Article 105 When the applicant goes through the formalities for entering the Chinese national phase, he or it shall also fulfill the following requirements:

(1) where the inventor is not indicated in the international application, the name of the inventor shall be indicated in the statement concerning entry into the Chinese national phase;

(2) where any change in the applicant is made before the International Bureau in the international phase, the document certifying the right of the new applicant to the international application shall be furnished;

(3) where the applicant is not the same person as the applicant having filed the earlier application which is the basis of the priority claimed, or where the applicant has changed his or its name after filing the earlier application, the document certifying the right of the applicant to claim priority shall be furnished when necessary;

(4) Where any invention-creation to which the international application relates has one of the events referred to in Article 24, subparagraph (1) or (2) of the Patent Law and where statements have been made in this respect when the international application was filed, the applicant shall indicate it in the statement concerning entry into the Chinese national phase, and furnish the relevant certificates prescribed in Article 31, paragraph two of these Rules within two months from the date of going through the formalities for entering the Chinese national phase.

Where the applicant fails to satisfy the requirements provided for in subparagraph (1), (2) or (3) of the preceding paragraph, the patent administration department under the State Council shall notify the applicant to make corrections within the specified time limit. Where, within the time limit, no correction is made in respect of the requirement provided for in subparagraph (1) or (2), the application shall be deemed to be withdrawn; Where, within the time limit, no correction is made in respect of the requirement provided for in subparagraph (3), the claim for priority shall be deemed not to have been made.

Where the applicant fails to fulfill the requirement provided for in subparagraph (4) of paragraph one of this Article, the provisions of Article 24 of the Patent Law shall not apply to his or its international application.

Article 106 Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in Article 25, subparagraph (3) of these Rules shall be deemed to have been fulfilled. In the statement concerning entry into the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of the biological materials, and the exact location of the record in the documents.

Where particulars concerning the deposit of biological materials are contained in the description of the international application as initially filed, but there is no such indication in the statement concerning the entry into the Chinese national phase, the applicant shall make correction within four months from the date of going through the formalities for entering the Chinese national phase. If the correction is not made at the expiration of the time limit, the biological materials shall be deemed not to have been deposited.

Where the applicant submits the certificates of the deposit and the viability of the biological materials to the patent administration department under the State Council within four months from the date of going through the formalities for entering the Chinese national phase, the deposit of biological materials shall be deemed to have been made within the time limit as provided for in Article 25, subparagraph (1) of these Rules.

Article 107 Where the applicant claims one or multiple priorities in the international phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted the written declaration in accordance with the provisions of Article 30 of the Patent Law.

Where there are clerical mistakes or the application number of the earlier application is missing in the written declaration claiming the priority made in the international phase, the applicant may request to make corrections or to fill in the missing application number of the earlier application at the time of going through the formalities for entering the Chinese national phase. Where a request for making corrections is made, the applicant shall pay the fee for correcting the claim for priority.

Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted form submitting a copy of the earlier application to the patent administration department under the State Council at the time of going through the formalities for entering the Chinese national phase. Where the applicant has not submitted a copy of the earlier application in the international phase, and if the patent administration department under the State Council deems it necessary, it may notify the applicant to submit a copy of the earlier application within the specified time limit. If no copy is submitted at the expiration of the time limit, his or its claim for the priority shall be deemed not to have been made.

Where the claim for the priority is deemed not to have been made in the international phase and the information is already published by the International Bureau, the applicant may, if he has justified reasons, request the patent administration department under the State Council to restore his or its claim for the priority at the time of going through the formalities for entering the Chinese national phase.

Article 108 Where, before the expiration of 30 months from the priority date, the applicant files a request with the patent administration department under the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions in Article 23, paragraph two of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the patent administration department under the State Council, the applicant shall submit a confirmed copy of the international application.

Article 109 With regard to an international application for a patent for utility model, the applicant may file a request with the patent administration department under the State Council to amend the description, the drawings and the claims within one month from the date of going through the formalities for entering the Chinese national phase.

With regard to an international application for a patent for invention, the provisions of Article 51, paragraph one of these Rules shall apply.

Article 110 Where the applicant finds that there are mistakes in the Chinese translation of the description, the claims or the words of the drawings submitted, he or it may correct the translation in accordance with the initial international application as filed within the following time limits:

(1) before the completion of technical preparations of the patent administration department under the State Council for national publication;

(2) within three months from the date of receipt of the notification sent by the patent administration department under the State Council notifying that the application for a patent for invention has entered into the substantive examination phase.

Where the applicant intends to correct the mistakes in the translation, he shall file a written request, furnish a replace sheet of the translation and pay the prescribed fee for correction of the translation.

Where the applicant makes correction of the translation in accordance with the notification of the patent administration department under the State Council, he or it shall, within the specified time limit, go through the formalities prescribed in paragraph two of this Article. If the prescribed formalities are not gone through at the expiration of the time limit, the international application shall be deemed to be withdrawn.

Article 111 With regard to any international application for a patent for invention, if the patent administration department under the State Council, after preliminary examination, considers it is in compliance with the provisions of the Patent Law and these Rules, it shall publish it in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the international application shall be published.

Where the international publication of an international application for a patent for invention by the International Bureau is in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the international publication. If the international publication by the International Bureau is in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the publication of the Chinese translation by the patent administration department under the State Council.

With regard to an international application, the publication referred to in Articles 21 and 22 of the Patent Law means the publication referred to in paragraph one of this Article.

Article 112 Where two or more inventions or utility models are contained in an international application, the applicant may, after going through the formalities for entering the Chinese national phase, submit a divisional application in accordance with the provisions in Article 42, paragraph one of these Rules.

Where, in the international phase, some parts of the international application are not the subject of international search or international preliminary examination because the International Searching Authority or the International Preliminary Examination Authority considers that the international application does not comply with the requirement of unity of invention prescribed in the Patent Cooperation Treaty, or because the applicant fails to pay the additional fee, and at the time of going through the formalities for entering the Chinese national phase, the applicant requests that the said parts be the basis of examination, the patent administration department under the State Council, finding that the decision concerning unity of invention made by the International Searching Authority or the International Preliminary Examination Authority is justified, shall notify the applicant to pay the restoration fee for unity of invention within the specified time limit. Where the fee is not paid or not paid in full at the expiration of the prescribed time limit, those parts of the international application which have not been searched or have not been the subject of international preliminary examination shall be deemed to be withdrawn.

Article 113 Where the applicant furnishes the documents and pays the fees in accordance with the provisions of Article 101 of these Rules, the date on which the patent administration department under the State Council receives the documents shall be the date of submitting, and the date on which it receives the fees shall be the date of payment.

Where there is delay in the mailing of the documents and the applicant proves, within one month from the date on which he finds the delay, that the documents have been mailed five days prior to the expiration of the time limit prescribed in Article 101 of these Rules, the documents shall be deemed to have been received on the date on which the time limit expires. However, the time period for the applicant to furnish evidence may not be later than six months after the expiration of the time limit prescribed in Article 101 of these Rules.

Where documents are to be submitted to the patent administration department under the State Council in accordance with the provisions of Article 101 of these Rules, the applicant may send them by fax. Where the applicant submits the documents by fax, the date on which the patent administration department under the State Council receives the fax shall be the date of submitting. The applicant shall submit to the patent administration department under the State Council the original copy within 14 days from the date of the transmission by fax. Where the original copy is not submitted within the time limit, the documents shall be deemed not to have been submitted.

Article 114 Where an international application claims the priority, the applicant shall, at the time of going through the formalities for entering the Chinese national phase, pay the fee for claiming the priority; if the fee is not paid or not paid in full, the patent administration department under the State Council shall notify the applicant to pay it within the specified time limit; if the fee is still not paid or not paid in full at the expiration of the time limit, the claim for priority shall be deemed not to have been made.

Article 115 Where an international application in the international phase has been refused to be accorded an international filing date or has been declared to be deemed withdrawn by an international authority concerned, the applicant may, within two months from the date on which he or it receives the notification, request the International Bureau to send the copy of any document in the file of the international application to the patent administration department under the State Council, and shall go through the formalities prescribed in Article 101 of these Rules within the said time limit with the patent administration department under the State Council. After receiving the documents sent by the International Bureau, the patent administration department under the State Council shall review the decision made by the international authority concerned to find whether it is correct.

Article 116 With regard to a patent right granted on the basis of an international application, if the scope of protection determined in accordance with the provisions of Article 56 of the Patent Law exceeds the scope of the international application in its original language because of incorrect translation, the scope of protection granted on the international application shall be limited according to the original language of the application; if the scope of protection granted on the international application is narrower than the scope of the application in its original language, the scope of protection shall be determined according to the patent in the language when it is granted.