Student Call: Chinesepod - Implementing Regulations of the Patent Law of the People's Republic of

China

BIZCHINA / Intellectual property

Implementing Regulations of the Patent Law of the People's Republic of
China

Updated: 2006-04-17 14:40

Article 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deemed to be withdrawn.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 with 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.

Article 93 Where the party concerned makes a request for an examination
as to substance, a restoration of right or a 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.

Article 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.

Article 95 When the applicant goes through the formalities of
registration of the grant of patent right, it or he shall pay a
registration fee for the grant of patent right, printing fee for the
announcement of grant of patent right and the annual fee of 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 patent right shall be deemed not to have been made. The
subsequent annual fees shall be paid in advance within the month before
the expiration of the preceding year.

Article 96 Where the annual fee of the 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 of 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.

Article 97 The fee for a change in the bibliographic data, fee for
establishing a search report on a utility model patent, fee for
requesting suspension of the patent procedure, fee for requesting a
compulsory license, fee for requesting adjudication on exploitation fee
of a compulsory license and 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 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.

Article 98 Where any applicant or patentee has difficulties 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

Article 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.

Article 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 as an application
for patent filed with the Patent Administration Department under the
State Council, and the said filing date shall be deemed as 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.

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