Implementing Regulations of the Patent Law of the People.doc

Implementing Regulations of the Patent Law of the Peoples Republic of China (Promulgated by Decree No. 306 of the State Council of the Peoples Republic of China on June 15, 2001, and effective as of July 1, 2001) (Translated by the Patent Administration Department under the State Council of the Peoples Republic of China. In case of discrepancy, the original version shall prevail.) Chapter I General Provisions Rule 1 These Implementing Regulations are formulated in accordance with the Patent Law of the Peoples Republic of China (hereinafter referred to as the Patent Law). Rule 2 Invention in the Patent Law means any new technical solution relating to a product, a process or improvement thereof. Utility model in the Patent Law means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Design in the Patent Law means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application. Rule 3 Any formalities prescribed by the Patent Law and these Implementing Regulations shall be complied with in a written form or in any other form prescribed by the Patent Administration Department under the State Council. Rule 4 Any document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations shall be in Chinese; the standard scientific and technical terms shall be used if there is a prescribed one set forth by the State; where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. Where any certificate or certifying document submitted in accordance with the provisions of the Patent Law and these Implementing Regulations is in a foreign language, the Patent Administration Department under the State Counci