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Administrative Measures for the Prioritized Examination of Applications for Invention Patents (No.65)

The Administrative Measures for the Prioritized Examination of Applications for Invention Patents have been deliberated and adopted at the executive meeting of the Bureau, and are now promulgated, effective as of August 1, 2012.

                                                                    Commissioner: TIAN Lipu

                                                                             June 19, 2012

Administrative Measures for the Prioritized Examination of Applications for Invention Patents

Article 1  For the purpose of promoting the optimization and upgrading of industrial structure, and the implementation of the intellectual property strategies, and establishing an innovation-oriented country, the Measures are enacted in accordance with the relevant provisions in the Patent Law of the People's Republic of China and the Implementing Rules of the Patent Law of the People's Republic of China.

Article 2  Upon the request of the applicant, an invention patent application that meets relevant conditions will be given the priority for examination by the State Intellectual Property Office, which will be concluded within one year after the applicant's request is approved.

Article 3  If the Prioritized Examination is carried out in accordance with bilateral or multilateral agreement signed between the State Intellectual Property Office and the patent examination organizations in other countries or regions, the relevant provisions, not these Measures, shall be applied.

Article 4  The applications for invention patents entitled to the Prioritized Examination include:

1. Important patent applications for inventions in technical fields relating to energy saving and environmental protection, new generation of information technology, biology, high-end equipment manufacturing, new energy, new material, new energy vehicles;

2. Important patent applications for inventions relating to low-carbon technology and resource-saving technology, which are helpful for green development;

3. Patent application which is filed for the first time in China, and another patent application for the same subject matter being filed in another country or region;

4. Other patent applications that are highly significant for interest of the country or public interest and thus need to be prior examined.

Article 5  The number of applications for invention patents that are given the priority for examination is determined by the State Intellectual Property Office according to examination capability in different professional technical fields, the number of approved patents in the last year and the number of applications to be examined this year.

Article 6  Application for invention patent for which a request for prioritized examination is filed shall be an electronic application.

Where a request for prioritized examination is filed for an application for invention patent that has not entered the procedure of substantive examination, the applicant shall commence the procedure of substantive examination.

Article 7  The following materials shall be submitted when the applicant goes through formalities of prioritized examination:

1. A Request for Prioritized Examination for an Application for Invention Patent, which is reviewed and signed by the intellectual property offices of provinces, autonomous regions and municipalities, with an official seal affixed;

2. A search report in the prescribed format, which is issued by a department fulfilling conditions for patent search, or a search report and examination result as well as Chinese translation thereof issued by patent examination department of another country or region.

Article 8  The conditions for patent search mentioned in Article 7 means:

1. Conditions of performing search by using patent documentation used in search and non-patent literature used in search as stipulated in the Guidelines for Patent Examination;

2. The person who performs the search is one having professional technical background and having been trained in patent practice and search;

3. It is possible to conduct search with respect to an application for invention patent for which a request for prioritized examination is filed, by a searching person in a corresponding technical field in accordance with the relevant requirements of the Guidelines for Patent Examination.

Article 9  The State Intellectual Property Office is responsible for accepting and auditing the request for prioritized examination, and informs the applicant of the audit result.

Article 10  The State Intellectual Property Office shall deal with an application for invention patent for which a request for prioritized examination is approved in time, and issue a first Office Action within 30 working days from the date of issuing the approval of the request for prioritized examination.

Article 11  For an application for invention patent undergoing prioritized examination, the applicant shall make response or correction as soon as possible. The time limit for responding to an Office Action is two months. Where the applicant fails to make response within this time limit, the State Intellectual Property Office will cease the prioritized examination and deal with the application as an ordinary application.

Article 12  The State Intellectual Property Office is responsible for interpretation of these Measures.

Article 13  These Measures shall go into effect on August 1, 2012.

June 21, 2012          

Information source: The State Intellectual Property Office

 
 
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