Industry Hot Spots | Announcement on the Implementation of the Interim Measures for the Handling of Examination Business Related to the Revised Patent Law

Starting from June 1, 2021 (inclusive, the same below), the patent applicant may file a partial design patent application in paper form or electronic form in accordance with Article 2.4 of the Patent Law.

Where an application for a partial design patent is made, a view of the entire product shall be submitted, and the content to be protected shall be indicated by a combination of dotted and solid lines or by other means, and if the part claimed for protection contains a three-dimensional shape, the submitted view shall include a three-dimensional view that can clearly show the part; Where the content to be protected is not indicated in the view of the overall product by a combination of dotted and solid lines, the part for which protection is requested shall be indicated in the brief description.

From the date of implementation of these Measures, for a patent application with an application date after June 1, 2021, if the applicant believes that there are any circumstances specified in Paragraph 1 of Article 24 of the Patent Law, the applicant may submit a request in paper form or electronic form. The CNIPA will examine the above-mentioned applications after the implementation of the newly revised Patent Law.

For a design patent application with a filing date after June 1, 2021, the applicant may submit a written declaration requesting the national priority of the design patent in accordance with paragraph 2 of Article 29 of the Patent Law.

If the applicant for a design patent claims national priority, and the earlier application is a design patent application, he may file a design patent application for the same subject matter; If the earlier application is an invention or utility model patent application, a design patent application with the same subject matter may be filed for the design shown in the drawings.

If the applicant for a design patent claims national priority, the applicant shall be deemed to have withdrawn the earlier application from the date of filing of the later application, unless the applicant for a design patent requests that the application for a patent for invention or utility model be used as the basis for domestic priority.

For a patent application with an application date after June 1, 2021, the applicant may submit a copy of the patent application documents filed for the first time in accordance with Article 30 of the Patent Law.

For invention patents granted from June 1, 2021, the patentee may, in accordance with paragraph 2 of Article 42 of the Patent Law, submit a request for compensation for the term of the patent right in paper form within three months from the date of the announcement of the grant of the patent right, and then pay the relevant fees in accordance with the payment notice issued by the State Intellectual Property Office. The CNIPA will review the above request after the implementation of the newly amended Patent Law.

Starting from June 1, 2021, the patentee may, in accordance with paragraph 3 of Article 42 of the Patent Law, submit a request for compensation for the term of the patent right in paper within three months from the date of approval of the application for marketing authorization of a new drug, and then pay the relevant fees in accordance with the payment notice issued by the State Intellectual Property Office. The CNIPA will review the above request after the implementation of the newly amended Patent Law.

From the date of implementation of these Measures, the patentee may, in accordance with the first paragraph of Article 50 of the Patent Law, voluntarily declare in paper or electronic form that it is open to license its patent. The CNIPA will review the above declarations submitted after June 1, 2021 after the implementation of the newly amended Patent Law Implementation Rules.

From the date of implementation of these Measures, the alleged infringer may, in accordance with Article 66 of the Patent Law, request the State Intellectual Property Office to issue a patent evaluation report in paper or electronic form.

Since June 1, 2021, the CNIPA has examined patent applications in the preliminary, substantive and reexamination procedures in accordance with Article 20.1 of the Patent Law and Article 25.1.5 of the Patent Law.

If the applicant is not satisfied with the relevant decision made by the State Intellectual Property Office in accordance with these Measures, he may file an application for administrative reconsideration, a request for reexamination or file an administrative lawsuit in accordance with the law.

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