中华人民共和国专利法实施细则（二）

　　Rule 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 provision of Article 31， paragraph one， of the Patent Law shall be technically inter-related and contain one or more 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， considered as a whole， makes over the prior art.

　　The claims in one application for a patent for two or more inventions which are in conformity with the provisions of the preceding paragraph may be any of the following：

　　（1） independent claims of the same category for two or more products or processes which cannot be included in one claim；

　　（2） an independent claim for a product and an independent claim for a process specially adapted for the manufacture of the product；

　　（3） an independent claim for a product and an independent claim for a use of the product；

　　（4） an independent claim for a product， an independent claim for a process specially adapted for the manufacture of the product， and an independent claim for a use of the product；

　　（5） an independent claim for a product， an independent claim for a process specially adapted for the manufacture of the product， an independent claim for an apparatus specially designed for carrying out the process；

　　（6） an independent claim for a process and an independent claim for an apparatus specially designed for carrying out the process.

　　The claims in one application for a patent for two or more utility models which are in conformity with the provisions of the first paragraph may be independent claims for two or more products which cannot be included in one claim.

　　Rule 36. The expression “the same class” mentioned in Article 31， 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 or used at the same time.

　　Where two or more designs are filed as one application in accordance with the provisions of Article 31， paragraph two， of the Patent Law， they shall be numbered consecutively and the numbers shall be placed in front of the titles of the view of the product incorporating the design.

　　Rule 37. When withdrawing an application for a patent， the applicant shall submit to the Patent Office 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 printing preparation has been done by the Patent Office for publication of the application documents， the application shall be published as scheduled.

　　Chapter III EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT

　　Rule 38. In any of the following situations， any person who makes examination or hears a case in the procedures of preliminary examination， examination as to substance， reexamination， revocation and invalidation shall， on his own initiative or upon the request of the parties concerned or any other interested person， be excluded from exercising his function：

　　（1） where he is a close relative of the party concerned or his agent；

　　（2） where he has an interest in the application for patent or the patent right；

　　（3） where he has such other kinds of relations with the party concerned or his agent that might influence impartial examination and hearing.

　　Where a member of the Patent Reexamination Board has taken part in the examination of the application， the provisions of the preceding paragraph shall apply. The exclusion of persons

making examination and hearing cases shall be decided by the Patent Office.

　　Rule 39. Upon the receipt of an application for a patent for invention or utility model consisting of a request， a description （a drawing being indispensable for utility model） and one or more claims， or an application for a patent for design consisting of a request and one or more drawings or photographs showing the design， the Patent Office shall accord the date of filing and a filing number and notify the applicant.

　　Rule 40. In any of the following situations， the Patent Office shall declare the application unacceptable and notify the applicant accordingly；

　　（1） where the application for a patent for invention or utility model does not contain a request， a description （the description of utility model does not contain drawings） or claims， or the application for a patent for design does not contain a request， drawings or photographs；

　　（2） where the application is not written in Chinese；

　　（3） where the application is not in conformity with the provisions of Rule 94， paragraph one， of these Implementing Regulations；

　　（4） where the request does not contain the name and address of the applicant；

　　（5） where the application is obviously not in conformity with the provisions of Article 18， or Article 19， paragraph one， of the Patent Law；

　　（6） where the kind of protection （patent for invention， utility model or design） of the application for a patent is not clear and definite or cannot be discerned.

　　Rule 41. Where the description mentions that it contains “explanatory notes to the drawings” but the drawings or part of them are missing， the applicant shall， within the time limit specified by the Patent Office， either furnish the drawings or make a declaration for the deletion of the “explanatory notes to the drawings”。 If the drawings are submitted later， the date of their delivering at， or mailing to， the Patent Office shall be the date of filing of the application； if the mention of “explanatory notes to the drawings” is to be deleted， the initial date of filing shall be the date of filing of the application.

　　Rule 42. Where an application for a patent contains two or more inventions， utility models or designs， the applicant may， at any time before the Patent Office sends out the notification to grant the patent right， submit to the Patent Office a divisional application.

　　If the Patent Office finds that an application for a patent is not in conformity with the provisions of Article 31 of the Patent Law and Rule 35 of these Implementing Regulations， it shall invite the applicant to amend the application within the specified time limit； if the applicant does not make any response within the time limit， the application shall be deemed to have been withdrawn.

　　The divisional application may not change the kind of protection of the initial application.

　　Rule 43. A divisional application filed in accordance with Rule 42 of these Implementing Regulations may enjoy the date of filing and， if priority is validly claimed， the priority date of the initial application， provided that the divisional application does not go beyond the scope of disclosure contained in the initial application. The divisional application shall be subject to the procedures in accordance with the provisions of the Patent Law and these Implementing Regulations.

　　The filing number and the date of filing of the initial application shall be indicated in the request of a divisional application. When submitting the divisional application， the applicant shall submit a copy of the initial application document； if priority is claimed for the initial application， the applicant shall submit a copy of the priority document of the initial application as well.

　　Rule 44. “Preliminary examination” mentioned in Articles 34 and 40 of the Patent Law means examining an applica

tion for a patent to see whether or not it contains the documents as provided for in Articles 26 or 27 of the Patent Law and other necessary documents， and whether or not those documents are in the prescribed form； such examination shall also include the following：

　　（1） whether or not an application for a patent for invention obviously falls under Articles 5 or 25 of the Patent Law， or is obviously not in conformity with the provisions of Article 18 or Article 19， paragraph one， or is obviously not in conformity with the provisions of Article 31， paragraph one， or Article 33 of the Patent Law， or Rule 2， paragraph one， of these Implementing Regulations；

　　（2） whether or not an application for a patent for utility model obviously falls under Articles 5 or 25 of the Patent Law， or is obviously not in conformity with the provisions of Article 18 or Article 19， paragraph one， or is obviously not in conformity with the provisions of Article 31， paragraph 1， or Article 33 of the patent Law， or Rule 2， paragraph two， or Rule 12， paragraph one， or Rules 18 to 23 of these Implementing Regulations， or cannot obtain a patent right according to the provisions of Article 9 of the Patent Law；

　　（3） whether or not an application for a patent for design obviously falls under Article 5 of the Patent Law， or is obviously not in conformity with the provisions of Article 18 or Article 19， paragraph one， or is obviously not in conformity with the provisions of Article 31， paragraph two， or Article 33 of the Patent Law， or Rule 2， paragraph three， or Rule 12， paragraph one， of these Implementing Regulations， or cannot obtain a patent right according to the provisions of Article 9 of the Patent Law.

　　The Patent Office shall communicate its observations after examination of the application to the appl

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