The Provisions on Patent Electronic Application
Come into effect as of October 1, 2010.
Article 1 The present Provisions are hereby formulated in accordance with Article 2 and
paragraph 2, Article 15 of the Implementing Regulations of the Patent Law of the People’s
Republic of China (hereinafter the Implementing Regulations of the Patent Law), for the
purpose of regulating the relevant procedures and requirements for patent applications put
forward in electronic document form through the Internet (hereinafter the patent electronic
application), making it convenient for applicants to submit patent applications, improving the
efficiency of examining and approving patents and promoting Electronic government
construction.
Article 2 Anyone who wishes to make patent electronic applications shall sign the User
Registration Agreement of Patent Electronic Application System （hereinafter the User
Agreement） with the State Intellectual Property Office beforehand.
A patent agency that opens agency business for patent electronic application shall sign
the User Agreement with the State Intellectual Property Office in the name of the patent
agency.
Where an applicant who appoints a patent agency that has signed the User Agreement
with the State Intellectual Property Office to handle patent electronic application business,
shall be exempted from signing an additional User Agreement with the State Intellectual
Property Office.
Article 3 Where there are two or more applicants without appointing a patent agency, the
applicant submitting the electronic application shall be the representative.
Article 4 Patent Applications of inventions， utility models and industrial designs may
all be filed in electronic document form.
The patent application which enters the Chinese national phase in accordance with the
provisions of paragraph 2, Article 101 of the Implementing Regulations of the Patent Law
may be filed in electronic document form.
For international patent applications being filed to the State Intellectual Property Office in
accordance with the provisions of paragraph 1, Article 101 of the Implementing Regulations
of the Patent Law, the present Provisions shall not apply.
Article 5 Where a patent application relates to the security or other vital interests of the
State and is required to be kept secret, shall be submitted in paper form.
After an applicant submits a patent application in electronic document form, if the State
Intellectual Property Office finds the patent application required to be kept secret, shall
convert the patent application into paper document form to continue examining, and notify the
applicant. The applicant shall submit various documents in paper form in the following
procedure.
Where an applicant files an application for patent directly in a foreign country or an
international patent application with a relevant foreign organization in accordance with item
(1) of paragraph 2, Article 8 of the Implementing Regulations of the Patent Law, shall submit
the Request for Confidentiality Examination and Technical Solution to the State Intellectual
Property Office in paper form.
Article 6 Where an applicant submits a patent electronic application and relevant
documents， he/it shall abide by the file formats， data standards， operational procedures，
and ways of transmission as prescribed. The patent electronic application and relevant
documents which are not received normally by the patent electronic application system of the
State Intellectual Property Office， shall be deemed as not being submitted.
Article 7 Where an applicant goes through various formalities of patent electronic
application, he/it shall submit the relevant documents in electronic document form. Except as
otherwise prescribed, the State Intellectual Property Office shall not accept the relevant
documents in paper form submitted by applicant. And the relevant documents shall be
deemed as not having been submitted in case it does not comply with the provisions of this
paragraph.
Where an applicant files a patent application in paper form which is then accepted, he/it
may request to transfer the paper application into patent electronic application, unless the
patent application relates to the security or other vital interests of the State and is required to
be kept secret.
Where an applicant need transfer a patent electronic application into paper documents in
a special case, he/it shall request and may transfer into the paper application after being
examined and approved by the State Intellectual Property Office and going through relevant
formalities.
Article 8 Where an applicant goes through various formalities of patent electronic
application, for the relevant documents which shall be submitted in original form ruled by the
Patent Law, its Implementing Regulations or the Guidelines for Patent Examination, he/it may
submit electronic scanning documents of the originals. The State Intellectual Property Office
may, when necessary, require the applicant to submit the originals within the specified time
limit.
Where an applicant submits relevant certifying documents for a reduction or
postponement of the payment ruled by the Implementing Regulations of the Patent Law when
making a patent electronic application, He/it should submit the electronic scanning documents
of the originals of the certifying documents when making patent applications. The relevant
certifying documents shall be deemed not being submitted in case the electronic scanning
documents are not submitted.
Article 9 Various documents are submitted to the State Intellectual Property Office in
electronic document form, the date on which the patent electronic application system of the
State Intellectual Property Office receives the electronic documents is the submission date.
Where for the patent electronic applications, various notices, decisions or other
documents are sent by the State Intellectual Property Office to applicants in electronic
document form, the 16th day from the date of mailing shall be presumed to be the date on
which the applicants receive the documents.
Article 10 All the provisions concerning patent application and relevant documents of the
Patent Law, its Implementing Regulations and the Guidelines for Patent Examination except
those especially regulating patent application and relevant documents submitted in paper form,
apply to patent electronic application.
Article 11 The power to interpret the present provisions shall remain with the State
Intellectual Property Office.
Article 12 The present provisions shall enter into force on October 1, 2010. The
Provisions on Electronic Patent Application promulgated by the Ordinance of the State
Intellectual Property Office No.35 shall be repealed at the same time.