In order to standardize and electronic documents via the Internet to form a patent application procedures and requirements, development of "electronic patent applications on the provision" is to be released. These provisions March 12, 2004 shall come into force.

Commissioner
February 12, 2004

The first purpose of regulating the Internet in electronic documents with the form of patent applications (hereinafter referred to as electronic patent application) the procedures and requirements of the Regulations under the Patent Law, and Article XVI, section II, the enactment of this provision.

The second proposed electronic patent application shall be signed in advance with the State Intellectual Property Office "electronic patent application system user registration agreement" (hereinafter referred to as the user agreement).
To provide e-business application for a patent agent patent agency, should be the name of the patent agency signed with the State Intellectual Property Office user agreement.

Commissioned by the applicant and the State Intellectual Property Office have signed a user agreement, patent agency business of electronic patent application, not the other signed with the State Intellectual Property Office of the user agreement.

Third invention, utility model and design patent applications can be used form of electronic documents.

Patent Law in accordance with the provisions of second paragraph of the Regulations 99th handle international patent applications entering the Chinese national phase, and can be used to implement electronic submission of patent documents under Rule Article 1.

Rules for the Implementation of the Patent Law in accordance with the provisions of paragraph 99th State Intellectual Property Office to apply for international patents, and do not apply to.

Article submitted by electronic patent applications and related documents, shall abide by the User Agreement required file formats, data standards, operating norms and transmission. Do not meet the above requirements of this section, leading to electronic patent application and related documents can not be normal to receive electronic patent application system, the electronic patent application was inadmissible, as not submitted the relevant documents.

Article applicant on paper patent application was accepted, in the patent application for the program should be submitted on paper documents. Unless otherwise specified, the State Intellectual Property Office does not accept applicants to submit the relevant documents in electronic form. Does not meet the provisions of this paragraph shall be deemed not submitted.

Applicant was receiving electronic patent application, in the patent application for the program should submit the relevant documents in electronic form. Unless otherwise specified, the State Intellectual Property Office does not accept the applicant submitted on paper documents. Does not meet the provisions of this paragraph shall be deemed not submitted.

Article applicant was admissible electronic patent applications on patent law and its implementing rules and review guidelines in the form required by the original relevant documents submitted by the applicant shall submit the original copy of the electronic scanning / image text, and provision or Original submitted within the specified period.

Article applicant electronic patent application to the State Intellectual Property Office received the Patent Law and Regulations under the patent application documents the date of filing. State Intellectual Property Office received within the prescribed period the applicant to pay the patent application fee, issue to the applicant receiving notice. The applicant submitted the Patent Law and Regulations under the patent application documents, but not paid within the prescribed time the patent application fee, the State Intellectual Property Bureau also issued a notice of acceptance issued as a notice of withdrawal.

Article VIII of the proposed electronic patent application, it shall pay the patent application fee through the Internet and other fees. Unless otherwise specified, the cost of electronic patent application shall be in accordance with the provisions of the existing fees to pay the amount.

Article IX of electronic patent application, the State Intellectual Property Office in electronic format to all notices issued to the applicants, decisions and other documents, the applicant shall be in accordance with the agreement of the way users access.

Article Patent Law and its implementing rules and review guidelines on patent applications and related documents to all the provisions, in addition to paper-specific form of patent applications and related documents of the provisions, apply to electronic patent application.

Article provided by the State Intellectual Property Office of the explanation.
 

July 30, 1990 the State Council and Central Military Commission for approval of the "National Defense Patents Ordinance" shall be repealed simultaneously.