Notice Relating to Implementation of the Amended Patent Law 2009

The State Intellectual Property Office
September 29, 2009

In order to implement the amended Patent Law, the matters relating to the patent applications filed on and after October 1, 2009 and others is hereby notified as follows:

Article 1. Where the same applicant files an application for both a utility model patent and an invention patent for the same invention on the same day, the applicant shall, at the time of filing the application, fill out the Statement for Application of Both a Utility Model Patent and an Invention Patent on the Same Day as required by the SIPO to state that another patent has been applied for the same invention.

Article 2. Where any entity or individual intends to file an application in a foreign country for a patent for invention or utility model made in China, it or he shall first ask the SIPO to conduct confidentiality examination and fill out the Request for Confidentiality Examination for Filing a Patent Application in a Foreign Country as required by the SIPO

Article 3. Where an applicant files a patent application for an invention completed depending on the genetic resource, the application shall fill out the Registration Form for Disclosure of Sources of Genetic Resources to state the direct source and original source of the genetic resource. Where the original source thereof cannot be made clear, the grounds shall be provided.

Article 4. Where an applicant files an application for design, the application shall submit a brief description of such design otherwise, the applcation will not be accepted; in making the brief description of a design, the Precautions for Brief Description of Designs released on October, 2009 may be taken as reference.

Article 5. The SIPO will only make patent assessment reports for utillity model patent or design patent of which the date of filing are on and after October 1, 2009 (meaning the priority date where priority is claimed), and will only make search reports for utility model patents of which the date of filing are before October 1, 2009 (meaning the priority date where priority is claimed).

Article 6. For any new application involving what are provided above in Articles 1, 2 and 3 and the Request for Patent Assessment Report, the Request for Confidentiality Examination for Filing a Patent Application in a Foreign Country and the Registration form for Disclosure of Sources of Genetic Resources, the applicant shall deliver or send the said directly to the Patent Service Division of the SIPO in papers, and the electronic application systems of the various patent service divisions and that under the SIPO are temporarily unavailable for receiving the foregoing applications and patent documents.