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	DECISION OF THE STATE COUNCIL ON AMENDING THE DETAILED RULES FOR THE IMPLEMENTATION OF THE PATENT LAW OF THE PEOPLE'S REPUBLIC OF CHINA

	(Order of the State Council (No.368), December 28, 2002: The Decision of the State Council on Amending the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China is hereby promulgated and shall come into force as of February 1, 2003.)


SUBJECT : PATENT RIGHT; AMENDMENTS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/28/2002
IMPLEMENT DATE : 02/01/2003
LENGTH : 514 words
TEXT :

The State Council hereby decides to make the following amendments to the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China as promulgated on June 15, 2001:

I. Article 101 shall be amended as: "An applicant filing an international application shall, within 30 months as of the priority date as mentioned in Article 2 of the Patent Cooperation Treaty (which is referred to as "priority date" in this Chapter), apply for going through the following formalities for the international application to enter the National Phase in China to the administrative department for patent under the State Council:

(1) submitting a written declaration on the international application to enter the National Phase in China, in which the international application number shall be indicated and the type of patent right which is required to be obtained, the name of the invention and innovation, the name of the applicant, the address of the applicant and the name of the inventor shall be indicated in Chinese; the above-mentioned contents shall be consistent with the records in the International Bureau;

(2) paying the application fee, additional fee for application and publication and printing fee as prescribed in Paragraph 1 of Article 90 of these Rules for the Implementation;

(3) submitting the Chinese translation of the words in the specifications, the patent claim, and the appended drawings and of the abstract of the original international application if the international application is filed in a language other than Chinese; or submitting a copy of the abstract in the international publication document if the international application is filed in Chinese; and

(4) submitting a copy of the appended drawing, if there is any, in the international application; and submitting copies of the drawings appended to the abstract in the international publication document if the international application is filed in Chinese.

Where an applicant fails to go through the formalities for the entry of the National Phase in China within the time limit as prescribed in the preceding Paragraph, he/it may, after paying the fee for extending the time limit, go through the formalities prior to the expiry of a corresponding period of 32 months commencing as of the priority date."

II. Article 108 shall be amended as: "Where an applicant requests, before the expiry of a period of 30 months as of the priority date, the administrative department for patent under the State Council to dispose and examine the international application in advance, he/it shall, in addition to going through the formalities for the entry of the National Phase in China, make the request in accordance with Paragraph 2 of Article 23 of the Patent Cooperation Treaty. Where the International Bureau has not transmitted the international application to the administrative department for patent under the State Council, the applicant shall submit a copy of the confirmed international application.'

This Decision shall come into force as of February 1, 2003.

The Detailed Rules for the Implementation of the Patent Law of the People's Republic of China shall be re-promulgated after it is revised according to this Decision.