Recently, the newly amendment of the Implementing Regulations of the China Patent Law (hereinafter referred to as new Regulations) was finally approved by the State Council and implemented as of February 1, 2010.
Following are some key points under the new Regulations such as security check for invention made in China, simultaneously filing of application for invention and utility model, indication of genetic resources, etc., which may substantially affect the patent prosecution and protection of China.
First, subject to the new Regulations, it provides the details on how and when security check shall be done. Upon receipt of the request for security check and if after examination SIPO holds that the invention or utility model made in China shall be kept secret, it shall notify the applicant within 4 months.
Second, the Patent Law allows the same applicant to file, on the same day, a patent application for utility model and a patent application for invention for the same invention-creation. The new Regulations further regulate where this occurs, the applicant shall make a separate indication respectively at the time of filing. Otherwise, only one patent can be granted.
Third, under the Patent Law, an evaluation report on a patent for utility model or design is introduced to replace a search report on a patent for utility model. More detailed provisions are given in the new Regulations, such as the qualification of the requesters for the report, time limit for establishing an evaluation report by SIPO, only one evaluation report on a patent and public’s review.
