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

(npc.gov.cn) Updated : 2015-07-17

Article 27 The size of drawings or photographs of a design submitted in accordance with the provisions of Article 27 of the Patent Law shall not be smaller than 3cm x 8cm, nor larger than l5cm x 22cm.

Where an application for a patent for design seeking concurrent protection of colors is filed, a drawing or photograph in color shall be submitted in two copies.

The applicant shall, in respect of the subject matter of the product incorporating the design which is in need of protection, submit the relevant views and stereoscopic drawings or photographs, so as to clearly show the subject matter for which protection is sought.

Article 28 Where an application for a patent for design is filed, a brief explanation of the design shall, when necessary, be made.

The brief explanation of the design shall include the essential portion of the design, the colors for which protection is sought and the omission of the view of the product incorporating the design. The brief explanation shall not contain any commercial advertising and shall not be used to indicate the function of the product.

Article 29 Where the patent administration department under the State Council deems it necessary, it may require the applicant for a patent for design to submit a sample or model of the product incorporating the design. The volume of the sample or model submitted shall not exceed 30cm x 30cm x 30cm, and its weight shall not surpass l5 kilograms. Articles that are easy to get rotten or broken or articles that are dangerous shall not be submitted as sample or model.

Article 30 The existing technology referred to in Article 22, paragraph three of the Patent Law means any technology which has been publicly disclosed in domestic or foreign publications, or has been publicly and domestically used or made known to the public by any other means, before the date of filing (or the priority date where priority is claimed), that is, prior art.

Article 3l The academic or technological meeting referred to in Article 24, subparagraph (2) of the Patent Law means any academic or technological meeting organized by a relevant competent department of the State Council or by a national academic or technological association.

Where any invention-creation for which a patent is applied for falls under the provisions of Article 24, subparagraph (l) or (2) of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents issued by the entity which organized the international exhibition or academic or technological meeting, stating the fact that the invention-creation was exhibited or published on the date of its exhibition or publication.

Where any invention-creation for which a patent is applied for falls under the provisions of Article 24, subparagraph (3) of the Patent Law, the patent administration department under the State Council may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit.

Where the applicant fails to make a declaration and submit certifying documents as required in paragraph two of this Article, or fails to submit certifying documents within the specified time limit as required in paragraph three of this Article, the provisions of Article 24 of the Patent Law shall not apply to the application.

Article 32 Where any applicant claims priority in accordance with the provisions of Article 30 of the Patent Law, he or it shall, in his or its written declaration, indicate the date and the number of the application which is first filed (hereinafter referred to as the earlier application) and the country in which the application is filed. If the written declaration does not contain the filing date of the earlier application and the name of the country in which the application is filed, the declaration shall be deemed not to have been made.

Where the foreign priority is claimed, the copy of the earlier application documents submitted by the applicant shall be certified by the competent authority of the foreign country in which the application is filed. Where in the certifying material submitted, the name or title of the later applicant is not the same as that of the earlier one, the applicant shall submit document certifying the assignment of priority. Where the domestic priority is claimed, the copy of the earlier application document shall be prepared by the patent administration department under the State Council.

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