(Announced by Order No. 306 of the State Council of the People's Republic of China on June 15, 2001, revised for the first time according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China on December 28, 2002, and revised for the second time according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China on January 9, 2010.)

Chapter 1 General Provisions

Article 1: These detailed 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: All procedures stipulated in the Patent Law and these Implementing Regulations shall be handled in writing or in other forms prescribed by the patent administrative department of the State Council.

Article 3: All documents submitted in accordance with the Patent Law and these Implementing Regulations shall be in Chinese; If the state has unified regulations on scientific and technological terms, standardized terms should be used; If there is no unified Chinese translation for foreign names, place names, and technological terms, the original text should be indicated.

If various certificates and supporting documents submitted in accordance with the Patent Law and these Implementing Regulations are in foreign languages, the patent administration department under the State Council may, when deemed necessary, require the parties to attach a Chinese translation within a specified period of time; If the certificate and supporting documents are not attached upon expiration, it shall be deemed that they have not been submitted.

Article 4: All documents mailed to the patent administration department under the State Council shall be submitted on the date of the postmark sent; If the postmark date is unclear, unless the parties can provide proof, the submission date shall be the date of receipt by the patent administration department under the State Council.

Various documents issued by the patent administration department of the State Council may be delivered to the parties concerned by mail, direct delivery, or other means. If the parties entrust a patent agency, the documents shall be submitted to the patent agency; For those who have not entrusted a patent agency, the contact person specified in the document submission request shall be appointed.

The various documents mailed by the patent administration department of the State Council shall be presumed to have been received by the parties concerned after 15 days from the date of issuance of the documents.

According to the regulations of the patent administration department under the State Council, documents that should be directly submitted shall be deemed delivered on the date of delivery.

If the delivery address of the document is unclear and cannot be mailed, it can be delivered to the party concerned through announcement. After one month from the date of announcement, the document shall be deemed to have been delivered.

Article 5: The first day of various time limits stipulated in the Patent Law and these Implementing Regulations shall not be counted towards the time limit. If the deadline is calculated in years or months, the corresponding day of the last month shall be the expiration date of the deadline; If there is no corresponding day in the month, the deadline shall expire on the last day of the month; If the expiration date is a statutory holiday, the first working day after the holiday shall be the expiration date.

Article 6: If a party delays the deadline stipulated in the Patent Law or these Implementing Regulations or the deadline designated by the patent administration department under the State Council due to force majeure, resulting in the loss of its rights, it may request the restoration of its rights from the patent administration department under the State Council within 2 months from the date of elimination of the obstacle, and at the latest within 2 years from the date of expiration of the deadline.

Except for the circumstances specified in the preceding paragraph, if a party delays the deadline stipulated in the Patent Law or these Implementing Regulations or the deadline designated by the patent administration department under the State Council due to other legitimate reasons, resulting in the loss of its rights, it may request the restoration of its rights from the patent administration department under the State Council within 2 months from the date of receiving the notice from the patent administration department under the State Council.

If a party requests the restoration of their rights in accordance with the provisions of the first or second paragraph of this article, they shall submit a request for restoration of their rights, explain the reasons, attach relevant supporting documents if necessary, and complete the corresponding procedures that should be completed before the loss of their rights; Those who request the restoration of their rights in accordance with the provisions of the second paragraph of this article shall also pay a fee for requesting the restoration of their rights.

If a party requests an extension of the time limit designated by the patent administration department of the State Council, they shall explain the reasons to the patent administration department of the State Council and handle relevant procedures before the expiration of the time limit.

The provisions of the first and second paragraphs of this article do not apply to the time limits stipulated in Articles 24, 29, 42, and 68 of the Patent Law.

Article 7: If a patent application involves national defense interests that require confidentiality, it shall be accepted and examined by the national defense patent agency; If the patent application accepted by the patent administration department of the State Council involves national defense interests that need to be kept confidential, it shall be promptly transferred to the national defense patent institution for examination. If no reasons for rejection are found after examination by the national defense patent institution, the patent administrative department of the State Council shall make a decision to grant the national defense patent right.

If the patent administration department of the State Council considers that the invention or utility model patent application it accepts involves national security or major interests other than national defense interests that need to be kept confidential, it shall promptly make a decision to handle it as a confidential patent application and notify the applicant. The special procedures for the examination, reexamination, and invalidation of confidential patent applications shall be prescribed by the patent administration department of the State Council.

Article 8: The invention or utility model completed in China referred to in Article 20 of the Patent Law means an invention or utility model in which the substantive content of the technical solution is completed within the territory of China.

Any unit or individual who applies for a patent for an invention or utility model completed in China to a foreign country shall request the patent administration department of the State Council to conduct a confidentiality examination in one of the following ways:

（1） For those who directly apply for patents abroad or submit international patent applications to relevant foreign institutions, they shall make a request to the patent administrative department of the State Council in advance and provide a detailed explanation of their technical solutions;

（2） If a person intends to apply for a patent abroad or submit an international patent application to a relevant foreign institution after applying for a patent with the patent administration department of the State Council, they shall make a request to the patent administration department of the State Council before applying for a patent abroad or submitting an international patent application to a relevant foreign institution.

Submitting an international patent application to the patent administration department of the State Council shall be deemed as simultaneously submitting a request for confidentiality examination.

Article 9: If the patent administration department of the State Council receives a request submitted in accordance with Article 8 of these Rules and, after examination, considers that the invention or utility model may involve national security or significant interests and needs to be kept confidential, it shall promptly issue a notice of confidentiality examination to the applicant; If the applicant has not received a notice of confidentiality examination within 4 months from the date of submission of their request, they may apply for a patent for the invention or utility model in a foreign country or submit an international patent application to relevant foreign institutions.

If the patent administrative department of the State Council notifies the confidentiality examination in accordance with the provisions of the preceding paragraph, it shall promptly make a decision on whether confidentiality is required and notify the applicant. If the applicant does not receive a decision requiring confidentiality within 6 months from the date of submission of their request, they may apply for a patent for the invention or utility model abroad or submit an international patent application to relevant foreign institutions.

Article 10: The invention or creation that violates the law referred to in Article 5 of the Patent Law does not include inventions or creations whose implementation is prohibited by law alone.

Article 11: Except as provided in Articles 28 and 42 of the Patent Law, the application date referred to in the Patent Law, where priority is claimed, shall mean the priority date.

The application date referred to in these rules, unless otherwise specified, refers to the application date specified in Article 28 of the Patent Law.

Article 12: The service inventions and creations completed in the execution of the tasks of the unit referred to in Article 6 of the Patent Law refer to:

（1） Inventions and creations made in the course of one's job;

（2） Inventions and creations made outside of the duties assigned by the unit;

（3） Inventions or creations made within one year after retirement, transfer from the original unit, or termination of labor or personnel relations that are related to their original job responsibilities or tasks assigned by the original unit.

The term 'this unit' referred to in Article 6 of the Patent Law includes temporary employment units; The material and technological conditions of the unit referred to in Article 6 of the Patent Law refer to the unit's funds, equipment, components, raw materials, or technical information that is not publicly disclosed.

Article 13: The inventor or designer referred to in the Patent Law means a person who has made creative contributions to the substantive features of an invention or creation. In the process of completing an invention or creation, those who are only responsible for organizing work, providing convenience for the utilization of material and technical conditions, or engaging in other auxiliary work are not inventors or designers.

Article 14: Except for the transfer of patent rights in accordance with Article 10 of the Patent Law, if the patent rights are transferred due to other reasons, the parties shall handle the patent right transfer procedures with the patent administrative department of the State Council by presenting relevant supporting documents or legal documents.

The patent implementation license contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the effective date of the contract.

If a patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department of the State Council.

Chapter 2 Patent Application

Article 15: Those who apply for a patent in writing shall submit two copies of the application documents to the patent administration department under the State Council.

Applications for patents in other forms prescribed by the patent administration department of the State Council shall comply with the prescribed requirements.

If the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administrative department of the State Council, a power of attorney shall be submitted at the same time, specifying the scope of the power of attorney.

If there are two or more applicants and no patent agency has been appointed, unless otherwise stated in the request, the first applicant specified in the request shall be the representative.

Article 16: The request for an invention, utility model, or design patent application shall specify the following matters:

（1） The name of the invention, utility model or design;

（2） If the applicant is a Chinese unit or individual, their name, address, postal code, organization code, or resident identity card number; If the applicant is a foreigner, foreign enterprise or other foreign organization, their name, nationality or registered country or region;

（3） The name of the inventor or designer;

（4） If the applicant entrusts a patent agency, the name and agency code of the entrusted agency, as well as the name, practice license number, and contact phone number of the designated patent agent of the agency;

（5） For those who request priority, the date of the first patent application filed by the applicant (hereinafter referred to as the prior application), the application number, and the name of the original accepting institution;

（6） Signature or seal of the applicant or patent agency;

（7） List of application documents;

（8） List of additional documents;

（9） Other relevant matters that need to be specified.

Article 17: The specification of an invention or utility model patent application shall specify the name of the invention or utility model, which shall be consistent with the name in the request. The instruction manual should include the following contents:

（1） Technical field: specify the technical field to which the requested protected technical solution belongs;

（2） Background technology: Provide useful background technology for understanding, searching, and examining inventions or utility models; Possible and cite documents reflecting these background technologies;

（3） Invention content: state the technical problem to be solved by the invention or utility model and the technical solution adopted to solve it, and compare the beneficial effects of the invention or utility model with the existing technology;

（4） Explanation of accompanying drawings: If there are accompanying drawings in the instruction manual, a brief explanation of each drawing should be provided;

（5） Specific implementation method: Specify in detail the preferred method that the applicant believes to implement the invention or utility model; If necessary, give examples to illustrate; For those with accompanying drawings, please refer to the attached drawings.

The applicant for an invention or utility model patent shall write the specification in the manner and order specified in the preceding paragraph, and indicate the title before each part of the specification, unless the nature of the invention or utility model can be saved by writing it in another way or order to enable others to accurately understand the invention or utility model.

The description of an invention or utility model shall use standardized vocabulary and clear language, and shall not use quotations such as "as claimed in the claims...", nor shall it use commercial promotional language.

If an invention patent application contains one or more nucleotide or amino acid sequences, the specification shall include a sequence list that complies with the regulations of the patent administration department under the State Council. The applicant shall submit the sequence list as a separate part of the specification and provide a computer-readable copy of the sequence list in accordance with the regulations of the patent administration department under the State Council.

The specification of a utility model patent application shall include drawings indicating the shape, structure, or combination thereof of the product for which protection is sought.

Article 18: Several drawings of an invention or utility model shall be numbered and arranged in the order of "Figure 1, Figure 2,...".

The reference numbers not mentioned in the text of the invention or utility model specification shall not appear in the drawings, and the reference numbers not appearing in the drawings shall not be mentioned in the text of the specification. The reference numbers indicating the same component in the application documents should be consistent.

Except for necessary words, there should be no other annotations in the attached drawings.

Article 19: The claims shall record the technical features of the invention or utility model.

If there are several claims in the claims, they should be numbered in Arabic numeral order.

The technical terms used in the claims shall be consistent with those used in the specification, and may have chemical or mathematical formulas, but shall not have illustrations. Unless absolutely necessary, the use of phrases such as "as described in the instruction manual" or "as shown in the figure" is not allowed.

The technical features in the claims may refer to the corresponding markings in the accompanying drawings of the specification, which should be placed after the corresponding technical features and enclosed in parentheses to facilitate understanding of the claims. The accompanying symbols shall not be interpreted as limiting the claims.

Article 20: The claims shall have independent claims and may also have dependent claims.

Independent claims should reflect the technical solution of the invention or utility model as a whole, and record the necessary technical features to solve the technical problem.

Dependent claims should further limit the cited claims with additional technical features.

Article 21: The independent claims of an invention or utility model shall include a preamble and a feature part, and shall be written in accordance with the following provisions:

（1） Preface: Clearly state the title of the claimed invention or utility model technical solution and the necessary technical features that the invention or utility model subject shares with the closest existing technology;

（2） Characteristic section: Use "its characteristic is..." or similar language to indicate the technical features that distinguish the invention or utility model from the closest existing technology. These features, together with the features stated in the preamble, define the scope of protection required for the invention or utility model.

If the nature of the invention or utility model is not suitable for expression in the preceding paragraph, the independent claims may be written in other ways.

An invention or utility model shall have only one independent claim, which shall be written before the dependent claims of the same invention or utility model.

Article 22: The dependent claims of an invention or utility model shall include a reference part and a limitation part, and shall be written in accordance with the following provisions:

（1） Reference section: specify the number and subject matter name of the cited claims;

（2） Restricted section: Specify the additional technical features of the invention or utility model.

Dependent claims can only refer to the preceding claims. Multiple dependent claims that cite two or more claims can only cite the preceding claim in a selective manner and cannot serve as the basis for another multiple dependent claim.

Article 23: The abstract of the specification shall state a summary of the disclosed content of the invention or utility model patent application, that is, the name of the invention or utility model and the technical field to which it belongs, and clearly reflect the technical problem to be solved, the key points of the technical solution to solve the problem, and the main purpose.

The abstract of the instruction manual may include the chemical formula that best illustrates the invention; A patent application with accompanying drawings shall also provide a drawing that best illustrates the technical features of the invention or utility model. The size and clarity of the attached image should ensure that when the image is reduced to 4 cm x 6 cm, all details in the image can still be clearly distinguished. The abstract text should not exceed 300 words. Commercial promotional language shall not be used in the abstract.

Article 24: If the invention for which a patent is applied involves a new biological material that is not available to the public and the description of the biological material is insufficient for technical personnel in the relevant field to implement the invention, in addition to complying with the relevant provisions of the Patent Law and these Implementing Regulations, the applicant shall also handle the following procedures:

（1） Submit the sample of the biological material to a preservation institution recognized by the State Council's patent administration department for preservation before or at the latest on the application date (if priority is claimed, the priority date), and submit the preservation certificate and survival certificate issued by the preservation institution at the time of application or at the latest within 4 months from the application date; If the certificate is not submitted upon expiration, the sample shall be deemed not to have been submitted for preservation;

（2） Provide information on the characteristics of the biological material in the application documents;

（3） Patent applications involving the preservation of biological material samples shall specify in the request and specification the classification and naming of the biological material (with a Latin name), the name and address of the unit that preserves the biological material sample, the date of preservation, and the preservation number; If it is not specified at the time of application, it shall be supplemented within 4 months from the date of application; If no correction is made upon expiration, it shall be deemed that the deposit has not been submitted.

Article 25: If an applicant for an invention patent deposits a sample of biological material in accordance with the provisions of Article 24 of these Implementing Regulations, and after the publication of the invention patent application, any unit or individual needs to use the biological material involved in the patent application for experimental purposes, they shall make a request to the patent administration department of the State Council and specify the following matters:

（1） The name or address of the requester;

（2） No guarantee to provide the biological material to anyone else;

（3） The guarantee that it will only be used for experimental purposes before granting patent rights.

Article 26: Genetic resources referred to in the Patent Law refer to materials derived from human, animal, plant, or microbial sources that contain genetic functional units and have actual or potential value; The invention or creation relying on genetic resources referred to in the Patent Law refers to the invention or creation completed by utilizing the genetic functions of genetic resources.

If an invention or creation that relies on genetic resources is applied for a patent, the applicant shall provide an explanation in the request and fill out the form formulated by the patent administration department of the State Council.

Article 27: If the applicant requests color protection, they shall submit color pictures or photographs.

The applicant shall submit relevant pictures or photographs of the content that needs to be protected for each appearance design product.

Article 28: A brief description of a design shall clearly state the name and purpose of the design product, the design points of the design, and specify a picture or photograph that best illustrates the design points. Omitting views or requesting color protection should be clearly stated in the brief explanation.

If a design patent application is filed for multiple similar designs of the same product, one of them should be designated as the basic design in the brief description.

A brief explanation should not use commercial promotional language, nor should it be used to describe the performance of the product.

Article 29: When deemed necessary, the patent administration department under the State Council may require the applicant for a design patent to submit samples or models of products using the design. The volume of the sample or model shall not exceed 30 centimeters x 30 centimeters x 30 centimeters, and the weight shall not exceed 15 kilograms. Perishable, vulnerable, or hazardous materials shall not be submitted as samples or models.

Article 30: The international exhibitions recognized by the Chinese government referred to in Article 24 (1) of the Patent Law refer to international exhibitions registered with or recognized by the International Exhibition Bureau as stipulated in the Convention on International Exhibitions.

The academic or technical conference referred to in Article 24 (2) of the Patent Law means an academic or technical conference organized by the relevant competent department of the State Council or a national academic organization.

If the invention or creation for which a patent is applied falls under the circumstances listed in Article 24 (1) or (2) of the Patent Law, the applicant shall declare at the time of filing the patent application and submit within 2 months from the date of filing a certificate issued by the organizing unit of the relevant international exhibition, academic conference, or technical conference stating that the invention or creation has been exhibited or published, as well as the date of exhibition or publication.

If the invention or creation for which a patent is applied falls under the circumstances listed in Article 24 (3) of the Patent Law, the patent administration department under the State Council may, when deemed necessary, require the applicant to submit supporting documents within a specified time limit.

If the applicant fails to make a declaration and submit supporting documents in accordance with the provisions of paragraph 3 of this Article, or fails to submit supporting documents within the designated time limit in accordance with the provisions of paragraph 4 of this Article, the provisions of Article 24 of the Patent Law shall not apply to their application.

Article 31: If the applicant requests foreign priority in accordance with Article 30 of the Patent Law, the copy of the prior application documents submitted by the applicant shall be certified by the original accepting institution. According to the agreement signed between the patent administration department of the State Council and the accepting institution, if the patent administration department of the State Council obtains a copy of the prior application document through electronic exchange or other means, it shall be deemed that the applicant has submitted a copy of the prior application document certified by the accepting institution. If the applicant requests domestic priority and specifies the filing date and application number of the prior application in the request, it shall be deemed that a copy of the prior application document has been submitted.

If priority is claimed, but one or both of the application date, application number, and name of the original accepting institution of the prior application are omitted or incorrectly written in the request, the patent administration department under the State Council shall notify the applicant to make corrections within a specified time limit; If no correction is made upon expiration, it shall be deemed that priority has not been claimed.

If the name of the applicant claiming priority is inconsistent with the name of the applicant recorded in the copy of the prior application documents, proof of priority transfer shall be submitted. Failure to submit such proof shall be deemed as failure to claim priority.

The applicant of a design patent application claims foreign priority, and if the prior application does not include a brief description of the design, and the brief description submitted by the applicant in accordance with Article 28 of these Rules does not exceed the scope represented by the pictures or photographs of the prior application documents, it does not affect their right to priority.

Article 32: The applicant may claim one or more priority rights in a patent application; If multiple priority rights are requested, the priority period of the application shall be calculated from the earliest priority date.

The applicant claims domestic priority, and if the prior application is an invention patent application, an invention or utility model patent application may be filed for the same subject matter; If the prior application is a utility model patent application, a utility model or invention patent application may be filed for the same subject matter. However, when filing the subsequent application, if the subject matter of the prior application falls under any of the following circumstances, it shall not be used as a basis for claiming domestic priority:

（1） Has requested foreign priority or domestic priority;

（2） Those who have already been granted patent rights;

（3） Belonging to the divisional application submitted in accordance with regulations.

If the applicant claims domestic priority, the earlier application shall be deemed withdrawn from the date of filing of the later application.

Article 33: If an applicant who does not have a habitual residence or place of business in China applies for a patent or claims foreign priority, the patent administration department under the State Council may, when deemed necessary, require them to provide the following documents:

（1） If the applicant is an individual, their nationality certificate;

（2） Proof documents from the country or region where the applicant is registered, if the applicant is an enterprise or other organization;

（3） The applicant's country recognizes that Chinese units and individuals can enjoy patent rights, priority rights, and other patent related rights under the same conditions as nationals of that country.

Article 34: According to Article 31 (1) of the Patent Law, two or more inventions or utility models belonging to a general inventive concept that can be filed as a patent application shall be technically interrelated and contain one or more identical or corresponding specific technical features. Specific technical features refer to the technical features that each invention or utility model contributes to the existing technology as a whole.

Article 35: According to Article 31 (2) of the Patent Law, if multiple similar designs of the same product are filed as one application, the other designs of the product shall be similar to the basic design specified in the brief description. The number of similar designs in a design patent application shall not exceed 10.

The term "two or more designs of products of the same category and sold or used in sets" referred to in Article 31 (2) of the Patent Law means that each product belongs to the same major category in the classification table, is habitually sold or used simultaneously, and the designs of each product have the same design concept.

If two or more appearance designs are submitted as one application, the sequential numbers of each appearance design should be marked before the names of each image or photograph of each appearance design product.

Article 36: If an applicant withdraws a patent application, they shall make a declaration to the patent administration department under the State Council, specifying the name of the invention or creation, the application number, and the application date.

If the statement to withdraw the patent application is made after the State Council's patent administration department has made preparations for the printing of the patent application documents, the application documents shall still be published; However, the declaration of withdrawal of the patent application shall be announced in the patent gazette published in the future.

Chapter 3 Examination and Approval of Patent Applications

Article 37: In the preliminary examination, substantive examination, reexamination, and invalidation procedures, if the personnel conducting the examination and trial have any of the following circumstances, they shall recuse themselves, and the parties or other interested parties may request their recusal:

（1） If it is a close relative of the party or their agent;

（2） Having an interest in patent applications or patent rights;

（3） Having other relationships with the parties or their agents that may affect fair examination and trial;

（4） Members of the Patent Reexamination Board have participated in the examination of the original application.

Article 38: After receiving a request, specification (including drawings), and claims for an invention or utility model patent application, or a request, drawings or photographs of a design patent application, and a brief explanation, the patent administration department under the State Council shall specify the application date, give an application number, and notify the applicant.

Article 39: If a patent application document falls under any of the following circumstances, the patent administrative department under the State Council shall not accept it and notify the applicant:

（1） If an invention or utility model patent application lacks a request, specification (without accompanying drawings), or claims, or if a design patent application lacks a request, drawings or photographs, or a brief explanation;

（2） Not using Chinese;

（3） Not in compliance with the provisions of Article 121, Paragraph 1 of these detailed rules;

（4） The request letter lacks the applicant's name or address;

（5） Clearly not in compliance with the provisions of Article 18 or Article 19 (1) of the Patent Law;

（6） The category of patent application (invention, utility model or design) is unclear or difficult to determine.

Article 40: If the specification includes an explanation of the accompanying drawings but lacks any or part of them, the applicant shall submit the supplementary drawings or declare the cancellation of the explanation of the drawings within the time limit designated by the patent administration department under the State Council. If the applicant submits additional drawings, the date of submission or mailing of the drawings to the patent administration department under the State Council shall be deemed as the application date; If the explanation of the attached drawings is cancelled, the original application date shall be retained.

Article 41: If two or more applicants apply for patents for the same invention or creation on the same day (referring to the application date; if priority is claimed, referring to the priority date), they shall, after receiving notification from the patent administration department under the State Council, independently negotiate to determine the applicant.

If the same applicant applies for both a utility model patent and an invention patent for the same invention or creation on the same day (referring to the application date), they shall separately state at the time of application that another patent has been applied for the same invention or creation; For those not specified, they shall be handled in accordance with Article 9 (1) of the Patent Law, which stipulates that only one patent right can be granted for the same invention or creation.

When the patent administration department of the State Council announces the grant of utility model patent rights, it shall announce the explanation that the applicant has simultaneously applied for an invention patent in accordance with the provisions of paragraph 2 of this article.

If no reason for rejection is found in the examination of an invention patent application, the patent administration department under the State Council shall notify the applicant to declare the waiver of the utility model patent right within the prescribed time limit. If the applicant declares abandonment, the patent administration department under the State Council shall make a decision to grant the invention patent right and announce the applicant's declaration of abandonment of the utility model patent right together with the announcement of the grant of the invention patent right. If the applicant does not agree to give up, the patent administrative department of the State Council shall reject the invention patent application; If the applicant fails to respond within the time limit, it shall be deemed that the invention patent application has been withdrawn.

The utility model patent right shall terminate from the date of announcement of the grant of the invention patent right.

Article 42: If a patent application includes two or more inventions, utility models, or designs, the applicant may submit a divisional application to the patent administration department under the State Council before the expiration of the time limit specified in Article 54, paragraph 1 of these Implementing Regulations; However, if the patent application has been rejected, withdrawn, or deemed withdrawn, a divisional application cannot be filed.

If the patent administrative department of the State Council considers that a patent application does not comply with the provisions of Article 31 of the Patent Law and Articles 34 or 35 of these Implementing Regulations, it shall notify the applicant to modify the application within a specified period of time; If the applicant fails to respond within the time limit, the application shall be deemed withdrawn.

The application for division shall not change the category of the original application.

Article 43: A divisional application filed in accordance with Article 42 of these Rules may retain the original filing date. If priority is enjoyed, the priority date may be retained, but it shall not exceed the scope recorded in the original application.

The divisional application shall go through relevant procedures in accordance with the provisions of the Patent Law and these Implementing Regulations.

The request for divisional application shall specify the application number and application date of the original application. When submitting a divisional application, the applicant shall provide a copy of the original application documents; If the original application enjoys priority, a copy of the priority document of the original application shall be submitted.

Article 44: The preliminary examination referred to in Articles 34 and 40 of the Patent Law refers to the examination of whether a patent application contains the documents and other necessary documents specified in Articles 26 or 27 of the Patent Law, whether these documents comply with the prescribed format, and the examination of the following items:

（1） Whether the invention patent application clearly falls under the circumstances stipulated in Article 5 and Article 25 of the Patent Law, whether it does not comply with the provisions of Article 18, Article 19 (1), Article 20 (1) of the Patent Law or Article 16 and Article 26 (2) of these Rules, whether it clearly does not comply with the provisions of Article 2 (2), Article 26 (5), Article 31 (1), Article 33 of the Patent Law or Articles 17 to 21 of these Rules;

（2） Whether the utility model patent application clearly falls under the circumstances stipulated in Article 5 and Article 25 of the Patent Law, whether it does not comply with the provisions of Article 18, Article 19 (1), Article 20 (1) of the Patent Law, or Articles 16 to 19 and 21 to 23 of these Rules, whether it clearly does not comply with the provisions of Article 2 (3), Article 22 (2), (4), Article 26 (3), (4), Article 31 (1), Article 33 of these Rules, or whether it cannot obtain a patent right in accordance with Article 9 of the Patent Law;

（3） Whether the design patent application clearly falls under the circumstances stipulated in Article 5, Article 25 (1) (6) of the Patent Law, whether it does not comply with the provisions of Article 18, Article 19 (1) of the Patent Law or Articles 16, 27, and 28 of these Implementing Regulations, whether it clearly does not comply with the provisions of Article 2 (4), Article 23 (1), Article 27 (2), Article 31 (2), Article 33, or Article 43 (1) of these Implementing Regulations, and whether it cannot obtain a patent right in accordance with Article 9 of the Patent Law;

（4） Does the application document comply with the provisions of Article 2 and Article 3, Paragraph 1 of these detailed rules.

The patent administrative department of the State Council shall notify the applicant of the examination opinion and require them to state their opinions or make corrections within a specified period of time; If the applicant fails to respond within the time limit, their application shall be deemed withdrawn. If the patent administrative department under the State Council still considers that the applicant's opinions or corrections do not comply with the provisions listed in the preceding paragraph, they shall be rejected.

Article 45: Except for the patent application documents, any other documents related to the patent application submitted by the applicant to the patent administrative department under the State Council that fall under any of the following circumstances shall be deemed not to have been submitted:

（1） Not using the prescribed format or filling out information that does not comply with regulations;

（2） Failure to submit proof materials as required.

The patent administrative department of the State Council shall notify the applicant of the examination opinions deemed not to have been submitted.

Article 46: If an applicant requests the early publication of their invention patent application, they shall declare it to the patent administration department under the State Council. After the preliminary examination of the application by the patent administration department of the State Council, unless rejected, the application shall be immediately published.

Article 47: If the applicant specifies the product using the design and its category, the design product classification table published by the patent administration department of the State Council shall be used. If the category of the product using the design is not specified or the category written is inaccurate, the patent administration department of the State Council may supplement or modify it.

Article 48: From the date of publication of an invention patent application to the date of announcement of the grant of patent rights, any person may submit opinions to the patent administrative department of the State Council on patent applications that do not comply with the provisions of the Patent Law, and explain the reasons.

Article 49: If an applicant for an invention patent is unable to submit the search materials or examination result materials as stipulated in Article 36 of the Patent Law due to justifiable reasons, they shall declare to the patent administration department under the State Council and submit the relevant materials after obtaining them.

Article 50: When the patent administration department under the State Council conducts its own examination of a patent application in accordance with the provisions of Article 35 (2) of the Patent Law, it shall notify the applicant.

Article 51: The applicant for an invention patent may proactively propose amendments to the invention patent application within three months from the date of submitting a request for substantive examination and receiving a notification from the patent administration department under the State Council that the invention patent application has entered the substantive examination stage.

The applicant for a utility model or design patent may, within 2 months from the date of application, proactively propose amendments to the application.

If the applicant modifies the patent application documents after receiving the examination opinion notification issued by the patent administrative department of the State Council, they shall make modifications to address the defects pointed out in the notification.

The patent administrative department of the State Council may modify obvious errors in the text and symbols in the patent application documents on its own. If the patent administrative department of the State Council makes modifications on its own, it shall notify the applicant.

Article 52: For the modified parts of the specification or claims of an invention or utility model patent application, except for individual textual modifications or additions or deletions, replacement pages shall be submitted in accordance with the prescribed format. The modification of images or photographs in a design patent application shall be accompanied by the submission of replacement pages in accordance with regulations.

Article 53: According to Article 38 of the Patent Law, the circumstances in which an invention patent application should be rejected after substantive examination refer to:

（1） The application falls under the circumstances stipulated in Article 5 or Article 25 of the Patent Law, or cannot obtain patent rights in accordance with Article 9 of the Patent Law;

（2） The application does not comply with the provisions of Article 2 (2), Article 20 (1), Article 22, Article 26 (3), (4), (5), Article 31 (1) of the Patent Law or Article 20 (2) of these Implementing Regulations;

（3） The amendment of the application does not comply with Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Article 43 (1) of these Implementing Regulations.

Article 54: After the patent administrative department of the State Council issues a notice to grant patent rights, the applicant shall complete the registration procedures within 2 months from the date of receipt of the notice. If the applicant completes the registration procedures on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate, and make a public announcement.

Those who fail to complete the registration procedures upon expiration shall be deemed to have waived their right to obtain patent rights.

Article 55: If no reason for rejection is found after examination of a confidential patent application, the patent administration department under the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate, and register relevant matters of the confidential patent right.

After the announcement of the decision to grant a utility model or design patent right, the patentee or interested party as stipulated in Article 60 of the Patent Law may request the patent administrative department of the State Council to make a patent evaluation report.

If requesting a patent evaluation report, a request for a patent evaluation report shall be submitted, specifying the patent number. Each request should be limited to one patent right.

If the request for patent evaluation report does not comply with the regulations, the patent administrative department under the State Council shall notify the requester to make corrections within a specified time limit; If the requester fails to make corrections within the time limit, it shall be deemed that the request has not been made.

Article 57: The patent administration department under the State Council shall make a patent evaluation report within 2 months after receiving the request for a patent evaluation report. If multiple claimants request a patent evaluation report for the same utility model or design patent, the patent administration department under the State Council shall only issue one patent evaluation report. Any unit or individual may access or copy the patent evaluation report.

Article 58: The patent administration department under the State Council shall promptly correct any errors found in patent announcements or patent volumes, and publish the corrections made.

Chapter 4: Reexamination of Patent Applications and Invalidation of Patent Rights

Article 59: The Patent Reexamination Board shall be composed of technical experts and legal experts designated by the patent administration department of the State Council, and the chairman shall be concurrently held by the person in charge of the patent administration department of the State Council.

Article 60: If a request for reexamination is made to the Patent Reexamination Board in accordance with Article 41 of the Patent Law, a request for reexamination shall be submitted, with reasons explained and relevant evidence attached if necessary.

If the request for reexamination does not comply with the provisions of Article 19 (1) or Article 41 (1) of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the requester in writing and explain the reasons.

If the request for reexamination does not conform to the prescribed format, the requester shall make corrections within the time limit designated by the Patent Reexamination Board; If no correction is made within the time limit, the request for reexamination shall be deemed not to have been made.

Article 61: The requester may modify the patent application documents when submitting a request for reexamination or responding to the reexamination notice of the Patent Reexamination Board; However, the modification should be limited to eliminating the defects pointed out in the rejection decision or the notice of reexamination.

The amended patent application documents shall be submitted in duplicate.

Article 62: The Patent Reexamination Board shall forward the accepted request for reexamination to the original examination department of the State Council's patent administration department for examination. If the original examination department agrees to revoke the original decision based on the request of the requester for reexamination, the Patent Reexamination Board shall make a reexamination decision based on this and notify the requester for reexamination.

Article 63: If the Patent Reexamination Board finds that the request for reexamination does not comply with the relevant provisions of the Patent Law and these Implementing Regulations after reexamination, it shall notify the requester and require them to state their opinions within a specified period of time. If there is no response within the deadline, the request for reexamination shall be deemed withdrawn; If, after presenting opinions or making modifications, the Patent Reexamination Board considers that it still does not comply with the relevant provisions of the Patent Law and these Implementing Regulations, it shall make a reexamination decision to uphold the original rejection decision.

If the Patent Reexamination Board finds that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Implementing Regulations, or if it considers that the amended patent application documents eliminate the defects pointed out in the original rejection decision, the original rejection decision shall be revoked and the original examination department shall continue the examination procedure.

Article 64: Before the Patent Reexamination Board makes a decision, the requester for reexamination may withdraw their request for reexamination.

If the requester withdraws their request for reexamination before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated.

Article 65: If a request for invalidation or partial invalidation of a patent right is made in accordance with Article 45 of the Patent Law, a request for invalidation of the patent right and necessary evidence in duplicate shall be submitted to the Patent Reexamination Board. The request for invalidation shall be accompanied by all the evidence submitted, specifying the reasons for the invalidation request and indicating the evidence on which each reason is based.

The reason for the invalidation request referred to in the preceding paragraph refers to the fact that the invention or creation for which a patent has been granted does not comply with the provisions of Article 2, Article 20 (1), Article 22, Article 23, Article 26 (3) and (4), Article 27 (2), Article 33, or Article 20 (2) and Article 43 (1) of these Implementing Regulations, or falls under the provisions of Article 5 or Article 25 of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law.

Article 66: If the request for invalidation of a patent right does not comply with the provisions of Article 19 (1) of the Patent Law or Article 65 of these Implementing Regulations, the Patent Reexamination Board shall not accept it.

If, after the Patent Reexamination Board has made a decision on the request for invalidation, another request for invalidation is made on the same grounds and evidence, the Patent Reexamination Board shall not accept it.

If a request for invalidation of a design patent is made on the grounds that it does not comply with the provisions of Article 23 (3) of the Patent Law, but no evidence is submitted to prove the conflict of rights, the Patent Reexamination Board shall not accept it.

If the request for invalidation of a patent right does not conform to the prescribed format, the person requesting invalidation shall make corrections within the time limit designated by the Patent Reexamination Board; If no correction is made upon expiration, the request for invalidation shall be deemed not to have been made.

Article 67: After the Patent Reexamination Board accepts a request for invalidation, the requester may add reasons or supplement evidence within one month from the date of filing the request for invalidation. If there are additional reasons or supplementary evidence beyond the deadline, the Patent Reexamination Board may not consider them.

Article 68: The Patent Reexamination Board shall send copies of the request for invalidation of the patent right and relevant documents to the patentee, requesting them to state their opinions within a specified time limit.

The patentee and the person requesting invalidation shall reply to the notice of transfer of documents or the notice of examination of invalidation request issued by the Patent Reexamination Board within the specified time limit; If there is no response within the deadline, it does not affect the review by the Patent Reexamination Board.

Article 69: During the examination process of a request for invalidation, the patentee of an invention or utility model patent may modify its claims, but shall not expand the scope of protection of the original patent.

The patentee of an invention or utility model patent shall not modify the patent specification and drawings, and the patentee of a design patent shall not modify the drawings, photographs, and brief description.

Article 70: The Patent Reexamination Board may decide to conduct an oral hearing on a request for invalidation based on the request of the parties or the needs of the case.

If the Patent Reexamination Board decides to conduct an oral hearing on a request for invalidation, it shall issue a notice of oral hearing to the parties, informing them of the date and place of the oral hearing. The parties shall respond within the time limit specified in the notice.

If the applicant for invalidation fails to respond to the oral hearing notice issued by the Patent Reexamination Board within the specified time limit and does not participate in the oral hearing, their invalidation request shall be deemed withdrawn; If the patentee does not participate in the oral hearing, they may be absent from the hearing.

Article 71: In the examination procedure for invalidation requests, the deadline designated by the Patent Reexamination Board shall not be extended.

Article 72: Before the Patent Reexamination Board makes a decision on a request for invalidation, the person requesting invalidation may withdraw their request.

If the applicant for invalidation withdraws their request or their invalidation request is deemed withdrawn before the decision of the Patent Reexamination Board, the invalidation request examination procedure shall be terminated. However, if the Patent Reexamination Board considers that a decision to declare the patent right invalid or partially invalid can be made based on the examination work already conducted, the examination procedure shall not be terminated.

Chapter 5 Compulsory License for Patent Implementation

Article 73: The insufficient implementation of a patent referred to in Article 48 (1) of the Patent Law means that the patentee and its licensee implement the patent in a manner or on a scale that does not meet the domestic demand for patented products or methods.

The drugs that have obtained patent rights referred to in Article 50 of the Patent Law refer to any patented products in the field of medicine or products directly obtained by patented methods necessary for solving public health problems, including the active ingredients required for manufacturing the patented products and the diagnostic products required for using the patented products.

Article 74: If a request for compulsory license is made, a request for compulsory license shall be submitted to the patent administration department under the State Council, explaining the reasons and attaching relevant supporting documents.

The patent administrative department under the State Council shall send a copy of the compulsory license request to the patentee, and the patentee shall state their opinions within the time limit designated by the patent administrative department under the State Council; If there is no response within the deadline, it does not affect the decision made by the patent administrative department of the State Council.

Before making a decision to reject a request for compulsory license or to grant a compulsory license, the patent administrative department of the State Council shall notify the requester and the patentee of the proposed decision and its reasons.

The decision of granting compulsory license by the patent administration department of the State Council in accordance with Article 50 of the Patent Law shall also comply with the provisions of relevant international treaties concluded or acceded to by China on granting compulsory license for the purpose of solving public health problems, except where China has made reservations.

Article 75: In accordance with Article 57 of the Patent Law, if a party requests the State Council's patent administrative department to make a ruling on the amount of royalties, the party shall submit a request for a ruling and attach proof that the two parties cannot reach an agreement. The patent administrative department of the State Council shall make a ruling within 3 months from the date of receipt of the request and notify the parties concerned.

Chapter 6: Rewards and Remuneration for Inventors or Designers of Service Inventions and Creations

Article 76: The unit granted a patent right may agree with the inventor or designer or stipulate in its rules and regulations formulated in accordance with the law the methods and amounts of rewards and remuneration as stipulated in Article 16 of the Patent Law.

The rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the relevant financial and accounting regulations of the state.

Article 77: If the unit that has been granted a patent right has not agreed with the inventor or designer, nor has it stipulated in its rules and regulations formulated in accordance with the law the method and amount of the reward provided for in Article 16 of the Patent Law, it shall issue a bonus to the inventor or designer within three months from the date of the announcement of the patent right. The minimum bonus for an invention patent shall not be less than 3000 yuan; The minimum prize for a utility model patent or design patent shall not be less than 1000 yuan.

The unit to which the patent right is granted shall give a bonus to the inventor or designer for the invention or creation completed by the adoption of their suggestions by their affiliated unit.

Article 78: If the unit granted the patent right has not agreed with the inventor or designer, nor has it stipulated in its rules and regulations formulated in accordance with the law the method and amount of remuneration as stipulated in Article 16 of the Patent Law, during the validity period of the patent right, after implementing the invention or creation patent, it shall extract no less than 2% of the operating profit from implementing the invention or utility model patent or no less than 0.2% of the operating profit from implementing the design patent each year as remuneration to the inventor or designer, or give the inventor or designer a one-time remuneration based on the above proportion; If the unit granted the patent right licenses other units or individuals to implement its patent, it shall extract no less than 10% of the collected usage fee as remuneration and give it to the inventor or designer.

Chapter 7 Protection of Patent Rights

Article 79: The department responsible for managing patent work referred to in the Patent Law and these Implementing Regulations refers to the department established by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, as well as the people's governments of prefecture level cities with large patent management workloads and actual processing capabilities to manage patent work.

Article 80: The patent administrative department of the State Council shall provide business guidance to the departments responsible for managing patent work in handling patent infringement disputes, investigating and punishing counterfeit patent acts, and mediating patent disputes.

Article 81: If a party requests to handle a patent infringement dispute or mediate a patent dispute, it shall be under the jurisdiction of the department in charge of patent work in the place where the respondent is located or where the infringement occurred.

In patent disputes where two or more departments responsible for managing patent work have jurisdiction, the parties may make a request to one of the departments responsible for managing patent work; If a party makes a request to two or more departments with jurisdiction over patent work, the department that first accepts the request shall have jurisdiction over the patent work.

If there is a dispute over jurisdiction among the departments responsible for managing patent work, the department responsible for managing patent work under their common superior people's government shall designate jurisdiction; If there is no department of the people's government with a common superior to manage patent work, the patent administrative department of the State Council shall designate jurisdiction.

Article 82: In the process of handling patent infringement disputes, if the respondent requests invalidation and is accepted by the Patent Reexamination Board, they may request the department in charge of patent work to suspend the handling.

If the department responsible for managing patent work considers that the reasons for suspension proposed by the respondent are clearly untenable, the processing may not be suspended.

Article 83: If the patentee, in accordance with Article 17 of the Patent Law, marks the patent mark on its patented product or its packaging, it shall be marked in the manner prescribed by the patent administration department under the State Council.

If the patent identification does not comply with the provisions of the preceding paragraph, the department in charge of patent management shall order correction.

Article 84: The following acts constitute the act of counterfeiting patents as stipulated in Article 63 of the Patent Law:

（1） Labeling patent marks on products or their packaging that have not been granted patent rights, continuing to label patent marks on products or their packaging after patent rights are declared invalid or terminated, or labeling someone else's patent number on products or product packaging without permission;

（2） Sell the product mentioned in item (1);

（3） In product manuals and other materials, technologies or designs that have not been granted patent rights are referred to as patented technologies or patented designs, patent applications are referred to as patents, or others' patent numbers are used without permission, causing the public to mistake the involved technologies or designs for patented technologies or patented designs;

（4） Falsifying or altering patent certificates, patent documents, or patent application documents;

（5） Other behaviors that confuse the public by mistaking technology or designs that have not been granted patent rights as patented technology or patented designs.

Labeling patent marks on patented products, products directly obtained through patented methods, or their packaging before the termination of patent rights, and promising to sell or sell such products after the termination of patent rights, does not constitute counterfeiting of patents.

Selling products that are not known to be counterfeit patents and can prove the legal source of the product shall be ordered by the department in charge of patent management to stop sales, but exempted from fines.

Article 85: Except as provided in Article 60 of the Patent Law, the department responsible for managing patent work may, at the request of the parties, mediate the following patent disputes:

（1） Disputes over patent application rights and patent ownership;

（2） Disputes over the qualifications of inventors and designers;

（3） Disputes over rewards and remuneration for inventors and designers of job-related inventions and creations;

（4） Disputes arising from the use of an invention without payment of appropriate fees after the publication of the invention patent application and before the grant of patent rights;

（5） Other patent disputes.

For the disputes listed in item (4) of the preceding paragraph, if the parties request mediation from the department in charge of patent work, they shall submit it after the patent right is granted.

Article 86: If a party has a dispute over the ownership of patent application rights or patent rights and has requested mediation from the department in charge of patent work or filed a lawsuit with the people's court, they may request the patent administration department of the State Council to suspend the relevant procedures.

If a request is made to suspend the relevant procedures in accordance with the provisions of the preceding paragraph, a request letter shall be submitted to the patent administration department of the State Council, and a copy of the relevant acceptance documents indicating the application number or patent number from the department or people's court responsible for managing patent work shall be attached.

After the mediation agreement made by the department in charge of patent work or the judgment made by the people's court takes effect, the parties shall handle the procedures for restoring the relevant procedures with the patent administrative department of the State Council. If within one year from the date of the request for suspension, disputes regarding the ownership of patent application rights or patent rights cannot be resolved and the relevant procedures need to be continued to be suspended, the requester shall request an extension of the suspension within that period. If no extension is requested upon expiration, the patent administrative department of the State Council shall restore the relevant procedures on its own.

Article 87: If a people's court decides to take preservation measures for a patent application right or patent right in the trial of a civil case, the patent administration department under the State Council shall suspend the relevant procedures for the preserved patent application right or patent right on the date of receipt of the ruling indicating the application number or patent number and the notice of assistance in enforcement. If the preservation period expires and the people's court does not rule to continue taking preservation measures, the patent administrative department of the State Council shall restore the relevant procedures on its own.

Article 88: The suspension of relevant procedures by the patent administration department of the State Council in accordance with Articles 86 and 87 of these Rules refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications, the granting of patent rights procedures, and the invalidation procedures of patent rights; Suspend the procedures for waiving, changing, transferring patent rights or patent application rights, patent pledge procedures, and termination procedures before the expiration of the patent term.

Chapter 8 Patent Registration and Patent Gazette

Article 89: The State Council's patent administration department shall establish a patent registration book to register the following matters related to patent applications and patent rights:

（1） Grant of patent rights;

（2） Transfer of patent application rights and patent rights;

（3） Pledge, preservation, and release of patent rights;

（4） Filing of patent implementation license contracts;

（5） Invalidation of patent rights;

（6） Termination of patent rights;

（7） Restoration of patent rights;

（8） Compulsory license for patent implementation;

（9） Changes in the name, nationality, and address of the patentee.

Article 90: The patent administration department of the State Council shall regularly publish patent bulletins, which shall publish or announce the following contents:

（1） The bibliographic data and abstract of the invention patent application;

（2） The request for substantive examination of an invention patent application and the decision of the patent administrative department under the State Council to conduct substantive examination of the invention patent application on its own;

（3） The rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration, and transfer of invention patent applications after publication;

（4） The grant of patent rights and the bibliographic data of patent rights;

（5） The abstract of the specification of an invention or utility model patent, and a picture or photograph of a design patent;

（6） Decryption of national defense patents and confidential patents;

（7） Invalidation of patent rights;

（8） Termination and restoration of patent rights;

（9） Transfer of patent rights;

（10） Filing of patent implementation license contracts;

（11） Pledge, preservation, and release of patent rights;

（12） The granting of compulsory license for patent implementation;

（13） Change of the name or address of the patentee;

（14） Announcement and delivery of documents;

（15） Corrections made by the patent administrative department of the State Council;

（16） Other related matters.

Article 91: The patent administration department under the State Council shall provide patent bulletins, volumes of invention patent applications, and volumes of invention patents, utility model patents, and design patents for free public access.

Article 92: The patent administration department of the State Council shall be responsible for exchanging patent documents with patent offices or regional patent organizations of other countries or regions in accordance with the principle of reciprocity.

Chapter 9 Expenses

Article 93: When applying for a patent and handling other procedures with the patent administration department of the State Council, the following fees shall be paid:

（1） Application fee, application surcharge, publication printing fee, priority claim fee;

（2） Substantive examination fee and reexamination fee for invention patent application;

（3） Patent registration fee, announcement printing fee, annual fee;

（4） Restoration of rights request fee, extension of deadline request fee;

（5） Fees for changes in bibliographic data, requests for patent evaluation reports, and requests for invalidation.

The payment standards for the various fees listed in the preceding paragraph shall be formulated by the price management department and the finance department of the State Council in conjunction with the patent administration department of the State Council.

Article 94: The various fees prescribed in the Patent Law and these Implementing Regulations may be paid directly to the patent administration department under the State Council, or may be remitted through post office or bank, or paid in other ways prescribed by the patent administration department under the State Council.

If payment is made through post office or bank transfer, the correct application number or patent number and the name of the fee paid shall be indicated on the remittance form submitted to the patent administrative department of the State Council. Those who do not comply with the provisions of this clause shall be deemed as not having completed the payment procedures.

For those who directly pay fees to the patent administrative department of the State Council, the payment date shall be deemed as the payment date; For fees paid by postal remittance, the payment date shall be the postmark date of the postal remittance; For fees paid by bank remittance, the actual remittance date of the bank shall be considered as the payment date.

If the patent fee is overpaid, overpaid, or incorrectly paid, the party concerned may request a refund from the patent administration department of the State Council within 3 years from the date of payment, and the patent administration department of the State Council shall refund it.

Article 95: The applicant shall pay the application fee, publication printing fee, and necessary application surcharges within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice; If the payment is not made or fully paid upon expiration, the application shall be deemed withdrawn.

If the applicant requests priority, they shall pay the priority claim fee at the same time as paying the application fee; If the payment is not made or fully paid upon expiration, it shall be deemed that priority has not been claimed.

Article 96: If a party requests substantive examination or reexamination, they shall pay the fees within the relevant time limit stipulated in the Patent Law and these Implementing Regulations; If the payment is not made or fully paid upon expiration, it shall be deemed that no request has been made.

Article 97: When the applicant completes the registration procedures, they shall pay the patent registration fee, announcement printing fee, and annual fee for the year in which the patent right is granted; If the payment is not made or fully paid upon expiration, it shall be deemed that the registration procedures have not been completed.

Article 98: The annual fee after the grant of patent rights shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administrative department under the State Council shall notify the patentee to make up the payment within 6 months from the expiration of the annual fee due, and at the same time pay a late fee; The amount of late fees shall be calculated based on an additional 5% of the full annual fee for each month beyond the prescribed payment period; If the annual fee is not paid upon expiration, the patent right shall terminate from the date when the annual fee due is due.

Article 99: The fee for requesting the restoration of rights shall be paid within the relevant time limit stipulated in these detailed rules; If the payment is not made or fully paid upon expiration, it shall be deemed that no request has been made.

The fee for requesting an extension of the deadline shall be paid before the corresponding deadline expires; If the payment is not made or fully paid upon expiration, it shall be deemed that no request has been made.

The fees for changes in bibliographic data, requests for patent evaluation reports, and requests for invalidation shall be paid within one month from the date of the request; If the payment is not made or fully paid upon expiration, it shall be deemed that no request has been made.

Article 100: If the applicant or patentee has difficulties in paying the various fees prescribed in these Regulations, they may submit a request to the patent administration department under the State Council for reduction or postponement of payment in accordance with the regulations. The methods for reducing or deferring payments shall be formulated by the financial department of the State Council in conjunction with the price management department and the patent administration department of the State Council.

Chapter 10 Special Provisions on International Applications

Article 101: The patent administration department under the State Council shall, in accordance with Article 20 of the Patent Law, accept international patent applications filed in accordance with the Patent Cooperation Treaty.

The conditions and procedures for international patent applications (hereinafter referred to as international applications) filed and designated in China under the Patent Cooperation Treaty to enter the processing stage of the State Council's patent administrative department (hereinafter referred to as entering the Chinese national stage) shall be subject to the provisions of this chapter; If there are no provisions in this chapter, the relevant provisions of the Patent Law and other chapters of these rules shall apply.

Article 102: International applications for which the international application date has been determined and China has been designated in accordance with the Patent Cooperation Treaty shall be deemed as patent applications filed with the patent administration department under the State Council, and the international application date shall be deemed as the application date referred to in Article 28 of the Patent Law.

Article 103: The applicant of an international application shall, within 30 months from the priority date referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this chapter), complete the procedures for entering the Chinese national phase with the patent administration department under the State Council; If the applicant fails to complete the procedures within the deadline, after paying the grace fee, they may complete the procedures for entering the Chinese national phase within 32 months from the priority date.

Article 104: If the applicant completes the procedures for entering the Chinese national phase in accordance with Article 103 of these Rules, they shall meet the following requirements:

（1） Submit a written declaration in Chinese for entering the Chinese national phase, specifying the international application number and the type of patent rights required to be obtained;

（2） Pay the application fee and publication printing fee as stipulated in Article 93 (1) of these detailed rules, and if necessary, pay the grace fee as stipulated in Article 103 of these detailed rules;

（3） If the international application is filed in a foreign language, submit the Chinese translation of the specification and claims of the original international application;

（4） In the written declaration entering the Chinese national phase, the name of the invention or creation, the name or address of the applicant, and the name of the inventor shall be specified, and the above content shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); If the inventor is not specified in the international application, the name of the inventor shall be stated in the above declaration;

（5） If an international application is filed in a foreign language, the Chinese translation of the abstract shall be submitted. If there are drawings and abstract drawings, copies of the drawings and abstract drawings shall be submitted. If there are text in the drawings, they shall be replaced with the corresponding Chinese text; For international applications submitted in Chinese, submit copies of the abstract and its accompanying drawings in the international publication documents;

（6） For those who have completed the applicant change procedures with the International Bureau in the international phase, provide proof of the applicant's right to apply after the change;

（7） When necessary, pay the application surcharge as stipulated in Article 93, Paragraph 1 of these detailed rules.

For applications that meet the requirements of items (1) to (3) of the first paragraph of this article, the patent administration department under the State Council shall provide an application number, specify the date on which the international application entered the Chinese national phase (hereinafter referred to as the entry date), and notify the applicant that their international application has entered the Chinese national phase.

If an international application has entered the Chinese national phase but does not meet the requirements of items (4) to (7) of paragraph 1 of this article, the patent administration department under the State Council shall notify the applicant to make corrections within a specified time limit; If no correction is made within the time limit, the application shall be deemed withdrawn.

Article 105: If an international application falls under any of the following circumstances, its validity in China shall terminate:

（1） In the international phase, if the international application is withdrawn or deemed withdrawn, or if the designation of China in the international application is withdrawn;

（2） The applicant fails to complete the procedures for entering the Chinese national phase in accordance with Article 103 of these Rules within 32 months from the priority date;

（3） The applicant has completed the procedures for entering the Chinese national phase, but still does not meet the requirements of Article 104 (1) to (3) of these Rules after the expiration of the 32 month period from the priority date.

According to the provisions of item (1) of the preceding paragraph, if the effectiveness of an international application in China is terminated, the provisions of Article 6 of these Regulations shall not apply; According to the provisions of items (2) and (3) of the preceding paragraph, if the effectiveness of an international application in China is terminated, the provisions of Article 6, paragraph 2 of these Rules shall not apply.

Article 106: If an international application has been amended during the international phase and the applicant requests examination based on the amended application documents, the Chinese translation of the amended parts shall be submitted within 2 months from the date of entry. If the Chinese translation is not submitted during this period, the patent administration department of the State Council will not consider the modifications proposed by the applicant in the international phase.

Article 107: If the invention or creation involved in an international application falls under any of the circumstances listed in Article 24 (1) or (2) of the Patent Law and a declaration was made at the time of filing the international application, the applicant shall explain it in the written declaration of entering the Chinese national phase and submit the relevant supporting documents as stipulated in Article 30 (3) of these Implementing Regulations within 2 months from the date of entry; If no explanation is provided or no supporting documents are submitted within the prescribed period, the application shall not be subject to the provisions of Article 24 of the Patent Law.

Article 108: If the applicant has provided explanations for the preservation of biological material samples in accordance with the provisions of the Patent Cooperation Treaty, it shall be deemed that the requirements of Article 24 (3) of these Implementing Regulations have been met. The applicant shall indicate in the declaration of entering the Chinese national phase the documents that record the preservation of biological material samples and the specific location of the records in the documents.

If the applicant has already recorded the preservation of biological material samples in the specification of the original submitted international application, but has not indicated it in the declaration of entering the Chinese national phase, it shall be corrected within 4 months from the date of entry. If no correction is made upon expiration, the biological material shall be deemed not to have been submitted for preservation.

If the applicant submits the certificate of preservation and survival of biological material samples to the patent administrative department of the State Council within 4 months from the date of entry, it shall be deemed to have been submitted within the time limit stipulated in Article 24 (1) of these Rules.

Article 109: If the invention or creation involved in an international application relies on genetic resources, the applicant shall provide an explanation in the written declaration of the entry of the international application into the Chinese national phase and fill in the form formulated by the patent administration department of the State Council.

Article 110: If the applicant has claimed one or more priority rights in the international phase and the priority claim continues to be valid when entering the Chinese national phase, it shall be deemed that a written declaration has been made in accordance with Article 30 of the Patent Law.

The applicant shall pay the priority claim fee within 2 months from the date of entry; If the payment is not made or fully paid upon expiration, it shall be deemed that the priority right has not been claimed.

If the applicant has already submitted a copy of the prior application document in accordance with the provisions of the Patent Cooperation Treaty during the international phase, there is no need to submit a copy of the prior application document to the patent administrative department of the State Council when handling the procedures for entering the Chinese national phase. If the applicant fails to submit a copy of the prior application documents in the international phase, the patent administration department under the State Council may, if deemed necessary, notify the applicant to submit it within a specified time limit; If the applicant fails to make up the overdue payment, their priority claim shall be deemed not to have been made.

Article 111: If the applicant requests the patent administration department under the State Council to process and examine an international application in advance before the expiration of 30 months from the priority date, in addition to completing the procedures for entering the Chinese national phase, the applicant shall also make a request in accordance with Article 23 (2) of the Patent Cooperation Treaty. If the International Bureau has not yet transmitted the international application to the Patent Administration Department of the State Council, the applicant shall submit a confirmed copy of the international application.

Article 112: For international applications seeking utility model patent rights, the applicant may proactively propose amendments to the patent application documents within 2 months from the date of entry.

The provisions of Article 51 (1) of these Implementing Regulations shall apply to international applications for obtaining invention patent rights.

Article 113: If the applicant discovers errors in the Chinese translation of the text in the submitted specification, claims or drawings, they may make corrections in accordance with the original international application text within the following prescribed time limits:

（1） Before the patent administration department of the State Council prepares for the publication of invention patent applications or utility model patent rights;

（2） Within 3 months from the date of receiving the notification from the patent administration department of the State Council that the invention patent application has entered the substantive examination stage.

If the applicant corrects translation errors, they shall submit a written request and pay the prescribed translation correction fee.

If the applicant corrects the translation in accordance with the requirements of the notice from the patent administration department of the State Council, they shall complete the procedures stipulated in the second paragraph of this article within the designated time limit; If the prescribed procedures are not completed upon expiration, the application shall be deemed withdrawn.

Article 114: For international applications seeking invention patent rights, if the patent administration department under the State Council, after preliminary examination, deems that they comply with the relevant provisions of the Patent Law and these Implementing Regulations, they shall be published in the Patent Gazette; If an international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.

If an international application for an invention patent is published in Chinese by the International Bureau, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; For international publications made by the International Bureau in languages other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of publication by the patent administration department under the State Council.

For international applications, the publication referred to in Articles 21 and 22 of the Patent Law refers to the publication specified in the first paragraph of this Article.

Article 115: If an international application contains two or more inventions or utility models, the applicant may, from the date of entry, file a divisional application in accordance with the provisions of Article 42, paragraph 1 of these Implementing Regulations.

In the international phase, if the international search unit or international preliminary examination unit considers that the international application does not meet the requirement of unity as stipulated in the Patent Cooperation Treaty, and the applicant fails to pay the additional fee as required, resulting in certain parts of the international application not undergoing international search or international preliminary examination, when entering the Chinese national phase, the applicant requests that the said parts be used as the basis for examination. If the patent administration department of the State Council considers that the international search unit or international preliminary examination unit has correctly judged the unity of the invention, it shall notify the applicant to pay the unity restoration fee within a specified period of time. If the payment is not made or fully paid upon expiration, the portion of the international application that has not been searched or has not undergone international preliminary examination shall be deemed withdrawn.

Article 116: If an international application is refused an international filing date or declared withdrawn by a relevant international authority in the international phase, the applicant may, within 2 months from the date of receipt of the notification, request the International Bureau to transfer a copy of any document in the international application file to the patent administration department under the State Council, and within this period, complete the procedures prescribed in Article 103 of these Implementing Regulations with the patent administration department under the State Council. The patent administration department under the State Council shall, upon receiving the document transmitted by the International Bureau, review whether the decision made by the international authority is correct.

Article 117: If the scope of protection determined in accordance with Article 59 of the Patent Law for a patent right granted based on an international application exceeds the scope expressed in the original text of the international application due to translation errors, the limited scope of protection based on the original text shall prevail; If the scope of protection is smaller than the scope expressed in the original text of the international application, the scope of protection at the time of authorization shall prevail.

Chapter 11 Supplementary Provisions

Article 118: With the consent of the patent administration department under the State Council, anyone may consult or copy the case files and patent registration books of patent applications that have been published or announced, and may request the patent administration department under the State Council to issue a copy of the patent registration book.

The case files of patent applications that have been deemed withdrawn, rejected, or voluntarily withdrawn shall not be preserved after 2 years from the date of expiration of the patent application.

The case files of patent rights that have been abandoned, declared completely invalid, or terminated shall not be preserved after 3 years from the date of expiration of the patent rights.

Article 119: When submitting application documents or handling various procedures to the patent administration department under the State Council, the applicant, patentee, other interested parties, or their representatives shall sign or affix their seals; If a patent agency is entrusted, it shall be stamped by the patent agency.

If a request is made to change the name of the inventor, the name or title, nationality and address of the patent applicant and patentee, the name and address of the patent agency, and the name of the agent, the procedures for changing the recorded items shall be handled with the patent administrative department of the State Council, and proof materials of the reasons for the change shall be attached.

Article 120: When mailing documents related to applications or patent rights to the patent administrative department under the State Council, registered letters shall be used and parcels shall not be used.

Except for the initial submission of patent application documents, when submitting various documents or handling various procedures to the patent administrative department of the State Council, the application number or patent number, the name of the invention or creation, and the name or title of the applicant or patentee shall be indicated.

A letter should only include documents related to the same application.

Article 121: All types of application documents shall be typed or printed, with black handwriting, neat and clear, and shall not be altered. The attached drawings should be drawn using drawing tools and black ink, and the lines should be uniform and clear, and should not be altered.

The request, specification, claims, drawings, and abstract shall be numbered sequentially in Arabic numerals.

The text part of the application document should be written horizontally. Paper is limited to single-sided use.

Article 122: The patent administration department under the State Council shall formulate guidelines for patent examination in accordance with the Patent Law and these Implementing Regulations.

Article 123: These detailed rules shall come into effect on July 1, 2001. The Implementing Regulations of the Patent Law of the People's Republic of China, approved for revision by the State Council on December 12, 1992 and issued by the Chinese Patent Office on December 21, 1992, are simultaneously abolished.