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Chapter 1
General Provisions
Rule 1
These Implementing Regulations are formulated pursuant to Article 137
of the Patent Act (hereinafter referred to as this Act).
Rule 2
Any application to be filed in accordance with the provisions of this
Act shall, except that to be filed by electronic means pursuant to Article
19 of this Act, be in a written form and shall be affixed with the signature
or seal of the applicant, or may be affixed only with the signature or
seal of the patent agent, if already appointed. If the Patent Authority
deems it is necessary, request may be required, by a notice, to submit
the personal identity card or the Certificate of Incorporation of the
applicant.
Any application to be filed in written forms in accordance with the provisions
of this Act and these Implementing Regulations shall use the forms designated
by the Patent Authority.The formats and numbers of which shall be prescribed
by the Patent Authority.
Rule 3
Where Chinese translation of a scientific terminology has been made and
published by the National Institute for Compilation and Translation ,such
official translation shall prevail.Nevertheless, in the absence of such
official translation or if it is deemed necessary, the Patent Authority
may request the applicant to annotate the Chinese terminology with its
original foreign version.
The application and all relevant documents submitted shall be in Chinese.
In case any evidentiary document is written in a foreign language, the
Patent Authority may, as it is deemed necessary, request the applicant
to submit a full text Chinese translation or a Chinese translation of
an excerpt thereof.
Rule 4
Any certifying document submitted pursuant to this Act and these Implementing
Regulations shall be the original version thereof.
Upon clarifying that photocopied certifying document is identical to the
original, the applicant may submit the photocopy instead. However, if
the photocopy of the certifying document is provided as evidence of an
invalidation, it shall be proved to be consistent with the original.
When the original version of a certifying document has been verified by
the Patent Authority as correct and error-free, it shall be returned to
the applicant.
Rule 5
The date of receipt shall be the date on which the Patent Authority receives
the document and articles submitted by the applicant; however, if the
delivery thereof is made via registered mail, the date of receipt shall
be the postmark date.
Rule 6
With regard to the time period(s) specified in this Act and these Implementing
Regulations, an applicant may, prior to the expiration thereof, make a
request to the Patent Authority for an extension of a time limit.
Rule 7
Where a request for record of the change is made in the name or title,
seal, residence or business authority of the applicant, the certifying
document(s) shall be concurrently submitted. This provision shall not
apply where the change thereto is not necessary to be certified.
Rule 8
When the applicant appoints a patent attorney, a Power of Attorney shall
be submitted to the Patent Authority to specify the extent of power conferred
upon the attorney and the address to receive service.
The number of patent attorney shall not exceed three (3) persons.
If two or more patent attorneys are appointed, each of them may act on
behalf of the applicant severally.
In the event the appointment violates the provision of the preceding Paragraph,
the patent attorney still may act on behalf of the applicant severally.
The patent attorney may, through his consent , appoint other person as
his subagent.
If the powers or agents are changed, unless a written notice is submitted
to the Patent Authority, such change is not recognized by the Patent Authority.
Any change in the patent agent's address or seal shall be reported to
the Patent Authority for correction.
The applicant may submit a written trust to designate a third person as
recipient.
Rule 9
If the application does not conform statutory form of procedure and has
to be supplemented, the Patent Authority shall notify the applicant to
make supplement within the prescribed period; if the supplement is not
made within the prescribed time limit or the supplement is still incomplete,
the application shall be processed according to provision of Paragraph
1, Article 17 of this Act.
Rule 10
While applying for reinstatement under Paragraph 2 of Article 17 of this
Act, the applicant shall submit to the Patent Authority an application
stating the reasons for the delay and the reasons for extinguishment along
with the date accompanied by documentary evidence.
Rule 11
The period of twelve (12) months as prescribed in Paragraph 1, Article
27 of this Act shall be counted from the day following the date on which
the foreign application was first filed to the filing date as prescribed
in Paragraph 3, Article 25 of this Act.
The period of six (6) months as prescribed in Paragraph 2, Article 129
of this Act shall be counted from the day following the date on which
the foreign application was first filed to the filing date as prescribed
in Paragraph 3, Article 116 of this Act.
Rule 12
Where a change of the entitled applicant for a patent in accordance with
the provision of Article 10 of this Act is requested, a written agreement
on the ownership of the right to apply for a patent or other relevant
certifying documents shall be submitted.
Where a change of the entitled patentee in accordance with the provision
of Article 10 of this Act is requested, the Patent Certiificate and a
written agreement on the ownership of the patent or other relevant certifying
documents shall be submitted.
Rule 13
Where a change of entitled applicant is requested due to inheritance of
the right to apply for patent, the applicant shall submit an application
along with the following documents:
1. If the change of title is due to an assignment, a Deed of Assignment
on the right to apply for patent or another certifying documents provided
by the assignor. However, if the assignment is made due to amalgamation
of companies, the documentary evidence of the amalgamation.
2. If the change of title is due to inheritance, the certificate of death
and the instrument of succession.
Chapter 2
Application and examination of Patent
Section 1 Invention & utility model patent
Rule 14
In applying for an invention patent or a utility model patent, the request
shall contain the following items:
1. title of invention or utility model;
2. name, nationality of the inventor or creator;
3. name or title, nationality, domicile/residence or business authority
of the applicant; if a representative is appointed, the name of the representative
as well;
4. if a patent attorney is entrusted, the name and business authority
thereof.
Under any of the following circumstances, a statement shall be made in
the request:
1. where the applicant claims the facts provided in Item 1 or 2, Paragraph
2 of Article 22, Item 1 or 2, Paragraph 2, Article 94 of this Act;
2. where an applicant claims the priority stipulated in Paragraph 1, Article
27 of this Act;
3. where an applicant claims the priority stipulated in Paragraph 1, Articles
29 of this Act;
4. where a patent application for an invention relates to biological materials
or utilization of biological materials.
Rule 15
Specifications of an invention patent or utility model patent shall contain
the following items:
1. title of the invention or utility model;
2. name and nationality of the inventor or creator;
3. name or title, nationality, domicile/residence or business authority
of the applicant; if a representative is appointed, the name of the representative
as well;
4. where the priority stipulated in Paragraph 1, Article 27 of this Act
is claimed, the name of the foreign country in which the patent application
is first filed, the application number and the filing date thereof;
5. where a patent application for the same subject matter has been filed
in a foreign country, the application numbers and the filing date thereof;
6. where the priorities stipulated in Paragraph 1, Article 29 of this
Act are claimed, each of the application numbers and the filing dates;
7. where the benefit provided in Items 1, 2 of Paragraph 2 of Article
22, Items 1, 2 of Paragraph 2 of Article 94 of this Act is claimed, the
facts involved;
8. where a patent application for an invention that relates to biological
materials or utilization of biological materials is filed, the specification
shall contain the name of the depository institute, the deposit date and
the deposit number. If a deposit has been made in a foreign depository
institute prior to filing, the name of the foreign depository institute,
the deposit date and deposit number shall be stated. If no deposit of
biological material is required, the source for obtaining such biological
material must be stated;
9. abstract of the invention or utility model.
10. description of the invention or utility model.
11. claims.
The title of the invention or utility model should be consistent with
the contents of its claims, no irrelevant wording is allowed.
If necessary, the Patent Authority may notify the applicant to submitting
within prescribed time limit the documents concerning any search or result
of any examination in a foreign country as provided in Item 5, Paragraph
1 of this Rule. The Patent Authority may, if the applicant fails to indicate
the filing date, the application number of the foreign application or
fails to submit the documents concerning any search or result of any examination
in a foreign country, continue to proceed with the examination based on
the data and information currently available. .
For a patent application of an invention or a utility model, the terminology
used in the claims shall be consistent with that used in the title, abstract
and specification.
Rule 16
An abstract shall consist a summary of the disclosure as contained in
the patent application for invention or utility model. The summary shall
be drafted in a way that allows clear understanding of the technical problem
to be solved, the gist of the technical solution to that problem, and
the principal usage of the invention or utility mode. In principle, the
text shall not exceed 250 words. If the abstract contains chemical formula,
the formula that best characterizes the distinctive features of an invention
shall be disclosed.
There shall be no commercial advertisement wordings in an abstract of
the invention or the utility model.
Rule 17
The description of invention or utility model shall include the following
items:
1. Technical field(s) to which the invention or the utility model relate(s).
2. Prior art(s): indicating the prior art to the applicants understanding,
and preferably citing the documents reflecting such art.
3. Contents of the invention or the utility model: disclosing the technical
problem the invention or utility model aims to settle and the technical
solution adopted to resolve the problem; stating, with reference to the
prior art, the advantageous effects of the invention or utility model.
4. Mode for carrying out the invention or utility model: describing at
least one mode 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.
5. Brief description of the figures in the drawings: if the specification
is accompanied by drawings, it must be made in concise wordings to describe
the figures and contain reference numerals of major components thereof
according to the order of the figures.
The description of the invention or the utility model shall be written
in the order and manner as prescribed in each item of the preceding paragraph,
and each of the parts shall be preceded by a heading, unless, due to the
nature of the invention or utility model, a different order and manner
would result in a better understanding.
Where a patent application for an invention contains disclosures of one
or more nucleotides and/or amino acids sequence, a sequence listing in
compliance with the standard prescribed by the Patent Authority shall
be submitted as a separate part of the description, a copy of the said
computer-readable form may also be submitted.
Where a patent application for an invention is filed in relation to biological
material of utilization of biological material, information that must
be given includes the description of the scientific terminology, bacteriological
features and necessary genome map.
Rule 18
The claims of an invention or a utility model may be presented in more
than one independent claims. The number of claims shall be consistent
with the disclosure as contained in the invention or creation. If necessary,
it may have more than one dependent claims, the independent claims and
the dependent claims shall be consecutively arranged in Arabic numerical
order according to their dependent relations.
The independent claim shall clearly define the claimed subject matter
and the essential technical features for exploitation.
A dependent claim shall clearly define the number and the claimed subject
matter and, in addition thereto, the technical features of the claim on
which it depends. Whenever an interpretation on a dependent claim is made,
it shall contain all the technical features of all the claims it depends.
A dependent claim depending on two or more claims shall be called a multiple
dependent claim and shall be presented in choices.
Any dependent claim may only refer to the preceding dependent or independent
claim(s). However, any direct or indirect dependence is not allowed among
multiple dependent claims.
An independent or a dependent claim shall be presented in a single sentence
and the contents thereof may not be presented only by referring to the
line numbers of the description, figures or reference numerals of figures.
The claims may contain the chemical or mathematical formulae but no drawings,
For an invention characterized in combining plurality of technical features,
the claims of which may be presented in means-plus-function or step-plus-function
language. Whenever an interpretation on claims is made, it shall contain
the structure, material or acts or equivalent scope thereof corresponding
to the functions disclosed in the description of an invention.
Rule 19
Where an independent claims of an invention or a utility model is presented
in two-part form, the preamble portion shall contain the claimed subject
matter and those technical features that are necessary for the definition
of the claimed subject matter but which, in combination, are part of the
prior art. A characterizing portion shall be stated in such words "improved
in that…." Or in similar expression, the technical features of the
invention or utility model, which distinguish it from the prior art.
The technical features of the characterizing portion, in combination with
that of preamble portion, serve to define the scope of an independent
claim.
Rule 20
The drawings of an invention or a utility model shall be drawn clearly
based on engineering drawing method, when each drawings is scaled to two-thirds,
it shall enables all the elements disclosed in the drawings to be clearly
distinguished.
The drawings must be annotated with figure numbers and reference numerals,
and shall not contain descriptive words, unless otherwise indispensable.
The drawings must be arranged in numerical order of the figures. The figure
that best characterizes the technical features of the invention or utility
model shall be specified as the representative figure.
Rule 21
In the event of any shortage of page or omission in description or drawings,
the correction date will be regarded as the filing date. However, if the
correction thereof is been contained in an earlier application where a
priority right was claimed, the original filing date of the application
shall be retained.
Rule 22
Documents evidencing the acceptance of the corresponding application by
the foreign government in accordance with Paragraph 2, Article 28 of this
Act shall be the original, a substitute of the photocopy is not allowed.
Rule 23
The so-called "a single general inventive concept" as referred
to in the provision of Paragraph 2, Article 32 of this Act shall mean
that two or more inventions or utility models are technically linked.
The so-called "technically linked inventions or utility models"
as referred to in the preceding paragraph shall contain one or more identity
or correspondence, and shall have specific technical feature that contributes
to prior art.
Rule 24
Where a divisional application of an invention or utility model patent
is filed, the following documents accompanied by a request shall be submitted
for each divisional application:
1. specification and necessary drawings;
2. the original applications and necessary drawings as well as the specification
and necessary drawings after amendment;
3. the specification and necessary drawings of other divisional application(s)
if any;
4. where the same priority of the parent application was claimed, the
certified document of priority of the parent application;
5. where the parent application claimed the benefit as provided in the
provision of Paragraph 2 of Article 22, or Paragraph 2, Article 94 of
this Act; the certified documents evidencing the facts involved; and
6. Oath Assignment in the parent application.
Where the same priority of the parent application is claimed, a statement
shall be made for each divisional application.
The divisional application shall not change the category of protection
of the parent application.
Rule 25
Where a patent application filed in accordance with the provisions of
Article 34, Article 108 in applying mutatis mutandis Article 34, or Paragraph
1 of Article 129 in applying mutatis mutandis Article 34 of this Act,
the applicant shall submit to the Patent Authority the request accompanied
by the specification, the necessary drawings or the description of the
drawings in the original application, and the photocopy of the decision
on invalidation proceedings.
Rule 26
When applying for a substantive examination on an invention patent application,
a request shall be submitted, stating the following items:
1. application number;
2. title of invention;
3. name or title, nationality, domicile/residence or business authority
of the applicant of the substantive examination; if a representative is
appointed, the name of the representative.
4. if a patent attorney is entrusted, the name and business authority
of the patent attorney.
5. whether he is the patent applicant.
Rule 27
When applying for prioritized examination on an invention patent application,
a request shall be submitted, stating the following items:
1. application number and number of laying open;
2. title of invention;
3. name or title, nationality, domicile/residence or business authority
of the applicant who applies for the prioritized examination; if a representative
is appointed, the name of the representative;
4. if a patent attorney is entrusted, the name and business authority
thereof;
5. whether he is the patent applicant;
6. a statement with respect to the status of commercial exploitation;
if there is an agreement, the practicing of the agreement.
Where an invention application that applies for prioritized examination
has not yet requested for a substantive examination, a request for substantive
examination as prescribed in the preceding Paragraph shall be made.
The related documentary evidence to be submitted pursuant to the provision
of Paragraph 2, Article 39 of this Act are the written notification, advertising
catalogues or other written documents reflecting the facts pertaining
to commercial exploitation as provided in the provision of Paragraph 1,
Article 40 of this Act.
Rule 28
Where a supplement or an amendment to specification or drawings is made
in conformity with the provisions of this Act, an application shall be
submitted along with the following documents:
1. the amended sheet(s) of the specification on which the portions of
supplement or amendment are underlined,
2. the replacement sheet(s) of specification or drawings without underlines
after supplement or amendment; in case the page numbers of the original
specification or drawings are not continuous due to such supplement or
amendment, a complete set of specification or drawings after supplement
or amendment shall be submitted.
Rule 29
Where the Patent Authority notifies the patent applicant of appearing
for an interview, performing experiment(s), supplementing model(s) or
sample(s), or making amendments to specification, drawings or description
of figures and the applicant to act within the prescribed time limit,
or fails to conduct any act pursuant to the contents of the notification,
the Patent Authority may continue to proceed with the examination based
on the information available.
Section 2 Design Patent
Rule 30
In applying for a design, the application shall contain the following
items:
1. the title of the article applied to the design;
2. name, nationality of the creator;
3. name or title, nationality, domicile/residence or business authority
of the applicant; if a representative is appointed, the name of the representative;
4. If a patent attorney is entrusted, the name and business authority
address thereof;
Under any one of following circumstances, a declaration shall be made
on the application:
1. where the benefit as provided in the provision of Item1 Paragraph 2,
Article 110 of this Act was claimed, the facts involved;
2. where a priority as stipulated in the provision of Paragraph 1, Articles
27 applies mutatis mutandis to Article 129 of this Act is claimed, Article
122 was claimed, the facts involved.
Rule 31
The specification and drawings of a design shall contain the following
items:
1. the title of the article applied to the new design;
2. name, nationality of the creator;
3. name or title, nationality, domicile/residence or business authority
of the applicant; if a representative is appointed, the name of the representative.
4. where the priority as stipulated in the provision of Paragraph 1, Articles
27 applies mutatis mutandis to Article 129 of this Act, the name of a
foreign country in which the patent application is first filed, the application
number and the filing date thereof.
5. where a patent application for the same subject matter has been filed
in a foreign country, the application numbers and the filing date thereof;
6. where the benefit as provided in the provision of Item1 Paragraph 2,
Article 110 of this Act was claimed, the facts involved;
7. description of design;
8. description of figures in drawings;
9. drawings.
In applying for a patent for a new design, a perspective view or the figure
best characterizes the subject design shall be specified.
If necessary, the Patent Authority may notify the applicant to submit
within a prescribed period the documents concerning any search or result
of any examination in the foreign country as provided in Item 5, Paragraph
1 of this Rule; if the applicant does not state clearly the filing date,
the application number of the foreign application; or fails to submit
the search information or the data related to the result of examination
on the patent application in the foreign country, the Patent Authority
may continue to proceed with the examination based on the data and information
currently available.
Rule 32
The title of the article for the design shall clearly designate the article
to which the design applied, no irrelevant words shall be appended; if
the subject matter is a component, a statement of the article in which
assembly incorporated shall be included.
The description shall indicate the designed use of the article and the
characteristics of the design. In case the appearance of the article shown
in the drawings will change based on different materials used, the adjustment
of function, or change of state of use, a concise description shall be
provided.
Drawings disclosed in a design shall be annotated with titles for each
figure. If there is any omission due to the identity or symmetry of figures
or any other causes, it shall be clearly annotated in the description
of figures in drawings.
Rule 33
Drawings of a design shall be presented in a perspective view and six
views (i.e. the front, rear, left side, right side, top and bottom), or
in two or more perspective views. If the design is applied to a boundless
plane in form, a plan and pattern element of design shall be submitted.
The additional auxiliary drawings may be made to the drawings of a design
as stipulated in the preceding paragraph, if any.
Drawings shall be made in engineering drawing method and shall be clearly
illustrated by ink drawings, photographs or computer printouts; if color
is claimed, the color scheme showing the colors applied to the article
shall be submitted with the statement of the industrial color guide codes
of all colors, or with color cards.
Where the disclosure in any figure is other than the claimed subject matter
of the design, such figure shall be annotated as reference figure. The
reference figure, if necessary, shall be described in the description
of creation in a design.
Rule 34
In the event of a design application is divided into two or more separate
applications, each divisional application shall submit the following documents
accompanied by an application :
1. description of the drawings;
2. description of the drawings disclosed in the original application and
that after amendment;
3. if there are other divisional applications, description of the drawings
of each divisional application;
4. where a priority was claimed in the original application, the certifying
document of priority of the original application;
5. where the benefit as provided in the provision of Paragraph 2, Article
110 of this Act was claimed, the certifying documents evidencing the facts
involved;
6. Oath Assignment in the original application.
Where an applicant claims priority in the original application, a declaration
shall be made to the application for each divisional application.
Rule 35
Whenever a supplement or amendment to description of the drawings for
a design is made pursuant to this Act, an application shall be filed,
along with the following documents:
1. the amended sheet(s) of description of the drawings, on which the portions
of supplement or amendment are underlined;
2. a complete set of description of the drawings without underlines after
supplement or amendment. However, in case the supplement or amendment
is made only to the drawings, a complete set of drawings after supplement
or amendment shall be submitted.
Rule 36
In applying for an associated design, the application number of the original
design patent shall be mentioned in an application, accompanied by one
copy of specification and drawings of the original design.
The Patent Authority shall grant the patent right of the associated design
patent after the patent of the original design application is granted.
When an associated design patent is granted, such an effect shall be annotated
on the original patent certificate.
The provisions of the preceding six (6) Rules shall apply mutatis mutandis
to the associated design.
Chapter 3
Patent rights
Rule 37
The wording "prior to the filing of application" as referred
to in the provisions of Items 2 and 3 of Paragraph 1 of Article 57, Paragraph
1 of Article 87, Article 108 in applying mutatis mutandis Items 2 and
3, Paragraph 1 of Article 57 and Items 2 and 3, Paragraph 1 of Article
125, mean prior to priority date, if priority is claimed under Paragraph
1 of Article 27 or Paragraph 1 of Article 29 of this Act.
Rule 38
The wording "original enterprise" as referred to in the provisions
of Paragraph 2 of Article 57 and Paragraph 2 of Article 125 of this Act
means "the scale of enterprise prior to filing of application"
in the case of Item 2, Paragraph 1 of Article 57 and Item 2, Paragraph
1 of Article 125; and "scale of enterprise prior to filing of invalidation"
in the case of Item 5, Paragraph 1 of Article 57 and Item 5, Paragraph
1 of Article 125.
Rule 39
The wording "the areas in which sale can be made" as referred
to in the provisions of Paragraph 2 of Article 57 and Paragraph 2 of Article
125 of this Act shall be determined by the Court on the basis of agreement
on the contract, real intention of the parties concerned, customary practice
in trading, or other objective facts accordingly.
Rule 40
In applying for patent right assignment registration and issuance of a
new patent certificate, the original patentee or the assignee shall submit
a request, the original Letters Patent and the patent right assignment
agreement or other document(s) certifying such assignment.
Where the request for patent right succession registration and issuance
of a new patent certificate is caused by amalgamation of companies, the
supporting documents to be required shall be the documents certifying
such amalgamation.
Rule 41
In applying for patent right entrustment registration and issuance of
a new Letters Patent, the original patentee or the trustee shall submit
a request, Letters Patent along with the following documents:
1. for registration of patent right entrustment, the entrustment agreement
or the document(s) certifying such entrustment arrangement.
2. for entrustment registration after the patent right at issue has been
obtained by the trustee upon extinguishments of the trust relation, the
entrustment agreement or the document(s) certifying the extinguishments
of the trust relation.
3. for entrustment attribution, registration after the patent right has
been attributed to a third party upon extinguishments of the trust relation,
the entrustment agreement or the document(s) certifying the right attribution
by trust.
4. for alteration of other matters in the patent right entrustment registration,
the document(s) certifying such alteration.
Rule 42
Where a license registration of patent right is requested, the patentee
or the licensee shall submit a request accompanied by the licensing agreement
or the documentary evidence certifying such license.
The licensing agreement or the certifying document(s) to be submitted
under the preceding Paragraph shall state the scope, area and term of
license.The term of license shall be limited within the duration of the
patent right.
Rule 43
Where a pledge registration of a patent right is requested, the patentee
or the pledgee shall submit a request, Letters Patent along with the following
documents:
1. for registration of pledge created on patent right, the pledge creation
agreement.
2. for registration of alteration in the pledge, the document(s) certifying
such alteration.
3. for registration of extinguishment of the pledge on patent right, the
document(s) certifying the full discharge of pledged liabilities, or the
documentary evidence certifying the consent of all parties involved to
the deregistration of pledge.
The pledge creation agreement as required in the Item 1 preceding Paragraph
shall indicate title of the invention, utility model, or the title of
the article with new design, the number of the Letters Patent, and the
amount of obligation by the pledge.The term of the pledge shall be limited
to not exceeding the term of the patent right.
In disposal of the registration prescribed in Paragraph 1, the Patent
Authority shall have the relevant items annotated in the Letters Patent
and its patent register.
Rule 44
In applying for succession registration of patent right and issuance of
a new Letters Patent, a request annexed thereto with the certificate of
death and the instrument of succession, and the original Letters Patent
shall be concurrently submitted.
Rule 45
When the patentee of an invention patent or a utility model patent applies
for correction of the specification or drawings, an application shall
be submitted, accompanied by the following documents:
1. the corrected sheet(s) of specifications on which the corrected portions
are underlined;
2. specifications without underlines after correction or replacement sheet(s)
of drawings; if the page numbers of the original specification or drawings
are not continuous because of such correction, a complete set of specification
or drawings after correction shall be submitted.
Rule 46
In applying for a compulsory license, a request shall be submitted accompanied
by the detailed project for exploitation, the cause of applying for the
compulsory license and its related documents.
In applying for revocation of a compulsory license, a request stating
the manifested reasons to revoke the compulsory license shall be submitted
accompanied by the documentary evidence.
Rule 47
Marking of a Letters Patent number as stipulated in Article 79 of this
Act shall not be made after the patent is extinguished or its revocation
becomes irrevocable.
Rule 48
Where a Patent Certificate is destroyed, lost or damaged to the extent
that it is no longer usable, the patentee shall apply for issuance of
a replacement or a new Letters Patent by stating reasons in writing.The
damaged Letters Patent shall be returned to the Patent Authority.
Rule 49
Where a request for correcting the description of the drawings is made
by the patentee of a design patent, an application shall be submitted
along with by the following documents:
1. the corrected sheet(s) of description of the drawings, on which the
corrected portion are underlined.
2. a complete set of description of the drawings without underlines after
correction. However, in case the correction is made only to the drawings,
a complete set of drawings after correction shall be submitted.
Rule 50
Where a request for rendering a technical report on a utility model patent
as specified in Paragraph 1, Article 103 of this Act is made, an application
stating the following items shall be submitted:
1. application number;
2. title of the utility model;
3. name or title, domicile/residence or business authority of the applicant
who requests for rendering a technical report; if a representative is
appointed, the name of the representative as well;
4. if a patent attorney is entrusted, the name and business authority
thereof;
5. whether the applicant is the patentee.
Rule 51
The relevant documentary evidence as stipulated in Paragraph 4, Article
103 of this Act includes a written notification which issued by the patentee
to a party not entitled to exploit the patent for commercial purpose,
advertisement catalogues or other written documents reflecting the facts
pertaining to commercial exploitation.
Rule 52
The technical report on a utility model patent shall contain the following
items:
1. patent number of the utility model;
2. application number;
3. filing date;
4. priority date;.
5. the date that a request for rendering a technical report is made;
6. title of the utility model;
7. name or title, domicile/residence or business authority of the patentee;
8. if a patent attorney is entrusted, the name of the patent attorney;
9. name or title of the applicant who request for rendering a technical
report on a utility model patent;
10. name of the patent examiner;
11. the international patent classification code;
12. the range of documents pertaining to the prior art;
13. comparative result.
Rule 53
The patent register shall contain the following information:
1. the title of invention, model utility or the title of the article applied
to the design;
2. the duration of the patent;
3. name or title, nationality, domicile/residence or business authority
address of the patentee;
4. if a patent attorney is entrusted, the name and business authority
thereof;
5. filing date and application number;
6. where the priority stipulated in the provision of Paragraph 1, Article
27 of this Act was claimed, the name of the foreign country in which the
corresponding foreign patent application was first filed, the application
number and the filing date thereof;
7. where the priority stipulated in the provision of Paragraph 1, Article
29 of this Act was claimed, the application number and the filing date
thereof;
8. date of granted patent and patent number;
9. filing dates, date of granted patent of an associated design application;
10. the date of patent assignment or recordal through inheritance, and
name or title of the assignee and successor;
11. the date of recordal of trust, cancellation or reversion of patent
right, and names or titles of the truster or trustee;
12. name or title of the licensee and date of license registration;
13. the date of recordal of creation, change or extinction in a pledge
of patent and name or title of the pledge;
14. name or title, nationality, domicile/residence or business authority
of the compulsory licensee, and the date of approval or revocation of
a compulsory license;
15. cause(s) and date of issuance of a new Letters Patent;
16. extension of patent term or prolongation and the date of approval;
17. the cause(s) and its date for the extinguishment or revocation of
a patent;
18. name of the depository institute, the deposit date and the deposit
number; and
19. any other statutory rights and matters related to the patent.
Chapter 4
Laying open and Publication
Rule 54
Whenever an invention patent application is laid open by the Patent Authority,
the following items shall be opened to the public:
1. application number;
2. number of laying open;
3. date of laying open;
4. the international patent classification code;
5. filing date;
6. title of the invention;
7. name(s) of the inventor(s);
8. name or title, domicile/residence or business authority of the applicant;
9. if a patent attorney is entrusted, the name of the patent attorney;
10. abstract of the invention;
11. a figure which best characterizes the technical feature of the invention;
12. where the priority stipulated in the provision of Paragraph 1, Article
27 of this Act was claimed, the name of the foreign country in which the
corresponding foreign patent application was first filed, application
number and filing date thereof;
13. where the priority stipulated in the provision of Paragraph 1, Article
29 of this Act was claimed, the application numbers and the filing date
thereof;
14. whether a request for substantive examination is filed; and
15. whether a request for supplement or amendment is made.
Any party may apply to inspect, transcribe, photograph, or make copies
of the specification or drawings of a laid-open application.
Rule 55
Whenever a patent application is granted, the following items shall be
published in the official Patent Gazette:
1. patent number;
2. publication date;
3. number and date of laying open with respect to the invention patent
application;
4. the international patent classification code or the International Industrial
design code;
5. filing date;
6. application number;
7. title of invention patent, utility model patent, or the title of the
article applied to the design;
8. name of the inventor(s) or the creator(s);
9. name or title, domicile/residence or business authority of the applicant;
10. if a patent attorney is entrusted, the name of the patent attorney;
11. claims and drawings of the invention patent or the utility model patent;
drawings of the design patent;
12. brief description of the drawings or description of figure(s);
13. where the priority stipulated in the provision of Paragraph 1, Article
27 of this Act was claimed, the name of the foreign country in which the
corresponding foreign patent application was first filed, the application
number and the filing date thereof;
14. where the priority stipulated in the provision of Paragraph 1, Article
29 of this Act was claimed, the application number and the filing date
thereof; and
15. the name of the depository institute for any invention pertaining
to biological material or utilization of biological material, the deposit
date and the deposit number.
Rule 56
Where the applicant deems necessary to delay the publication of a patent,
he or she may apply to the Patent Authority for delay of the publication
of a patent by submitting a written application stating manifested reasons
at the time of paying the sealing fee and the first annuity. The requested
term of delay shall not exceed a period of three (3) months.
Chapter 5
Supplementary provision
Rule 57
These Implementing Regulations shall enter into force as from the date
this Act is implemented.
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