專利審查指南2010

前言

Tne State intellectual Property Ottlce of the People' s Republic of China, as the patent administration department under the State Council, commissions the Patent Office of the State Intellectual Property Office（hereinafter the “Patent Office”） to accept, examine and grant patent for patent applications. The Patent Office makes decisions on behalf and in the name of the State Intellectual Property Office. The Patent Reexamination Board, set up by the State Intellectual Property Office, is responsible for examining requests for reexamina-tion and requests for invalidation and making decisions accordingly.In order to ensure objective, impartial, appropriate and timely handling of patent-re- lated applications and requests in compliance with the laws, as pursuant to Rule 122 of the Implementing Regulations of the Patent Law, the State Intellectual Property Office enacts these Guidelines for Patent Examination （hereinafter the “Guidelines”）.These Guidelines detail and supplement the provisions of the Patent Law and its Implementing Regulations, and thus serve as bases and standards for the Patent Office and Patent Reexamination Board to refer to and follow in enforcing the relevant laws and regulations. They are also regula-tions which the related parties shall abide by at each of the aforesaid stages.These Guidelines are made by revision of the previous version of 2006 in light of practice, in accordance with the Patent Law of the People' s Republic of China promulga- ted on December 27, 2008 and the Implementing Regulations of the Patent Law of the Peo- ple' s Republic of China promulgated on January 9, 2010, and are hereby promulgated as regulations of the State Intellectual Property Office.

內(nèi)容概要

本指南共分五個部分：第一部分（初步審查）、第二部分（實質(zhì)審查）、第三部分（進入國家階段的國際申請的審查）、第四部分（復審與無效請求的審查）和第五部分（專利申請及事務(wù)處理）。第一、二、四部分按專利申請的審批流程順序排列，第三部分為進入國家階段的國際申請審查的具體規(guī)定，第五部分為適用各程序的通用規(guī)則。

書籍目錄

Part  Ⅰ  Preliminary Examination　Chapter 1　Preliminary Examination of Patent Applications for Invention　Chapter 2　Preliminary Examination of Patent Applications for Utility Model　Chapter 3　Preliminary Examination of Patent Applications for Design　Chapter 4　Patent ClassificationPart  Ⅱ  Substantive Examination　Chapter 1　Inventions-Creations for Which No Patent Right shall be Granted　Chapter 2　Description and Claims　Chapter 3　Novelty　Chapter 4　Inventive Step　Chapter 5　Practical Applicability　Chapter 6　Unity of Invention and Divisional Applications　Chapter 7　Search　Chapter 8　Procedure for Substantive Examination　Chapter 9　Some Provisions on Examination of Invention Applications Relating to Computer Programs　Chapter 10　Some Provisions on Examination of Invention Applications in the Field of ChemistryPart  Ⅲ  Examination of International Applications Entering the National Phase　Chapter 1　Preliminary Examination of International Applications Entering the National Phase and Processing of Procedural Matters Therefore　Chapter 2　Substantive Examination of International Applications Entering the National PhasePart  Ⅳ  Examination of Requests for Reexamination and for Invalidation　Chapter 1　General Provisions　Chapter 2　Examination of Requests for Reexamination　Chapter 3　Examination of Requests for Invalidation　Chapter 4　Provisions Concerning Oral Proceedings in the Reexamination and Invalidation Procedures　Chapter 5　Examination of Design Patent in the Invalidation Procedure　Chapter 6　Some Provisions Concerning the Examination of Utility Models in the Invalidation Procedure　Chapter 7　Handling of Identical Inventions-Creations in the Invalidation Procedure　Chapter 8　Provisions Concerning Issues of Evidence in the Invalidation ProcedurePart  Ⅴ  Processing of Patent Applications and Procedural Matters　Chapter 1　Patent Application Documents and Formalities　Chapter 2　Patent-Related Fees　Chapter 3　Acceptance　Chapter 4　Patent Application Files　Chapter 5　Confidentiality Examination of Patent Application to Be Kept Secret and Patent Application to Be Filed Abroad　Chapter 6　Notification and Decision　Chapter 7　Time Limit, Restoration of Right and Suspension of Procedure　Chapter 8　Compilation of Patent Gazette and Pamphlet　Chapter 9　Grant and Termination of Patent Right　Chapter 10　Evaluation Report of Patent　Chapter 11　Provisions on Electronic ApplicationOthersAnnexes

章節(jié)摘錄

4.1.3.2 Applicant Being Foreign Individual, Enterprise or OtherType of OrganizationArticle 18 provides that, where any foreign individual, enterprise or other type of organization having no habitual residence or business office in China files a patent application in China, the application shall be treated under the Patent Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.Where the applicant is a foreigner, a foreign enterprise or other foreign organization, his or its name or title, the nationality, or the country or region in which the applicant is registered shall be stated in the request. Where the examiner has any doubt about the nationality, or the registered place of the applicant filled in the request, he may in- vite the applicant to provide a certificate of nationality or document certifying the registered place in accordance with the provisions of Rule 33（1）or（2）.Where the applicant states in the request that it has a business office in China, the examiner shall invite the applicant to submit a certifying document provided by the local administrative au- thority for industry and commerce. Where the applicant states that it has a habitual residence in China, the examiner shall invite the appli- cant to submit a document provided by the public security department, certifying that he is permitted to reside in China for one year or lon-ger.After it is affirmed that the applicant is a foreign individual, enter- prise or other type of organization having no habitual residence or business office in China, the examiner shall examine whether or not the nationality or the registered place of the applicant, as filled in the request, is in conformity with one of the following three conditions:（1） the country to which the applicant belongs has concluded with China an agreement affording patent protection to the nationals of each other;（2）the country to which the applicant belongs is a country party to the Paris Convention for the Protection of Industrial Property （ here- inafter referred to as the Paris Convention） or a member of the World Trade Organization.（3） the country to which the applicant belongs provides patent pro- tection to foreign person on the basis of the principle of reciprocity.

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