Notice Concerning the Enforcement of the Amended Patent Law

The State Intellectual Property Office issued a notice concerning the Enforcement of the Amended Patent Law on the 29th of September 2009 in order to clarify the submission of patent applications and rules governing patent issues. When an applicant applies for both a patent of utility model and a patent of invention on the same day and in respect of the same invention, the statements must be filed separately to indicate that both patents in respect of the same invention have been submitted. Organizations or individuals who apply for a patent in a foreign country in respect of an invention or utility model created in China must apply in advance for a confidentiality assessment to be conducted by the SIPO and complete the required request form. An invention that is created based on genetic resources must complete the Source Disclosure Registration Form when applying for a patent in respect to the invention in order to explain the direct and original sources of its genetic resources. Where the applicant is unable to explain the original source, reasons must be given. New patent applications related to the above events as well as all request and registration forms filed after the application date must be delivered by the applicants in person or by post to the Patent Office under the SIPO. An applicant applying for a design must submit a description of the proposed design in writing, referencing the ˇ°Brief Description Designˇ± (October 2009 version) or else the application will be rejected. Evaluation reports on patents of utility models and design will be conducted by the SIPO on any whose date of application is after 1 October 2009.

Morgan Crank
Lehman, Lee & Xu

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