需要进行保密 审查的申请转送国务院有关主管部门审查；有关主管部门应当自收到该申请之日起4个月内，将审查结果通知国务院专利行政部门；需要保密的，由国务院专利行政 部门按照保密专利申请处理，并通知申请人。
第九条 专利法第五条所称违反国家法律的发明创造，不包括仅其实施为国家法律所禁止的发明创造。
第十条 除专利法第二十八条和第四十二条规定的情形外，专利法所称申请日，有优先权的，指优 先权日。 本细则所称申请日，除另有规定的外，是指专利法第二十八条规定的申请日。
第十一条 专利法第六条所称执行本单位的任务所完成的职务发明创造，是指： （一）在本职工作中作出的发明创造； （二）履行本单位交付的本职工作之外的任务所作出的发明创造； （三）退职、退休或者调动工作 后1年内作出的，与其在原单位承担的本职工作或者原单位分配的任务有关的发明创造。 专利法第六条所称本单位，包括临时工作单位；专利法第六条 所称本单位的物质技术条件，是指本单位的资金、设备、零部件、原材料或者不对外公开的技术资料等。
第十二条 专利法所称发明人或者设计人，是指对发明创造的实质性特点作出创造性贡献的人。 在完成发明创造过程中，只负责组织工作的人、为物质技术条件的利用提供方便的人或者从事其他辅助工作的人，不是发明人或者设计人。
第十三条 同样的发明创造只能被授予一项专利。 依照专利法第九条的规定，两个以上的申请人在同一日分别就同样的发明创造申请专利的，应当在收到国务院专利行政部门的通知后自行协商确定申请人。
第十四条 中国单位或者个人向外国人转让专利申请权或者 专利权的，由国务院对外经济贸易主管部门会同国务院科学技术行政部门批准。
第十五条 除依照专利法第十条规定转让专利权外，专利权因其他事由发生转移的，当事人应当凭 有关证明文件或者法律文书向国务院专利行政部门办理专利权人变更手续。 专利权人与他人订立的专利实施许可合同，应当自合同生效之日起3个月内 向国务院专利行政部门备案。
第二章 专利的申请
第十六条 以书面形式申请专利的，应当向国务院专利行政 部门提交申请文件一式两份。 以国务院专利行政部门规定的其他形式申请专利的，应当符合规定的要求。 申请人委托专利代理机构向国务 院专利行政部门申请专利和办理其他专利事务的，应当同时提交委托书，写明委托权限。 申请人有2人以上且未委托专利代理机构的，除请求书中另有 声明的外，以请求书中指明的第一申请人为代表人。
第 十七条 专利法第二十六条第二款所称请求书中的其他事项，是指： （一）申请人的国籍； （二）申请人是企业 或者其他组织的，其总部所在地的国家； （三）申请人委托专利代理机构的，应当注明的有关事项；申请人未委托专利代理机构的，其联系人的姓名、 地址、邮政编码及联系电话； （四）要求优先权的，应当注明的有关事项； （五）申请人或者专利代理机构的签字或者盖章； （六）申请文件清单； （七）附加文件清单；