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Transitional Regulations on Implementation of the Revised Implementing Regulations of the Patent Law (No. 54)


No. 54

The Transitional Regulations on Implementation of the Revised Implementing Regulations of the Patent Law, adopted at the Principal’s Meeting of the SIPO, is hereby promulgated and shall enter into force as of February 1, 2010.

                                                                                                             Tian Lipu
                                                                  Commissioner of the State Intellectual Property Office
                                                                                                            January 21, 2010

Article 1. These Transitional Regulations are enacted in accordance with Article 84 of the Legislation Law in order to ensure the implementation of The Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People’s Republic of China promulgated on January 9, 2010.

Article 2. The unrevised Implementing Regulations of the Patent Law shall be applied to patent applications filed before February 1, 2010 (not including February 1, 2010) and patent rights granted based on such patent applications; the revised Implementing Regulations of the Patent Law shall be applied to patent applications filed after February 1, 2010 (including February 1, 2010, the same applies hereinafter) and patent rights granted based on such patent applications; but the special provisions in the following articles concerning patent applications filed before February 1, 2010 and patent rights granted based on such patent applications are exceptional.

Article 3. Where an invalidation request is filed after February 1, 2010 on the ground of non-compliance with Article 23.3 of the Patent Law, Rule 66.3 of the revised Implementing Regulations of the Patent Law shall be applicable to the examination of such an invalidation request.

Article 4. Where an invalidation request is filed after February 1, 2010, Rule 72.2 of the revised Implementing Regulations of the Patent Law shall be applicable to the examination of such an invalidation request.

Article 5. Where an applicant for an international patent application goes through the formalities for entering the Chinese national phase after February 1, 2010, Chapter X of the revised Implementing Regulations of the Patent Law shall be applicable to such an international application.

Article 6. Where a request for suspension of relevant procedures is filed with the SIPO after February 1, 2010, Rule 93 and Rule 99 of the revised Implementing Regulations of the Patent Law shall be applicable, and the fee for requesting suspension of the procedure shall no longer be paid.

Where a request for refunding the patent fees that are excessively, repeatedly or wrongly paid is filed after February 1, 2010, Rule 94.4 of the Implementing Regulations of the Patent Law shall be applicable.

Where the filing fee, the printing fee for publishing the application and the additional filing fee are paid after February 1, 2010, Rule 95 of the revised Implementing Regulations of the Patent Law shall be applicable.

Where the registration formality for the grant of a patent right is gone through after February 1, 2010, Rule 93 and Rule 97 of the revised Implementing Regulations of the Patent Law shall be applicable, and the maintenance fee for the application shall no longer be paid.

Article 7. These Transitional Regulations shall enter into force as of February 1, 2010.

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