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TABLE OF CONTENTS CHAPTER I SCOPE CHAPTER II TERMINOLOGY AND DEFINITION 2.1 Patent Application 2.2 Patent Application Number 2.3 Parity Bit CHPATER III FORMULATION PRINCIPLES 3.1 Principle Of Uniqueness 3.2 Principle Of Being Scientific CHPATER IV CODING RULES FOR PATENT APPLICATION NUMBER 4.1 Formation Of Patent Application Number 4.2 Application Year Designation 4.3 Application Category Number 4.4 Application Serial Number 4.5 Graphic Of The Coding Rules For Patent Application Number (Omitted) CHAPTER V RULES FOR THE USE OF PATENT APPLICATION NUMBER 5.1 Combined Use Of Patent Application Number And Parity Bit 5.2 Combined Use Of Patent Application Number And China's Country Code CN 5.3 Handwriting And Printing Format Of Patent Application Number CHPATER VI ADMINISTRATION OF THE STANDARD FOR PATENT APPLICATION NUMBER CHAPTER VII PROMULGATION OF THE STANDARD CHPATER VIII EXECUTION OF THE STANDARD 8.1 Implementation Of The Standard 8.2 Supervision Of The Standard 8.3 Improvement Of The Standard Standard for Patent Application Number, with ZC 0006-2003 as its code, is one of the intellectual property industrial standards in the People's Republic of China. This standard shall be proposed and placed under the unified administration by the State Intellectual Property Office. This standard shall be subject to the approval by the Standardization Committee of the State Intellectual Property Office. The drafting entity of this Standard: the Working Committee on Formulating the Standard for Patent Application Number under the State Intellectual Property Office of the People's Republic of China. Major drafters of this Standard: Tian Lipu, He Hua, Huang Qing, Bu Fang, Ning Long, Wang Qiang, Zhu Renxiu, Di Wei, He Yuefeng, Yan Xiaowei, Wang Zhansan, Wu Dazhang, Tang Caixiang, Xu Minhua, Shi Ping, Fang Ke, Leng Ge and Yan Yonggang. INTRODUCTION With a view to improving the system of China's intellectual property industrial standards, the State Intellectual Property Office of the People's Republic of China (hereinafter referred to State Intellectual Property Office) has hereby formulated this Standard, in accordance with the Standardization Law of the People's Republic of China and the Patent Law of the People's Republic of China, and by referring to the Recommendation for the Numbering of Applications for Patents, SPCs, Industrial Designs and Layout-Designs of Integrated Circuit (Standard ST.13) by the World Intellectual Property Organization. In order to meet the needs of rapid increase in the number of patent applications and further improve the quality of public services, this Standard has modified the coding rules for patent application number implemented from April 1st, 1985. STANDARD FOR PATENT APPLICATION NUMBER CHAPTER I SCOPE This Standard has provided for the coding rules for patent application number. This Standard is applicable to any organization or person that is, in any place or by any means, using the Chinese patent application number for various purposes, especially the purpose of legal procedure or publication. CHAPTER II TERMINOLOGY AND DEFINITION The following terms and definitions are applied in this Standard. Unless otherwise prescribed by the state laws, State Intellectual Property Office shall have the final power to interpret the terms and definitions adopted in this Standard. 2.1 Patent Application The patent applications mentioned in this Standard include applications for patents for inventions, utility models and design patents. 2.2 Patent Application Number The patent application number refers to the identification code given by State Intellectual Property Office when accepting a patent application. 2.3 Parity Bit The parity bit refers to a digit (from 0 to 9) resulted from the calculation by taking as source data the digital combination used in the patent application number or the capitalized English letter X. CHPATER III FORMULATION PRINCIPLES 3.1 Principle Of Uniqueness With a view to drawing a distinction between one patent application and any other ones during the acceptance, review or other legal procedures in relation to patent, the coding rules for patent application number set in this Standard have embodied the principle of uniqueness. There are two meanings implied in the principle of uniqueness. One is that State Intellectual Property Office gives only one number to a patent application during its review and other relevant legal procedures as well as the duration of the patent right out of this application. This patent application number will not change with the content modification of the patent application documents, the variation of the legal environment concerning patent application or the change of the inventor / designer, patent applicant or patent assignee. Nor will the patent application number change with the division of the application; if an application for division is filed in accordance with a patent application (parent application), the former will have a new patent application number while the parent application still keeps the initial one. The other is that a patent application number shall be given to only one patent application; no other patent applications shall use this number, even after the extinction of the patent application or the patent rights obtained thereout. 3.2 Principle Of Being Scientific Since the legal protection and technical information functions of the patent system have a social nature and can last for a long time, the patent application number is required to be unique and in favor of informatized administration, and bear the features of being easily understood, memorized and used. Scientific coding rules have been adopted in the formulation of this Standard to include in the patent application number the year designation for acceptance of the application, the category number indicating the category the patent application falls into, and the serial number indicating the relative sequence of the patent application. CHPATER IV CODING RULES FOR PATENT APPLICATION NUMBER 4.1 Formation Of Patent Application Number The patent application number expresses itself in 12 digits, which are made up of three parts: application year designation, application category number and application serial number. From left to right, the first four digits of the patent application number indicate the year designation of the acceptance of the application, the fifth digit indicates the category of the patent application, and the 7 digits from the sixth to the twelfth are the serial number indicating the relative sequence of the acceptance of the patent application. The decimal system shall be applied to each of the digits of the patent application number. 4.2 Application Year Designation The Gregorian Calendar shall be applied to the year designation of the patent application number. For example, 2004 indicates that the year of acceptance of the patent application is the year 2004 according to the Gregorian Calendar. 4.3 Application Category Number Category number in the patent application number is indicated by one digit, the meaning of which is defined as follows: 1 for applications for patents for inventions; 2 for utility model applications; 3 for applications for design patents; 8 for PCT applications for patents for inventions that have entered the national phase of China; and 9 for PCT applications for utility models that have entered the national phase of China. If other digits not included in the above application category number are used, their meanings as the category number shall be prescribed separately by State Intellectual Property Office. 4.4 Application Serial Number Application serial number of patent applications shall be indicated by a set of seven digits and sorted in ascending order as a common practice, e.g. in consecutive order starting from 0000001 until 9999999. Application serial numbers of patent applications of each natural year shall be subject to renewed arrangement. That is, from January 1st of each year, the newly distributed patent application numbers shall be subject to renewed arrangement starting from 0000001 instead of following those of the year before. 4.5 Graphic Of The Coding Rules For Patent Application Number (Omitted) CHAPTER V RULES FOR THE USE OF PATENT APPLICATION NUMBER 5.1 Combined Use Of Patent Application Number And Parity Bit State Intellectual Property Office shall give patent application number and parity bit when accepting the patent application. Parity bit shall follow the patent application number, with a subscript single-byte filled dot used as the delimiter in between. Except otherwise prescribed by the laws, regulations and administrative rules, there shall be combined use of patent application number and parity bit (including the delimiter in between) in the legal procedures provided for by the patent law and the implementation rules thereof as well as other relevant laws and regulations. 5.2 Combined Use Of Patent Application Number And China's Country Code CN There may be combined use of China's country code CN and the patent application number to indicate the acceptance of this patent application by State intellectual property office. The code CN should precede the patent application number, and there may be a single-byte space between CN and the patent application number. 5.3 Handwriting And Printing Format Of Patent Application Number Except for writing and printing in a continued sequence of all digits of the patent application number prescribed by the laws, regulations and administrative rules, there may be a single-byte space between year designation and category number, or between category number and serial number in the patent application number. Digits indicating year designation or serial number shall not be separated by space, and there shall be no space between serial number and delimiter, or between delimiter and parity bit. There shall be no characters, digits, symbols or spaces preceding or following the patent application number (including the case of combined use with parity bit) as its component part other than those prescribed in 5.1, 5.2 and Paragraph 1 of 5.3. CHPATER VI ADMINISTRATION OF THE STANDARD FOR PATENT APPLICATION NUMBER The administrator of the Standard designated by State Intellectual Property Office shall, in accordance with the articles of this Standard, exercise administration over the Standard for Patent Application Number, and be responsible for creating a sound environment for the Standard. The administrator of this Standard shall bear the following responsibilities: (1) Ensure the uniqueness of the patent application number in use; (2) Take charge of the administration and maintenance of patent application numbers; (3) Interpret the normative terms and definitions of this Standard and; (4) Raise the proposals for improvement. CHAPTER VII PROMULGATION OF THE STANDARD This standard shall be promulgated on July 14, 2003. CHPATER VIII EXECUTION OF THE STANDARD 8.1 Implementation Of The Standard This standard shall come into force as of October 1, 2003. 8.2 Supervision Of The Standard The Standardization Committee of the State Intellectual Property Office will be responsible for overseeing the implementation of the Standard. 8.3 Improvement Of The Standard The Standardization Committee of the State Intellectual Property Office will assess and examine the proposals for improvement put forward by the administrators of this Standard, and may formulate new standard in place of this one if necessary. |
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