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Intellectual Property Industry Standards of
the People's Republic of
China
(As Issued by the State Intellectual Property Office of the People's
Republic of China on 14 July 2003 and entering into force on 1
October 2003)
Forward
This Standard for Patent Application Number No. ZC 0006-2003 is one
of the intellectual property industry standards of the People's
Republic of China.
This Standard has been developed and administered by the State
Intellectual Property Office of the People's Republic of China.
This Standard has been approved by the Standardization Board of the
State Intellectual Property Office of the People's Republic of
China.
This Standard has been drafted by the Working Group for the
Formulation of the Standard for Patent Application Number of the
State Intellectual Property Office of the People's Republic of
China. |
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The leading drafters of this Standard are Tian Lipu, He Hua, Huang
Qing, Bu Fang, Ning Long, Wang Qiang, Zhu Renxiu, Zhai Wei, He
Yuefeng, Yang Xiaowei, Wang Zhansan, Wu Dazhang, Tang Caixiang, Xu
Minhua, Shi Ping, Fang Ke, Leng Ge and Yan Yonggang.
Introduction
With a view to amplifying the system of the industry standards for
the intellectual property in China, the State Intellectual Property
Office of the People's Republic of China (hereinafter referred to as
the State Intellectual Property Office) has hereby formulated this
Standard pursuant to the Standardisation Law of the People's
Republic of China and the Patent Law of the People's Republic of
China, with reference to the WIPO standard ST.13, Recommendation for
the Numbering of Applications for Patents, Spcs, Industrial Designs
and Layout-Designs of Integrated Circuits issued by the World
Intellectual Property Organisation.
In order to meet the needs imposed by the rapid increase in the
number of patent applications in China and to further improve the
quality of the public service, amendments have been made in this
Standard to the Rules for Patent Application Numbering taking effect
on 1 April 1985.
Standard for Patent Application Numbering
1. Scope
This Standard has laid down the rules for patent application
numbering.
This Standard is applicable to any entity and individual who use a
Chinese patent application number in any place and in any manner for
different purposes, in particular, for the purpose of statutory
procedure, documentation and publication.
2. Terms and Definitions
The following terms and definitions are used for the purpose of this
Standard. Unless otherwise expressly provided for in the State laws,
the State Intellectual Property Office shall have the authority to
make final interpretation of the terms and definitions used in this
Standard.
1. Patent Application
For the purpose of this Standard, the patent applications shall
include applications for patent for invention, utility model and
design.
2. Patent Application Number
The patent application number shall refer to a number assigned to a
patent application when the State Intellectual Property Office
accepts the application.
3. Check Digit
A check digit shall refer to a one-digit Arabic number (any number
of 0 to 9) derived from calculation with the composition of digits
used in the patent application number taken as the source data or
refer to the capital English letter "X".
3. Formulation Principles
1. Uniqueness Principle
To make a patent application distinct from any other patent
application in the acceptance and examination proceedings and in any
other patent-related statutory proceeding, the rules for numbering
patent application formulated in this Standard embodies the
uniqueness principle.
The uniqueness principle has two meanings. First, it means that in
the proceeding for examination of the patent application and any
other pertinent statutory proceeding, and in the period of continued
existence of the patent right granted to the patent application, the
State Intellectual Property Office shall assign only one patent
application number to the patent application. This patent
application number shall not change due to amendment of the patent
application document, change of the legal status of the patent
application and variation of the inventor/designer, patent applicant
or patentee, nor shall it change due to division of the application.
When a divisional application is filed on the basis of a (parent)
patent application, the divisional application will be given new
patent application number, and the number of the parent application
will remain unchanged. Second, a patent application number shall be
used for one patent application only. Even if the patent application
or the patent right granted thereto ceases to exist, it shall be
impossible for the same patent application number to be used for any
other patent application.
2. Scientific Plausibility Principle
The legal protection under the patent system and the function of
technological information are socially extensive and temporally
permanent, which requires that a patent application number be
unique, conducive to the information administration, easy to
understand and remember and convenient to use. To this effect, rules
for numbering have been adopted for this Standard in such a
scientific manner that a patent application number is composed of
the number of the year when a patent application is accepted, the
number indicating the class of the patent application and the series
number indicating the relative order of the patent application.
4. Rules for Patent Application Numbering
1. Composition of Patent Application Number
A patent application number is shown by a number composed of 12
Arabic digits, containing three parts: the year in which the
application is filed, the number of the class of the application and
the series number of the application.
From left to right, the first to fourth digits of a patent
application number indicate the year in which a patent application
is accepted; the fifth digit stands for the class of the patent
application; and the sixth to twelfth digits (7 digits) are the
series number of the application showing the relative order of the
patent application accepted.
Each Arabic digit used in a patent application number is a decimal
number.
2. Year of Application
The year of the patent application number is an anno Domini year.
For example, 2004 indicates that the patent application is accepted
in 2004 AD.
3. Number Showing the Classification of Applications
The classification of a patent application is shown by one digit in
the patent application number, and the numbers used for this purpose
are prescribed respectively as having these meanings: the number "1"
standing for applications for patent for invention; "2" standing for
applications for patent for utility model; "3" standing for
applications for design; "8" standing for the PCT applications for
patent for invention having entered into the national phase in
China; and "9" standing for the PCT applications for patent for
utility mode having entered into the national phase in China.
The meaning of other Arabic numbers, other than the abovementioned
numbers, when used to indicate classification of applications shall
be separately provided for by the State Intellectual Property
Office.
4. Series Number of Application
The series application number in a patent application number is
represented by seven consecutive digits, generally used in ascending
sequence, starting, for example, from 0000001 progressively to
9999999.
The series application number in a patent application number of each
calendar year will be renumbered, that is, from January 1 each year,
the series application number in a newly issued patent application
number do not follow the last number of the previous year, and the
numbering will start anew from the number 0000001.
5. Diagram Showing the Rules for the Patent Application Numbering
XXXX X XXXXXXX
Series application number (see 4.4)
Application class number (see 4.3)
Application year number (see 4.2)
5. Rules for the Use of Patent Application Number
1. Patent Application Number Used Together with Check Digit
The State Intellectual Property Office shall assign a patent
application number and check digit when accepting a patent
application. Check digit is placed after the patent application
number, and a symbol of subscript single-byte-dot is used as a
separating mark between them. Except otherwise provided for in the
laws, regulations and administrative rules, the patent application
number and check digit (including the mark separating them) shall be
used together in the various proceedings under the Patent Law, the
Implementing Regulations thereof and other relevant laws and
regulations.
2. Patent Application Number Used Together with the China National
Code "CN"
The China national code "CN" may be used together with the patent
application number to show that the patent application for which the
number and the code is used has received by the State Intellectual
Property Office of China. The code "CN" should precede the patent
application number. A one-byte blank space may be left between the
code "CN" and the patent application number if necessary.
3. Form of Written and Printed Patent Application Numbers
Unless it is provided in the laws, regulations or administrative
rules that all the numbers of a patent application number (including
that used together with check digit) be consecutively written or
printed, a one-byte blank space may be left respectively between the
number of year and the number of classification or between the
number of classification and the series number used in a patent
application number.
No blank space should be used within the segment of the year number
and the series number, between the series number and the separating
mark or between the separating mark and check digit.
Lexical items, numbers, marks or blank spaces other than those
provided for in 5.1, 5.2 and of 5.3, paragraph one shall not be used
as a part of a patent application number before, after and in the
patent application number (including that used together with check
digit).
6. Administration of the Standard for Patent Application Numbers
The administrator authorised by the State Intellectual Property
Office is in charge of the administration of the standard for patent
application number pursuant to the provisions of this Standard, and
is responsible for creating an environment for the effective
operation of this Standard for the patent application number.
The specific functions and responsibilities of the administrator are
as follows:
----- ensuring the uniformity of the use of the patent application
number pursuant to this Standard;
----- being responsible for the administration and maintenance of
the patent application number;
----- interpreting the normative terms and definitions used in this
Standard; and
----- making recommendations for the amplification of this Standard.
7. Issuance of the Standard
This Standard is issued on 14 July 2003.
8. Implementation of this Standard
1. Entry into Force of this Standard
This Standard shall enter into force on 1 October 2003.
2. Supervision of this Standard
The Standardization Board of the State Intellectual Property Office
shall be responsible for the supervision and implementation of this
Standard.
3. Amplification of this Standard
The Standardization Board of the State Intellectual Property Office
shall review recommendations made by the administrator for the
amplification of this Standard, and may formulate a new standard to
substitute for this Standard, if necessary. |
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