Article 1 Since June 1, 2021 (including that date, the same below), the patent applicant may submit the patent application requesting for protection of the product’s partial industrial design, in accordance with Article 2 Paragraph 4 of the revised Patent Law, in the form of paper or offline electronic application. The CNIPA will examine the above-mentioned applications after the newly revised Rules for the Implementation of the Patent Law has taken into effect.

Article 2 As for the patent application which is applied after June 1, 2021, if the applicant believes that there are circumstances as prescribed in Article 24, Paragraph 1 of the revised Patent Law, he or she may submit the request in paper form. The CNIPA will examine the above-mentioned applications after the newly revised Rules for the Implementation of the Patent Law has taken into effect.

Article 3 As for industrial design patent application that applied after June 1, 2021, the applicant may submit a written statement requesting priority for the industrial design patent in accordance with Article 29, paragraph 2 of the revised Patent Law. The CNIPA will examine the above-mentioned applications and the prior industrial design patent requesting for basis of priority after the newly revised Rules for the Implementation of the Patent Law has taken into effect.

Article 4 As for patent application applied after June 1, 2021, the applicant may submit a copy of the patent application document filed for the first time in accordance with Article 30 of the revised Patent Law.

Article 5 As for invention patent that has been announced and authorized since June 1, 2021, the patentee may, in accordance with the Article 42, paragraph 2 of the revised Patent Law, submit a request for compensation for the duration of the patent right in paper form, within three months from the date of the announcement and the authorization of the patent right, and then pay relevant fees according to the payment notice issued by CNIPA. The CNIPA will examine the above-mentioned applications after the newly revised Rules for the Implementation of the Patent Law has taken into effect.

Article 6 Starting from June 1, 2021, the patentee may, in accordance with Article 42, paragraph 3 of the revised Patent Law, submit a request for compensation for the duration of the patent right in paper form, within three months from the date that the request for new drug coming into market is approved and authorized, and then pay the relevant fees in accordance with the payment notice issued by CNIPA. The CNIPA will examine the above-mentioned applications after the newly revised Rules for the Implementation of the Patent Law has taken into effect.

Article 7 From June 1, 2021, patentees may voluntarily declare an open license for own patents in paper form, in accordance with Article 50, paragraph 1 of the revised Patent Law. The CNIPA will examine the above-mentioned applications after the newly revised Rules for the Implementation of the Patent Law has taken into effect.

Article 8 From June 1, 2021, the accused infringer may request the CNIPA to issue a evaluation report for patent right in paper form in accordance with Article 66 of the revised Patent Law.

Article 9 From June 1, 2021, the CNIPA shall examine the patent application in the procedure of preliminary examination, substantive examination and reexamination, in accordance with Article 20, paragraph 1, and Article 25, paragraph 1, Item (5) of the revised Patent Law.

Article 10 The protection term of the industrial design patent right applied before May 31, 2021 (including that date) shall be ten years, counting from the filing date.

Article 11 These measures shall come into force on June 1, 2021.

From CNIPA

May 24th, 2021