PRC, Patent Law Implementing Rules (Revised)

Promulgated:June 15 2001
Effective: July 1 2001

Main contents: The amendments are intended to achieve consistency with the PRC, Patent Law (Revised), simplify and clarify the application and assignment procedures and narrow the differences between China's patent system and international practice in this regard. In consistency with the amended Patent Law, the revocation procedures are deleted and the amounts of reward and compensation to inventors or designers of service invention-creations are increased (Part Six). As measures of simplification and clarification, electronic submission of applications is permitted (Articles 3 and 16) and the government departments in charge of patent assignment to foreigners are specified (Article 14). In consistency with certain international treaties and conventions, the amended Rules narrow the definition of invention-creations in violation of State law to exclude those inventioncreations that violate State law only if they are carried out (Article 9). Also, a new part is added to deal with international patent applications (Part Ten). Other amendments include a new rule on the right to formulate the guide for examination of patent application and changes in relation to patent registration and gazetting (Part Eight).
Related legislation: PRC, Patent Law (2^nd Revision), Aug 25 2000, CLP 2000 No.8 p7 & CLP 1992 N0.9 p42
Repealed legislation: Patent Office of the People's Republic of China, Patent Law Implementing Rules, Dec 21 1992
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