Notice about Related Matters for Implementing the Revised Patent Law

The State Intellectual Property Office just issued on September 29, 2009 the Notice about Related Matters for Implementing the Revised Patent Law. In this notice, SIPO further clarifies the related matters for filing patent applications and handling other patent matters.

1. If the same applicant files on the same day both a utility model application and an invention application for the same invention, it or he shall fill out the form “Statement of Filing Patent Applications for Invention and Utility Model on the Same Day” prescribed by SIPO and state that it or he has filed another patent application for the same invention.

2.   Any entity or individual intending to file a patent application abroad for the invention or utility model completed in China shall request in advance a secrecy examination by SIPO and fill out the form “Request for Secrecy Examination for filing Patent Application Abroad” prescribed by SIPO.

3.   If an applicant files an application for the invention completed depending on genetic resources, the applicant shall fill out the form “Registration of Disclosure of Genetic Resource” prescribed by SIPO and indicate the direct source and original source of said genetic resource, and if the applicant is unable to indicate the original source, it or he shall provide a reason.

4.    If a design application is filed, the applicant shall file a brief description of the design. If no brief description is filed, the application shall not be accepted. The brief description may be drafted by reference to “Brief Description of Designs” published October 2009.

5.   SIPO shall make a patent evaluation report for only the utility model or design patent having the filing date (if claiming a priority, the priority date) on or after October 1, 2009. For a utility model patent having the filing date (if claiming a priority, the priority date) before October 1, 2009, SIPO makes only a search report for the utility model.