Notice Concerning The Enforcement Of The Amended Patent Law

Issued By: State Intellectual Property Office
Issue Date: 29 September 2009
Effective Date: 29 September 2009

For the purpose of effectively enforcing the amended Patent Law, the SIPO published the Notice concerning the Enforcement of the Amended Patent Law on 29 September to clarify submission of patent applications and the rules governing other patent issues.

Applications for Patent of Utility Model and Invention

Where the same applicant, on the same day, applies for both a patent of utility model and a patent of invention in respect of the same invention, Statements shall be filled separately to specify that an application for another patent in respect of the same invention has also been submitted. Any organization or individual who intends to apply for a patent in a foreign country in respect of an invention or utility model created in China shall in advance apply for a confidentiality assessment to be conducted by the SIPO and complete the required request form. Any applicant who applies for a patent in respect of an invention which is created based on genetic resources shall complete the Source Disclosure Registration Form to explain the direct and original sources of such genetic resources, and where the applicant is unable to explain the original source, reasons must be given.

New patent applications made in the above events as well as request forms and registration forms filed after the application date shall be delivered by the applicants in person or by post to the application counters at the Patent Office under the SIPO.

Applications for Designs

An applicants who applies for a design shall submit a brief description of the proposed design in writing with reference to the "Brief Description of Design" (October 2009 Version), or else the application shall be rejected. The SIPO will make patent evaluation reports on patents of utility models and designs whose date of application is after 1 October 2009.

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