Rules for the Implementation of the Patent Law of the People's Republic of China

(npc.gov.cn)     Updated : 2015-07-17

Article 33 An applicant may claim one or more priorities for an application for one patent; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date.

Where an applicant claims the right of domestic priority, if the earlier application is one for a patent for invention, he or it may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for utility model, he or it may file an application for a patent for utility model or invention for the same subject matter. However, when the later application is filed, if the subject matter of the earlier application falls under any of the following circumstances, it may not be taken as the basis for claiming domestic priority:

(1) where it has claimed foreign or domestic priority;

(2) where it has been granted a patent right;

(3) where it is a divisional application filed as prescribed.

Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed.

Article 34 Where an application for a patent is filed or the right of foreign priority is claimed by an applicant having no habitual residence or business office in China, the patent administration department under the State Council may, when it deems necessary, require the applicant to submit the following documents:

(1) a certificate of nationality :

(2) a document certifying the seat of the business office or the headquarters, if the applicant is an enterprise or other organization;

(3) a document certifying that the country, to which the foreigner, foreign enterprise or other foreign organization belongs, recognizes that Chinese entities and individuals are, under the same conditions as those applied to its nationals, entitled to the patent right, the priority and other related rights in that country.

Article 35 Two or more inventions or utility models belonging to a single general inventive concept which may be filed as one application in accordance with the provisions in Article 3l, paragraph one of the Patent Law shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those inventions or utility models, considered as a whole, makes over the prior art.

Article 36 The expression "the same class" referred to in Article 3l, paragraph two of the Patent Law means that the products incorporating the designs belong to the same subclass in the classification of products for designs. The expression "be sold or used in sets" means that the products incorporating the designs have the same designing concept and are customarily sold and used at the same time.

Where two or more designs are filed as one application in accordance with the provisions in Article 3l, paragraph two of the Patent Law, they shall be numbered consecutively and the numbers shall precede the titles of the view of the product incorporating the design.

Article 37 When withdrawing an application for a patent, the applicant shall submit to the patent administration department under the State Council a declaration stating the title of the invention-creation, the filing number and the date of filing.

Where a declaration to withdraw an application for a patent is submitted after the patent administration department under the State Council has completed the preparations for the publication of the application document, the application document shall be published as scheduled. However, the declaration withdrawing the application for patent shall be publicized in the Patent Gazette published later.