China
BIZCHINA / Intellectual property
Implementing Regulations of the Patent Law of the People's Republic of
China
Updated: 2006-04-17 14:40
Article 23 Any dependent claim of an invention or utility model shall
contain a reference portion and a characterizing portion, and be
presented in the following manner:
(l) a reference portion: indicating the serial number(s) of the claim(s)
referred to, and the title of the subject matter;
(2) a characterizing portion: stating the additional technical features
of the invention or utility model.
Any dependent claim shall only refer to the preceding claim or claims.
Any multiple dependent claims, which refers to two or more claims, shall
refer to the preceding one in the alternative only, and shall not serve
as a basis for any other multiple dependent claims.
Article 24 The abstract shall consist of a summary of the disclosure as
contained in the application for patent for invention or utility model.
The summary shall indicate the title of the invention or utility model,
and the technical field to which the invention or utility model pertains,
and shall be drafted in a way which allows the clear understanding of the
technical problem, the gist of the technical solution of that problem,
and the principal use or uses of the invention or utility model.
The abstract may contain the chemical formula which best characterizes
the invention. In an application for a patent which contains drawings,
the applicant shall provide a figure which best characterizes the
technical features of the invention or utility model. The scale and the
distinctness of the figure shall be as such that a reproduction with a
linear reduction in size to 4cm x 6cm would still enable all details to
be clearly distinguished. The whole text of the abstract shall contain
not more than 300 words. There shall be no commercial advertising in the
abstract.
Article 25 Where an invention for which a patent is applied for concerns
a new biological material which is not available to the public and which
cannot be described in the application in such a manner as to enable the
invention to be carried out by a person skilled in the art, the applicant
shall, in addition to the other requirements provided for in the Patent
Law and these Implementing Regulations, go through the following
formalities:
(1) depositing a sample of the biological material with a depositary
institution designated by the Patent Administration Department under the
State Council before, or at the latest, on the date of filing (or the
priority date where priority is claimed), and submit at the time of
filing or at the latest, within four months from the filing date, a
receipt of deposit and the viability proof from the depository
institution; where they are not submitted within the specified time
limit, the sample of the biological material shall be deemed not to have
been deposited;
(2) giving in the application document relevant information of the
characteristics of the biological material;
(3) indicating, where the application relates to the deposit of the
biological material, in the request and the description the scientific
name (with its Latin name) and the title and address of the depositary
institution, the date on which the sample of the biological material was
deposited and the accession number of the deposit; where, at the time of
filing, they are not indicated, they shall be supplied within four months
from the date of filing; where after the expiration of the time limit
they are not supplied, the sample of the biological material shall be
deemed not to have been deposited.
Article 26 Where the applicant for a patent for invention has deposited a
sample of the biological material in accordance with the provisions of
Rule 25 of these Implementing Regulations, and after the application for
patent for invention is published, any entity or individual that intends
to make use of the biological material to which the application relates,
for the purpose of experiment, shall make a request to the Patent
Administration Department under the State Council, containing the
following items:
(1) the name and address of the requesting person;
(2) an undertaking not to make the biological material available to any
other person;
(3) an undertaking to use the biological material for experimental
purpose only before the grant of the patent right.
Article 27 The size of drawings or photographs of a design submitted in
accordance with the provisions of Article 27 of the Patent Law shall not
be smaller than 3cm x 8cm, nor larger than l5cm x 22cm.
Where an application for a patent for design seeking concurrent
protection of colors is filed, a drawing or photograph in color shall be
submitted in two copies.
The applicant shall, in respect of the subject matter of the product
incorporating the design which is in need of protection, submit the
relevant views and stereoscopic drawings or photographs, so as to clearly
show the subject matter for which protection is sought.
Article 28 Where an application for a patent for design is filed, a brief
explanation of the design shall, when necessary, be made.
The brief explanation of the design shall include the essential portion
of the design, the colors for which protection is sought and the omission
of the view of the product incorporating the design. The brief
explanation shall not contain any commercial advertising and shall not be
used to indicate the function of the product.
Article 29 Where the Patent Administration Department under the State
Council deems necessary, it may require the applicant for a patent for
design to submit a sample or model of the product incorporating the
design. The volume of the sample or model submitted shall not exceed 30cm
x 30cm x 30cm, and its weight shall not surpass l5 kilograms. Articles
that are easy to get rotten or broken or articles that are dangerous
shall not be submitted as sample or model.
Article 30 The existing technology referred to in Article 22, paragraph
three of the Patent Law means any technology which has been publicly
disclosed in publications in the country or abroad, or has been publicly
used or made known to the public by any other means in the country,
before the date of filing (or the priority date where priority is
claimed), that is, prior art.
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