To ensure the successful implementation of the new Patent Law, the SIPO issued A Notice for Relevant Issues on the Implementation of the Revised Patent Law (Notice) on September 29. With regard to the relevant issues on submitting patent applications on or after October 1, 2009 and dealing with affairs relating to the patents, the Notice specifies as follows:

 

1. With regard to the same invention, if an applicant applies not only for a utility model patent but also an invention patent on the same day. He/She should fill in the Statement on Applying for Invention Patents and Utility Model Patents on the Same Day formulated by the SIPO establishing that he/she has applied for another patent on the same invention.

 

2. Regarding inventions or utility models completed in China, any organization or individual that applies for a patent in foreign countries should fill in the Application on Confidential Reviews for Applying for Patents in Foreign Countries formulated by the SIPO. The SIPO should conduct all confidential reviews ahead of time.

 

3. With regard to completed inventions that depend on genetic resources, when applying for a patent, an applicant should fill in the Registration Form for Disclosure of the Source of Genetic Resources formulated by the SIPO. He/She should introduce the direct source and primary source of genetic resources. If he /she cannot provide information on these sources, he/she should set forth reasons for this in writing.

 

4. An applicant applying for a design patent should submit a brief description of the design, otherwise the SIPO will not accept the application. Regarding the written version for the brief description of the design, applicants should refer to the instructions for the Brief Description of Design for Patent Applications (October 2009 Version).

 

5. Regarding utility model patents or design patents, the SIPO will provide an appraisal report on patent rights only if the date of the application (it is the date of priority if the patent is of priority) is on or after October 1, 2009. Regarding utility model patents, the SIPO will only provide a searching report if the date of application (it is the date of priority if the patent is of priority) is before October 1, 2009.

 

6. With regard to the Application for Appraisal Reports on Patent Rights, the Application on Confidential Reviews for Applying for Patents in Foreign Countries and Registration Forms for Disclosure of the Source of Genetic Resources mentioned above, an applicant should directly forward or mail written materials to the Patent Acceptance Department of SIPO. The SIPO will not accept applications through e-mail or through its Receiving Offices established in each province or municipality.

 

(Source: The State Intellectual Property Office)