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Notice Of The Matters Relating To Implementation Of The Revised Patent Law

In order to implement the revised Patent Law, the matters relating to the patent application filed on and after October 1, 2009 and other patent affairs is hereby notified as follows:

1. Where the same patent applicant files an application for both a utility model patent and an invention patent for the same invention-creation on the same day, the patent applicant shall, at the time of the application, fill out the Statement for Application of Both a Utility Model Patent and an Invention Patent on the Same Day as formulated by the State Intellectual Property Office of China to state that another patent has been applied for the same invention-creation.

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 State Intellectual Property Office to conduct confidentiality examination and fill out the Request for Confidentiality Examination for Filing a Patent Application in a Foreign Country as formulated by the State Intellectual Property Office.

3. Where an applicant files an application for a patent for the invention-creation completed depending on the genetic resource, the applicant 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 cause shall be given.

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

5. The State Intellectual Property Office makes only patent assessment reports for utility model patent or design patent of which the date of filing is on and after October 1, 2009 (meaning the priority date where priority is claimed), and makes only search reports of utility model for utility model patent of which the date of filing is before October 1, 2009 (meaning the priority date where priority is claimed).

6. For any new application involving the contents of the aforesaid 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 Agent of the State Intellectual Property Office in papers, and the electronic application systems of the various patent agencies and the State Intellectual Property Office are temporarily unavailable for receiving the foregoing applications and patent documents.

The State Intellectual Property Office

September 29, 2009

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