篇一：专利法实施细则(2010英文版)
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, amended the first time on December 28,2002 according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China, and amended the second time on January 9,2010 according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China)
Translated by the State Intellectual Property office of the People's Republic of China. In case of discrepancy, the original version in Chinese shall prevail.
Chapter I General Provisions
Rule 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).
Rule 2. 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.
Rule 3. Any document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth 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 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.
Rule 4. 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 contacting 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 of 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.
Rule 5. 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.
Rule 6. 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 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 request the patent administration department under the State Council to restore his or its rights.
Except for circumstances prescribed in preceding paragraph, 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 other justified reason, resulting in loss of his or its rights, he or it may, within two months from the date of receipt of a notification from the patent administration department under the State Council, request the patent administration department under the State Council to restore his or its rights.
Where any party concerned requests to restore his or its right according to paragraph one or paragraph two of this Rule, he or it shall submit a request for restoration of his or its right, stating the reasons, attaching, if necessary, the relevant certifying documents, and go through the relevant formalities which should have been complied with before the loss of his or its right. Where the party concerned requests for restoration of his or its right according to paragraph two of this Rule, he or it shall pay the fee for request for restoration of right.
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 go through the relevant formalities.
The provisions of paragraphs one and two of this Rule shall not be applicable to the time limit referred to in Articles 24,29,42 and 68 of the Patent Law.
Rule 7. Where an application for a patent relates to the interests of national defense and is required to be kept secret, the application for patent shall be filed with and examined by the patent department of national defense. Where an application for patent received by the patent administration department under the State Council relates to the interests of national defense and is required to be kept secret, the application shall be promptly forwarded to the patent department of national defence to carry out the examination. Where it is found after examination by the patent department of national defence there is no cause for rejection of the application, the patent administration department under the State Council shall make a decision to grant the patent right concerning national defense.
Where the patent administration department under the State Council finds that an application for patent for invention or patent for utility model filed with it relates to national security or other vital interests other than interests concerning national defense and is required to be kept secret, it shall promptly make a decision on handling it as an application for secret patent and notify the applicant accordingly. The special procedures for the examination and reexamination of application for secret patent as well as the invalidation of secret patent shall be provided for by the patent administration department under the State Council.
Rule 8. The invention or utility model developed in China as mentioned in Article 20 of the Patent Law refers to an invention or utility model of which the substantive contents of the technical solution were made within the territory of China.
Where any entity or individual intends to file an application for patent abroad for the invention or utility model developed in China, it or he shall request, by one of the following manner, the patent administration department under the State Council to conduct confidentiality examination:
(1) where any entity or individual intends to file an application for patent directly in a foreign country or an international patent application with a relevant foreign organization, it or he shall file a request for confidentiality examination in advance with the patent administration department under the State Council and describe the related technical solution in detail;
(2) where after having filed an application for patent with the patent administration department under the State Council, the applicant intends to file an application for patent in a foreign country or an international patent application with a relevant foreign organization, it or he shall file the request for confidentiality examination with the patent administration department under the State Council before filing of the application for patent in a foreign country or the international patent application with the relevant foreign organization.
Where the applicant files an international patent application with the patent administration department under the State Council, it or he shall be deemed to have simultaneously filed the request for confidentiality examination.
Rule 9. Where the patent administration department under the State Council receives a request filed under Rule 8 of these Implementing Regulations and finds, upon examination, that the invention or utility model may relate to the security or vital interest of the State and is required to be kept secret, it shall promptly issue a notification of confidentiality examination to the applicant. If the applicant fails to receive the notification of confidentiality examination within four months from the date of filing its or his request, it or he may file, in respect of the invention or utility model, an application for patent in a foreign country or an international patent application with the relevant foreign organization.
Where the patent administration department under the State Council carries out a confidentiality examination in accordance with the notification prescribed in the preceding paragraph, it shall promptly make a decision on whether the invention or utility mode is required to be kept secret and notify the applicant accordingly. If the applicant fails to receive such a decision within six months from the date of filing its or his request, it or he may file, in respect of the invention or utility model, an application for patent in a foreign country or an international patent application with the relevant foreign organization.
Rule 10. Any invention-creation that is contrary to the laws referred to in Article 5 of the Patent Law shall not
include the invention-creation merely because the exploitation of which is prohibited by the laws.
Rule 11. 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.
Rule 12. "A service invention-creation 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 invention-creation made:
(l) in the course of performing his own duty;
(2) in execution of any task, other than his own duty, which was entrusted to him by the entity to which he belongs;
(3) within one year from his retirement, resignation or from termination of his employment or personnel relationship with the entity to which he previously belonged, where the invention-creation relates to his own duty or the other task 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, etc.
Rule 13. "Inventor" or "creator" referred to in the Patent Law means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as inventor or creator.
Rule 14. Except for the assignment of the patent right in accordance with Article 10 of the Patent Law, where the patent right is transferred because of 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 the owner of the patent right.
Any license contract for 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.
Where any patent right is pledged, both the pledger and the pledgee shall jointly register the contract of pledge with the patent administration department under the State Council.
Chapter 11 Application for Patent
Rule 15. Anyone who applies for a patent in written form shall file with the patent administration department
under the State Council application documents in two copies.
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 for having other patent matters to attend to 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.
Rule 16. The request of application for patent for invention, utility model or design, shall state the following:
(1) the title of the invention, utility model or design;
(2) where the applicant is a Chinese entity or individual, its or his title or name, address, postal code, the code of the organization or the citizen identification card number; where the applicant is a foreigner, a foreign enterprise or other foreign organization, his or its name or title, the nationality or the country or region in which the applicant is registered;
(3) the name of the inventor or creator;
(4) where the applicant has appointed a patent agency, the name of the appointed agency, the agency's organizational code and the name, the professional certificate number and the telephone number of the patent agent assigned by the agency;
(5) where the right of priority is claimed, the filing date on which the applicant filed the application the first time (hereinafter referred to as the earlier application), the filing number of the application and the title of the authority with which the application was first filed;
(6) the signature or seal of the applicant or the patent agency; (7) a list of the documents constituting the application;
(8) a list of the documents appending the application; and (9) any other related matters which needs to be indicated.
Rule 17. The description of an application for a patent for invention or a patent for 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
篇二：中华人民共和国专利法实施细则(中英文对照)
中华人民共和国专利法实施细则
Rules for the Implementation of the Patent Law of the People's Republic of China is hereby promulgated, and enter into force as of July 1, 2001.
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。
Article 1 These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as "the Patent Law")
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。
Article 2 "Invention" as mentioned in the Patent Law means any new technical solution relating to a product, a process or an improvement thereof.
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。"Utility model" as mentioned in the Patent Law means any new technical solution relating to a product's shape, structure, or a combination thereof, which is fit for practical use.
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。
"Design" as mentioned in the Patent Law means any new design of a product's shape, pattern or a combination thereof, as well as its combination with the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application.
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。
Article 3 All formalities provided in the Patent Law or these Rules shall be fulfilled in a written form or another form provided by the administrative department for patents under the State Council.
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。 Article 4 Any document to be submitted under the Patent Law or these Rules shall be in Chinese. A standard technical terminology shall be used if it is uniformly provided by the State. Where there is no uniform Chinese translation for the name of a foreigner, a foreign locality or a foreign technical terminology, the term in the original language shall be indicated.
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。
Where any certificate or certified document which is to be submitted in accordance with the Patent Law or these Rules is in a foreign language, the administrative department for patent under the State Council may, when considered necessary, request the party concerned to submit a Chinese translation within a specified time limit; where the translation has not been submitted at the expiry of the time limit, the certificate or certified document shall be deemed to have not been submitted.
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；
Article 5 For any document sent by mail to the administrative department for patent under the State Council, the date of mailing indicated by the postmark shall be regarded as the application date.
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。 If the date of mailing indicated by the postmark is illegible, the date on which the administrative department for patent under the State Council receives the document shall be regarded as the application date unless otherwise proven by the party concerned.
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。 Any document of the administrative department for patent under the State Council may be served by mail, by personal delivery or by other means.
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。
Where any party concerned has entrusted a patent agency, the document shall be sent to the patent agency; where no patent agency has been entrusted, the document shall be sent to the contact designated in the written request.
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。
For any document mailed by the administrative department for patent under the State Council, the 15th day from the date when the document was sent shall be presumed to be the date of the reception of the document.
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。
For any document to be served by personal delivery as required by the provisions of the administrative department for patent under the State Council, the date of delivery shall be regarded as the date of service.
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。
Where the address to which a document is to be served is not clear for the purpose of mailing, the document may be served by announcement, and shall be deemed to have been served at the expiry of 1 month as of the date of announcement.
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。
Article 6 The first day of any time limit provided in the Patent Law or these Rules shall not be counted.
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；
Where a time limit is counted by years or by months, it shall expire on the corresponding day of the last month;
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。
where there is no corresponding day in that month, the time limit shall expire on the last day of that month; and where a time limit expires on a statutory holiday, it shall expire on the first working day following that statutory holiday.
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。
Article 7 Where a party concerned has delayed past the time limit provided in the Patent Law or these Rules or that specified by the administrative department for patent under the State Council due to force majeure, thus resulting the loss of his/its rights, he/it may, within 2 months as of the removal of the impediment, or at the latest within 2 years as of the expiry of that time limit, request the administrative department for patent under the State Council to recover his/its rights by stating the reasons and affixing relevant supporting documents.
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。
Where a party concerned has delayed past the time limit provided in the Patent Law or these Rules or that specified by the administrative department for patent under the State Council due to a justified reason, thus resulting in the loss of his/its rights, he/it may, within 2 months as of the receipt of the notice from the administrative department for patent under the State Council, request the administrative department for patent under the State Council to recover his/its rights by stating the reason.
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。
Where a party concerned requests extension of the time limit specified by the administrative department for patent under the State Council, he/it shall, before the expiry of the said time limit, state the reason to the administrative department for patent under the State Council and fulfill relevant formalities.
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。
The provisions in Paragraph 1 and 2 of this Article shall not apply to the time limit provided in Article 24, Article 29, Article 42, or Article 62 of the Patent Law.
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；
Article 8 Where an application for a patent for invention involves any State secret in respect to national defense that needs to be maintained confidential, it shall be accepted by the institution for patent of national defense.
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。
Where an application for a patent for invention which involves any State secret in respect to national defense that needs to be maintained confidential has been accepted by the administrative department for patent under the State Council, it shall be transferred to the institution for patent of national defense for examination, and the administrative department for patent under the State Council shall make its decision upon the opinions from the examination by the institution for patent of national defense.
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；
In addition to the preceding paragraph, the administrative department for patent under the State Council shall, after accepting a patent application for invention, transmit it to the relevant competent department of the State Council for examination if such invention needs to be examined for its confidential nature.
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； The said department shall, within 4 months as of the receipt of the application, notify the administrative department for patent under the State Council of the examination result.
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。
Where the invention needs to be maintained confidential, the administrative department for patent under the State Council shall deal with the application as one of confidential patent and notify the applicant accordingly.
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。
Article 9 "Invention-creation that violates the laws of the State" mentioned in Article 5 of the Patent Law shall not include the invention-creations the use of which is prohibited by the laws of the State.
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。
Article 10 Except for the circumstances provided in Article 28 and Article 42 of the Patent Law, the application date mentioned in the Patent Law means the priority date if there is a right of priority concerned.
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。
Unless otherwise provided, the application date mentioned in these Rules means the one provided in Article 28 of the Patent Law.
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：
Article 11 "Service invention-creation made by a person in execution of the tasks of the entity to which he belongs" mentioned in Article 6 of the Patent Law means any invention-creation made:
（一）在本职工作中作出的发明创造；
(1) in the course of performing his own duty;
（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；
(2) in execution of any task, other than his own duty, which was delivered to him by the entity to which he belongs;
（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。
(3) within 1 year from his resignation, retirement or change of work, provided that the invention-creation relates to his own duty or to the other task distributed to him by the entity to which he previously belonged.
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。
"The entity to which he belongs" mentioned in Article 6 of the Patent Law may also be a temporary entity for which the person works; "material resources of the entity" mentioned in Article 6 of the Patent Law shall include the entity's money, equipment, spare parts, raw materials, or technical data which are not to be disclosed to the public.
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。
Article 12 "Inventor" or "designer" as mentioned in the Patent Law means any person who has made creative contributions to the substantive features of the invention-creation.
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。
Any person who, in the process of accomplishing the invention-creation, is responsible only for organizational work, or who offers facilities for the use of material resources, or who takes part in other auxiliary functions, shall not be an inventor or designer.
第十三条 同样的发明创造只能被授予一项专利。
Article 13 For any identical invention-creations, only one patent right shall be granted.
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。
In accordance with Article 9 of the Patent Law, two or more applicants who, on the same day, file applications for patent regarding identical invention-creations, shall, after receiving
篇三：中华人民共和国专利法实施细则(2010修订) 英文版
Rules for the Implementation 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, revised for the first time in accordance with the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on December 28, 2002, and revised for the second time in accordance with the Decision of the State Council on Amending the Rules for the Implementation of the Patent Law of the People's Republic of China on January 9, 2010)
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law).
Article 2 Any formalities prescribed by the Patent Law and these Rules shall be performed in written form or in any other form prescribed by the patent administration department of the State Council.
Article 3 Any document submitted in accordance with the provisions of the Patent Law and these Rules shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth 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 Rules is in a foreign language, the patent administration department of the State Council may, when it deems it necessary, require a Chinese translation of the certificate or the certifying document to 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.
Article 4 Where any document is sent by mail to the patent administration department of 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 of 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 of 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 of 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 of the State Council, the date of delivery is the date on which the party concerned receives the document.
Where the address of 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.
Article 5 The first day of any time limit prescribed in the Patent Law and these Rules 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.
Article 6 Where a time limit prescribed in the Patent Law or these Rules or specified by the patent administration department of the State Council is not observed by a party concerned because of force majeure, resulting in 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 date of the expiration of that time limit, request the patent administration department of the State Council to restore his or its rights.
Except for circumstances prescribed in the preceding paragraph, where a time limit prescribed in the Patent Law or these Rules or specified by the patent administration department of the State Council is not observed by a party concerned because of any other justified reason, resulting in loss of his or its rights, he or it may, within two months from the date of receipt of a notification from the patent administration department of the State Council, request the patent administration department of the State Council to restore his or its rights.
Where any party concerned requests restoration of his or its rights in accordance with the provisions of the first or second paragraph of this Article, he or it shall submit a request for restoration of rights, stating the reasons and attaching, if necessary, the relevant certifying documents, and go through the relevant formalities which should have been performed before the loss of his or its rights; where the party concerned requests restoration of his or its rights in accordance with the provisions of the second paragraph of this Article, he or it shall pay the fee for requesting restoration of rights.
Where the party concerned makes a request for an extension of a time limit specified by the patent administration department of the State Council, he or it shall, before the time limit expires, state the reasons to the patent administration department of the State Council and go through the
relevant formalities.
The provisions of the first and second paragraphs of this Article shall not be applicable to the time limit referred to in Articles 24, 29, 42 and 68 of the Patent Law.
Article 7 Where an application for a patent relates to the interests of national defense and is required to be kept secret, the application for patent shall be filed with and examined by the national defense patent authority; where an application for patent accepted by the patent administration department of the State Council relates to the interests of national defense and is required to be kept secret, the application shall be promptly forwarded to the national defense patent authority for examination. Where it is found after examination by the national defense patent authority that there is no ground for rejecting the application, the patent administration department of the State Council shall make a decision to grant a national defense patent right.
Where the patent administration department of the State Council finds that an application for patent for invention or patent for utility model which it accepts relates to national security or other vital interests of the State other than interests of national defense and is required to be kept secret, it shall promptly make a decision on handling it as an application for secret patent and notify the applicant accordingly. The special procedures for the examination and reexamination of an application for secret patent as well as the invalidation of secret patent shall be provided for by the patent administration department of the State Council.
Article 8 An invention or utility model developed in China referred to in Article 20 of the Patent Law means an invention or utility model in which the substantive contents of the technical solution are made within the territory of China.
Where any entity or individual intends to file an application for patent abroad for an invention or utility model developed in China, it or he shall request, in one of the following manners, the patent administration department of the State Council to conduct confidentiality examination:
(1) where filing an application for patent directly in a foreign country or filing an international patent application directly with a relevant foreign organization, it or he shall submit a request for confidentiality examination in advance to the patent administration department of the State Council and state the related technical solution in detail;
(2) where, after filing an application for patent with the patent administration department of the State Council, it or he intends to file an application for patent in a foreign country or an international patent application with a relevant foreign organization, it or he shall submit a request for confidentiality examination to the patent administration department of the State Council before filing the application for patent in a foreign country or the international patent application with the relevant foreign organization.
Where an international patent application is filed with the patent administration department
of the State Council, it shall be deemed that a request for confidentiality examination is filed simultaneously.
Article 9 Where the patent administration department of the State Council receives a request filed under Article 8 of these Rules and finds, upon examination, that the invention or utility model is likely to relate to national security or other vital interests of the State and is required to be kept secret, it shall promptly issue a notification of confidentiality examination to the applicant; if the applicant receives no notification of confidentiality examination within four months from the date of filing of his or its request, the applicant may file, in respect of the invention or utility model, an application for patent in a foreign country or an international patent application with the relevant foreign organization.
Where the patent administration department of the State Council carries out a confidentiality examination in accordance with the notification prescribed in the preceding paragraph, it shall promptly make a decision on whether the invention or utility mode is required to be kept secret and notify the applicant accordingly. If the applicant receives no such decision within six months from the date of filing of his or its request, the applicant may file, in respect of the invention or utility model, an application for patent in a foreign country or an international patent application with the relevant foreign organization.
Article 10 Invention-creations which violate the law referred to in Article 5 of the Patent Law shall not include invention-creations only the exploitation of which is prohibited by the law.
Article 11 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 Rules, except as otherwise prescribed, means the date of filing prescribed in Article 28 of the Patent Law.
Article 12 A service invention-creation 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 invention-creation made:
(1) in the course of performing his own duty;
(2) in execution of any task, other than his own duty, which was entrusted to him by the entity to which he belongs; or
(3) within one year from his retirement, resignation or from termination of his employment or personnel relationship with the entity to which he previously belongs, where the invention-creation relates to his own duty or any other task entrusted to him by the entity to which he previously belongs.
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 available to the public, etc.
Article 13 An inventor or creator referred to in the Patent Law means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the invention-creation, is responsible only for organizational work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as an inventor or creator.
Article 14 Except for the assignment of the patent right in accordance with the provisions of Article 10 of the Patent Law, where the patent right is transferred because of any other reason, the party concerned shall, based on the relevant certifying documents or legal papers, request the patent administration department of the State Council to register the transfer of the patent right.
Any license contract for 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 of the State Council for the record.
Where any patent right is put in pledge, the pledgor and the pledgee shall jointly register the contract of pledge with the patent administration department of the State Council.
Chapter II Application for Patent
Article 15 Anyone who applies for a patent in written form shall file with the patent administration department of the State Council application documents in two copies.
Anyone who applies for a patent in other forms as provided for by the patent administration department of the State Council shall comply with the relevant provisions.
Any applicant who appoints a patent agency for applying for a patent, or for having other patent matters to attend to before the patent administration department of 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.
Article 16 The following particulars shall be indicated in the request of application for patent for invention, utility model or design:
(1) the title of the invention, utility model or design;
(2) in the case of an applicant that is a Chinese entity or individual, the applicant's title or name, address, postal code, organization code or resident identity card number; in the case of an
《专利法实施细则(英文版)》出自：百味书屋
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