Chapter 2 Application and examination of Patent |
| Section 1 Invention & utility model patent |
Article 14
In applying for an invention patent or a utility model patent, the request shall contain the following items:
1. title of invention or utility model;
2. name, nationality of the inventor or creator;
3. name or title, nationality, domicile/residence or business authority of the applicant; if a representative is appointed, the name of the representative as well;
4. if a patent attorney is entrusted, the name and business authority thereof.
Under any of the following circumstances, a statement shall be made in the request:
1. where the applicant claims the facts provided in Item 1 or 2, Paragraph 2 of Article 22, Item 1 or 2, Paragraph 2, Article 94 of this Act;
2. where an applicant claims the priority stipulated in Paragraph 1, Article 27 of this Act;
3. where an applicant claims the priority stipulated in Paragraph 1, Articles 29 of this Act;
4. where a patent application for an invention relates to biological materials or utilization of biological materials.
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Article 15
Specifications of an invention patent or utility model patent shall contain the following items:
1. title of the invention or utility model;
2. abstract of the invention or utility model.
3. description of the invention or utility model.
4. claims.
The title of the invention or utility model should be consistent with the contents of its claims, no irrelevant wording is allowed.
Where a patent application for the same subject matter has been filed in a foreign country, If necessary, the Patent Authority may notify the applicant to submitting within prescribed time limit the documents concerning any search or result of any examination in the foreign country. The Patent Authority may, if the applicant fails to submit such documents, continue to proceed with the examination based on the data and information currently available.
For a patent application of an invention or a utility model, the terminology used in the claims shall be consistent with that used in the title, abstract and specification. |
Article 16
An abstract shall consist a summary of the disclosure as contained in the patent application for invention or utility model. The summary shall be drafted in a way that allows clear understanding of the technical problem to be solved, the gist of the technical solution to that problem, and the principal usage of the invention or utility mode. In principle, the text shall not exceed 250 words. If the abstract contains chemical formula, the formula that best characterizes the distinctive features of an invention shall be disclosed.
There shall be no commercial advertisement wordings in an abstract of the invention or the utility model. |
Article 17
The description of invention or utility model shall include the following items:
1. Technical field(s) to which the invention or the utility model relate(s).
2. Prior art(s): indicating the prior art to the applicants understanding, and preferably citing the documents reflecting such art.
3. Contents of the invention or the utility model: disclosing the technical problem the invention or utility model aims to settle and the technical solution adopted to resolve the problem; stating, with reference to the prior art, the advantageous effects of the invention or utility model.
4. Mode for carrying out the invention or utility model: describing at least one mode for carrying out the invention or utility model, where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any.
5. Brief description of the figures in the drawings: if the specification is accompanied by drawings, it must be made in concise wordings to describe the figures and contain reference numerals of major components thereof according to the order of the figures.
The description of the invention or the utility model shall be written in the order and manner as prescribed in each item of the preceding paragraph, and each of the parts shall be preceded by a heading, unless, due to the nature of the invention or utility model, a different order and manner would result in a better understanding.
Where a patent application for an invention contains disclosures of one or more nucleotides and/or amino acids sequence, a sequence listing in compliance with the standard prescribed by the Patent Authority shall be submitted as a separate part of the description, a copy of the said computer-readable form may also be submitted.
Where a patent application for an invention is filed in relation to biological material of utilization of biological material, information that must be given includes the description of the scientific terminology, bacteriological features and necessary genome map. |
Article 18
The claims of an invention or a utility model may be presented in more than one independent claims. The number of claims shall be consistent with the disclosure as contained in the invention or creation. If necessary, it may have more than one dependent claims, the independent claims and the dependent claims shall be consecutively arranged in Arabic numerical order according to their dependent relations.
The independent claim shall clearly define the claimed subject matter and the essential technical features for exploitation.
A dependent claim shall clearly define the number and the claimed subject matter and, in addition thereto, the technical features of the claim on which it depends. Whenever an interpretation on a dependent claim is made, it shall contain all the technical features of all the claims it depends.
A dependent claim depending on two or more claims shall be called a multiple dependent claim and shall be presented in choices.
Any dependent claim may only refer to the preceding dependent or independent claim(s). However, any direct or indirect dependence is not allowed among multiple dependent claims.
An independent or a dependent claim shall be presented in a single sentence and the contents thereof may not be presented only by referring to the line numbers of the description, figures or reference numerals of figures.
The claims may contain the chemical or mathematical formulae but no drawings,
For an invention characterized in combining plurality of technical features, the claims of which may be presented in means-plus-function or step-plus-function language. Whenever an interpretation on claims is made, it shall contain the structure, material or acts or equivalent scope thereof corresponding to the functions disclosed in the description of an invention. |
Article 19
Where an independent claims of an invention or a utility model is presented in two-part form, the preamble portion shall contain the claimed subject matter and those technical features that are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art. A characterizing portion shall be stated in such words "improved in that…." Or in similar expression, the technical features of the invention or utility model, which distinguish it from the prior art.
The technical features of the characterizing portion, in combination with that of preamble portion, serve to define the scope of an independent claim. |
Article 20
The drawings of an invention or a utility model shall be drawn clearly based on engineering drawing method, when each drawings is scaled to two-thirds, it shall enables all the elements disclosed in the drawings to be clearly distinguished.
The drawings must be annotated with figure numbers and reference numerals, and shall not contain descriptive words, unless otherwise indispensable.
The drawings must be arranged in numerical order of the figures. The figure that best characterizes the technical features of the invention or utility model shall be specified as the representative figure. |
Article 21
In the event of any shortage of page or omission in description or drawings, the correction date will be regarded as the filing date. However, if the correction thereof is been contained in an earlier application where a priority right was claimed, the original filing date of the application shall be retained. |
Article 22
Documents evidencing the acceptance of the corresponding application by the foreign government in accordance with Paragraph 2, Article 28 of this Act shall be the original, a substitute of the photocopy is not allowed. |
Article 23
The so-called "a single general inventive concept" as referred to in the provision of Paragraph 2, Article 32 of this Act shall mean that two or more inventions or utility models are technically linked.
The so-called "technically linked inventions or utility models" as referred to in the preceding paragraph shall contain one or more identity or correspondence, and shall have specific technical feature that contributes to prior art. |
Article 24
Where a divisional application of an invention or utility model patent is filed, the following documents accompanied by a request shall be submitted for each divisional application:
1. specification and necessary drawings;
2. the original applications and necessary drawings as well as the specification and necessary drawings after amendment;
3. the specification and necessary drawings of other divisional application(s) if any;
4. where the same priority of the parent application was claimed, the certified document of priority of the parent application;
5. where the parent application claimed the benefit as provided in the provision of Paragraph 2 of Article 22, or Paragraph 2, Article 94 of this Act; the certified documents evidencing the facts involved; and
6. Oath Assignment in the parent application.
Where the same priority of the parent application is claimed, a statement shall be made for each divisional application.
The divisional application shall not change the category of protection of the parent application. |
Article 25
Where a patent application filed in accordance with the provisions of Article 34, Article 108 in applying mutatis mutandis Article 34, or Paragraph 1 of Article 129 in applying mutatis mutandis Article 34 of this Act, the applicant shall submit to the Patent Authority the request accompanied by the specification, the necessary drawings or the description of the drawings in the original application, and the photocopy of the decision on invalidation proceedings. |
Article 26
When applying for a substantive examination on an invention patent application, a request shall be submitted, stating the following items:
1. application number;
2. title of invention;
3. name or title, nationality, domicile/residence or business authority of the applicant of the substantive examination; if a representative is appointed, the name of the representative.
4. if a patent attorney is entrusted, the name and business authority of the patent attorney.
5. whether he is the patent applicant. |
Article 27
When applying for prioritized examination on an invention patent application, a request shall be submitted, stating the following items:
1. application number and number of laying open;
2. title of invention;
3. name or title, nationality, domicile/residence or business authority of the applicant who applies for the prioritized examination; if a representative is appointed, the name of the representative;
4. if a patent attorney is entrusted, the name and business authority thereof;
5. whether he is the patent applicant;
6. a statement with respect to the status of commercial exploitation; if there is an agreement, the practicing of the agreement.
Where an invention application that applies for prioritized examination has not yet requested for a substantive examination, a request for substantive examination as prescribed in the preceding Paragraph shall be made.
The related documentary evidence to be submitted pursuant to the provision of Paragraph 2, Article 39 of this Act are the written notification, advertising catalogues or other written documents reflecting the facts pertaining to commercial exploitation as provided in the provision of Paragraph 1, Article 40 of this Act. |
Article 28
Where a supplement or an amendment to specification or drawings is made in conformity with the provisions of this Act, an application shall be submitted along with the following documents:
1. the amended sheet(s) of the specification on which the portions of supplement or amendment are underlined,
2. the replacement sheet(s) of specification or drawings without underlines after supplement or amendment; in case the page numbers of the original specification or drawings are not continuous due to such supplement or amendment, a complete set of specification or drawings after supplement or amendment shall be submitted. |
Article 29
Where the Patent Authority notifies the patent applicant of appearing for an interview, performing experiment(s), supplementing model(s) or sample(s), or making amendments to specification, drawings or description of figures and the applicant to act within the prescribed time limit, or fails to conduct any act pursuant to the contents of the notification, the Patent Authority may continue to proceed with the examination based on the information available. |
| Section 2 Design Patent |
Article 30
In applying for a design, the application shall contain the following items:
1. the title of the article applied to the design;
2. name, nationality of the creator;
3. name or title, nationality, domicile/residence or business authority of the applicant; if a representative is appointed, the name of the representative;
4. If a patent attorney is entrusted, the name and business authority address thereof;
Under any one of following circumstances, a declaration shall be made on the application:
1. where the benefit as provided in the provision of Item1 Paragraph 2, Article 110 of this Act was claimed, the facts involved;
2. where a priority as stipulated in the provision of Paragraph 1, Articles 27 applies mutatis mutandis to Article 129 of this Act is claimed, Article 122 was claimed, the facts involved. |
Article 31
The specification and drawings of a design shall contain the following items:
1. the title of the article applied to the new design;
2. description of design;
3. description of figures in drawings;
4. drawings.
In applying for a patent for a new design, a perspective view or the figure best characterizes the subject design shall be specified.
Where a patent application for the same subject matter has been filed in a foreign country, If necessary, the Patent Authority may notify the applicant to submitting within prescribed time limit the documents concerning any search or result of any examination in the foreign country. The Patent Authority may, if the applicant fails to submit such documents, continue to proceed with the examination based on the data and information currently available. |
Article 32
The title of the article for the design shall clearly designate the article to which the design applied, no irrelevant words shall be appended; if the subject matter is a component, a statement of the article in which assembly incorporated shall be included.
The description shall indicate the designed use of the article and the characteristics of the design. In case the appearance of the article shown in the drawings will change based on different materials used, the adjustment of function, or change of state of use, a concise description shall be provided.
Drawings disclosed in a design shall be annotated with titles for each figure. If there is any omission due to the identity or symmetry of figures or any other causes, it shall be clearly annotated in the description of figures in drawings. |
Article 33
Drawings of a design shall be presented in a perspective view and six views (i.e. the front, rear, left side, right side, top and bottom), or in two or more perspective views. If the design is applied to a boundless plane in form, a plan and pattern element of design shall be submitted.
The additional auxiliary drawings may be made to the drawings of a design as stipulated in the preceding paragraph, if any.
Drawings shall be made in engineering drawing method and shall be clearly illustrated by ink drawings, photographs or computer printouts; if color is claimed, the color scheme showing the colors applied to the article shall be submitted with the statement of the industrial color guide codes of all colors, or with color cards.
Where the disclosure in any figure is other than the claimed subject matter of the design, such figure shall be annotated as reference figure. The reference figure, if necessary, shall be described in the description of creation in a design. |
Article 34
In the event of a design application is divided into two or more separate applications, each divisional application shall submit the following documents accompanied by an application :
1. description of the drawings;
2. description of the drawings disclosed in the original application and that after amendment;
3. if there are other divisional applications, description of the drawings of each divisional application;
4. where a priority was claimed in the original application, the certifying document of priority of the original application;
5. where the benefit as provided in the provision of Paragraph 2, Article 110 of this Act was claimed, the certifying documents evidencing the facts involved;
6. Oath Assignment in the original application.
Where an applicant claims priority in the original application, a declaration shall be made to the application for each divisional application. |
Article 35
Whenever a supplement or amendment to description of the drawings for a design is made pursuant to this Act, an application shall be filed, along with the following documents:
1. the amended sheet(s) of description of the drawings, on which the portions of supplement or amendment are underlined;
2. a complete set of description of the drawings without underlines after supplement or amendment. However, in case the supplement or amendment is made only to the drawings, a complete set of drawings after supplement or amendment shall be submitted. |
Article 36
In applying for an associated design, the application number of the original design patent shall be mentioned in an application, accompanied by one copy of specification and drawings of the original design.
The Patent Authority shall grant the patent right of the associated design patent after the patent of the original design application is granted. When an associated design patent is granted, such an effect shall be annotated on the original patent certificate.
The provisions of the preceding six (6) Rules shall apply mutatis mutandis to the associated design. |
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