Chapter X Special Provisions Concerning International Application

Article 99 The patent administration department under the State Council receives international patent applications filed under the Patent Cooperation Treaty in accordance with the provisions of Article 20 of the Patent Law.

Where any international application filed under the Patent Cooperation Treaty designating China enters the Chinese national phase (hereinafter referred to as the international application), the requirements and procedures prescribed in this Chapter shall apply. Where no provisions are made in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shall apply.

Article 100 Any international application which has been accorded an international filing date and which has designated China shall, in accordance with the Patent Cooperation Treaty, be deemed as an application for patent filed with the patent administration department under the State Council, and the said filing date shall be deemed as the filing date referred to in Article 28 of the Patent Law.

Where, in the international phase, an international application or its designation of China is withdrawn or deemed to be withdrawn, the effect of the said international application in China shall cease.

Article 101 Any applicant for an international application entering the Chinese national phase shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (referred to in this chapter as "the priority date"), go through the following formalities with the patent administration department under the State Council:

(1) submitting a written statement concerning the entry of his or its international application into the Chinese national phase. The statement shall indicate the international application number, and also indicate in Chinese the kind of patent protection sought, the title of the invention-creation, the name or title of the applicant, the address of the applicant and the name of the inventor. Such indications shall be the same as those recorded by the International Bureau;

(2) paying the filing fee, the additional fee for patent application and the printing fee for publicizing the application as provided in Article 90, paragraph one of these Rules;

(3) where an international application is filed in a language other than Chinese, the Chinese translation of the description, the claims, the text matter of the drawings, and the abstract of the initial international application shall be furnished; where an international application is filed in Chinese, a copy of the abstract published in the international publication shall be furnished;

(4) where an international application contains drawings, a copy of the drawings shall be furnished. Where an international application is filed in Chinese, a copy of the figure of the drawings in the abstract as published in the international publication shall be furnished.

If the applicant fails to go through the relevant formalities for entering the Chinese national phase within the time limit prescribed in the preceding paragraph, he or it may, after paying a surcharge for the late entry, go through these formalities before the expiration of the time limit of 32 months from the priority date.

Article 102 Where the applicant fails to go through the formalities for entering the Chinese national phase, within the time limit prescribed in Article 101, paragraph two of these Rules or any of the following circumstance occurs at the expiration of the said time limit, the effect of his or its international application shall cease in China:

(1) where the international application number is not indicated in the statement concerning entry into the Chinese national phase;

(2) where the filing fee, the printing fee for publicizing the application prescribed in Article 90, paragraph one of these Rules, or the surcharge for the late entry as prescribed in Article 101, paragraph two of these Rules is not paid;

(3) where the international application is filed in a language other than Chinese, the Chinese translation of the description and the claims of the initial international application are not furnished.

Where the effect of an international application has ceased in China, the provisions of Article 7, paragraph two of these Rules shall not apply.

Article 103 Where any of the following circumstance occurs at the time when the applicant goes through the formalities for entering the Chinese national phase, the patent administration department under the State Council shall notify the applicant to make corrections within the specified time limit:

(1) where the Chinese translation of the abstract or a copy of the abstract is not furnished;

(2) where a copy of the drawings or a copy of a figure of the drawings in the abstract is not furnished;

(3) where the title of the invention-creation, the name or title of the applicant, the address of the applicant and the name of the inventor are not indicated in Chinese in the statement concerning entry into the Chinese national phase;

(4) where the content or the form of the statement concerning entry into the Chinese national phase is not in conformity with the provisions.

If, at the expiration of the time limit, the applicant fails to make up the corrections, his or its application shall be deemed to be withdrawn.

Article 104 Where an international application is amended in the international phase and the applicant requests that the examination be based on the amended application, the Chinese translation of the amendments shall be furnished by the applicant before completion of the technical preparations for national publication of the application by the patent administration department under the State Council. Where the Chinese translation is not furnished within the time limit, the amendments made in the international phase shall not be taken into consideration by the patent administration department under the State Council.