Legislative Implementation of Flexibilities - China

Title:	Articles 34-36 of the Patent Law of 27/12/2008
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

Article 34

Where, after receiving an application for a patent for invention, the patent administrative department under the State Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, the patent administrative department under the State Council may publish the application earlier.

Article 35

Upon the applicant's request for an invention patent made at any time within three years from the filing date of an application, the patent administrative department under the State Council may carry out substantive examination of that application. If, without any justified reason, the applicant fails to meet the time limit for requesting such substantive examination, the application shall be deemed to have been withdrawn.

The Patent administrative department under the State Council may of its own accord carry out substantive examination of an application for an invention patent when it deems it necessary.

Article 36

When requesting substantive examination of an invention patent application, the applicant shall furnish reference materials concerning the invention that were available prior to the filing date of the application.

For an patent application for an invention that has been already filed in a foreign country, the patent administrative department under the State Council may ask the app1icant to furnish within a specified time limit documents concerning any search made for the purpose of examining that application, or concerning the results of any examination made, in that country. If, at the expiration of the specified time limit, without any justified reason, the said documents are not furnished, the application sha1l be deemed to have been withdrawn.