CPO
Work Flow of the Examination of the Application
For a Patent for Invention
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A3
(A=Article) |
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A34 |
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| In Conformity with Patent Law? |
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Refuse the application
One can request for reexamination
A43 |
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A34 After the expiration of 18 months from the date of
filling or the date of prior right |
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A37 |
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| Unconformity with Patent Law? |
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Refuse the application
One can request for reexamination
A43 |
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| One except patentee can request for the revocation of the patent right
within 6 months from the date of announcement |
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A41 |
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| One except patentee can request for the invalidation of the patent
right after the expiration of 6 months from the date of announcement |
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A48 |
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Article 3. The Patent Office of the People's Republic of China receives and
examines patent applications and grants patent rights for inventions-creations that
conform with the provisions of this Law.
Article 34. Where, after receiving an application for a patent for invention,
the Patent Office, 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 Office publishes the application earlier.
Article 37. Where the Patent Office, after it has made the
examination as to substance of the application for a patent for invention, finds that the
application is not in conformity with the provisions of this Law, it shall notify the
applicant and request him or it to submit, within a specified time limit, his or its
observations or to amend the application. If, without any justified reason, the time limit
for making response is not met, the application shall be deemed to have been withdrawn.
Article 40. Where it is found after preliminary examination that there is no
cause for rejection of the application for a patent for utility model or design, the
Patent Office shall make a decision to grant the patent right for utility model or the
patent right for design, issue the relevant patent certificate, and register and announce
it.
Article 41. Where, within six months from the date of the announcement of the
grant of the patent right by the Patent Office, any entity or individual considers that
the grant of the said patent right is not in conformity with the relevant provisions of
this Law, it or he may request the Patent Office to revoke the patent right.
Article 43. The Patent Office shall set up a Patent Reexamination Board. Where
any party is not satisfied with the decision of the Patent Office rejecting the
application, or the decision of the Patent Office revoking or upholding the patent right,
such party may, within three months from the date of receipt of the notification, request
the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board
shall, after reexamination, make a decision and notify the applicant, the patentee or the
person who made the request for revocation of the patent right.
Where the applicant for a patent for invention, the patentee
of an invention or the person who made the request for revocation of the patent right for
invention is not satisfied with the decision of the Patent Reexamination Board, he or it
may, within three months from the date of receipt of the notification, institute legal
proceedings in the people's court.
The decision of the Patent Reexamination Board in
respect of any request, made by the applicant, the patentee or the person who made the
request for revocation of the patent right, for reexamination concerning a utility model
or design is final.
Article 48. Where, after the expiration of six months from the date of
the announcement of the grant of the patent right by the Patent Office, any entity or
individual considers that the grant of the said patent right is not in conformity with the
relevant provisions of this Law, it or he may request the Patent Reexamination Board to
declare the patent right invalid.
CPO
CPO Workflow of the Examination of the Application
for a Patent for Utility Model or and Design
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Article 3 |
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A34 |
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Refuse the application
One can request for
reexamination  A43 |
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A40 |
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Publication House |
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One except patentee can
request for the revocation
of the paten right within
6 months from the date of
announcement |
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A41 |
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One except patentee can request for the
invalidation of the patent right after the
expiration of 6 months from the date of
announcement |
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A48 |
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