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Legislative Implementation of Flexibilities - China

Title:Articles 26 and 36 of the Patent Law of 27/12/2008
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 26

Where a patent application for invention or utility model is filed, a request, a specification and its abstract, and claims shall be submitted.

The written request shall state the title of the invention or utility model, the name of the inventor, the name and address of the applicant and other related matters.

The specification shall describe the invention or utility model in a manner sufficiently clear and complete so that a person skilled in the relevant field of technology can accurately produce it; where necessary, drawings shall be appended.

The abstract shall describe briefly the technical essentials of the invention or utility model.

The patent claim shall, on the basis of the specification, clearly and briefly specify the scope of the patent protection claimed.

An applicant who files a patent application for an invention-creation completed on the basis of genetic resources shall in the patent application document indicate the direct and indirect source of the genetic resources; the applicant unable to indicate the original source of the genetic resource must provide an explanation.

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limit, without any justified reason, the said documents are not furnished, the application sha1l be deemed to have been withdrawn.

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