中华人民共和国专利法实施细则（二）

icant and invite him or it to submit his or its observations or to correct his or its application within the time limit.

　　If the applicant makes no response within the time limit， the application shall be deemed to have been withdrawn. Where， after the applicant has made the observations or the corrections， the Patent Office still finds that the application is not in conformity with the provisions of the Articles and the Rules cited in the relevant preceding sub-paragraph， the application shall be rejected.

　　Rule 45. In any of the following situations， any document relating to a patent application， not including the patent application， which is submitted to the Patent Office， shall be deemed not to have been submitted：

　　（1） where the document is not presented in the prescribed form or the indications therein are not in conformity with the prescriptions；

　　（2） where no supporting document is submitted as prescribed.

　　The applicant shall be notified that the document is deemed not to have been submitted.

　　Rule 46. Where the applicant requests an earlier publication of its or his application for a patent for invention， a declaration shall be made to the Patent Office. The Patent Office shall， after preliminary examination of the application and， unless it is to be rejected， publish it immediately.

　　Rule 47. The applicant shall， when indicating in accordance with Article 27 of the Patent Law the product incorporating the design and the class to which that product belongs， refer to the classification of products for designs published by the Patent Office. Where no indication， or an incorrect indication， of the class to which the product incorporating the design belongs is made， the Patent Office shall supply the indication or correct it.

　　Rule 48. Any person may， from the date of publication of an application for a patent for invention till the date of announcing the grant of the patent right， submit to the Patent Office observations， with the reasons therefor， on the application which is not in conformity with the provisions of the Patent Law.

　　R

ule 49. Where the applicant for a patent for invention cannot furnish， for justified reasons， the documents concerning any search or the results of any examination under Article 36 of the Patent law， it or he shall make a statement to that effect and submit them when the said documents are available.

　　Rule 50. The Patent Office shall， when proceeding on its own initiative to examine an application for a patent for invention in accordance with the provisions of Article 35， paragraph two， of the Patent Law， notify the applicant accordingly.

　　Rule 51. When a request for examination as to substance is made， or when a response is made in regard to the first communication of the observations of the Patent Office after examination as to substance， the applicant may amend the application for a patent for invention on its or his own initiative.

　　Within three months from the date of filing， the applicant for a patent for utility model or design may amend the application for a patent for utility model or design on its or his own initiative.

　　Rule 52. When an amendment to the description or the claims in an application for a patent for invention or utility model is made， a replacement sheet in prescribed form shall be submitted， unless the amendment concerns only the alteration， insertion or deletion of a few words. Where an amendment to the drawings or photographs of an application for a patent for design is made， a replacement sheet in prescribed form shall be submitted.

　　Rule 53. According to the provisions of the Patent Law and these Implementing Regulations， the situations where after examination as to substance an application for patent for invention shall be rejected by the Patent Office shall comprise the following：

　　（1） where the application does not comply with the provisions of Rule 2， paragraph one， of these Implementing Regulations；

　　（2） where the application falls under the provisions of Articles 5 or 25 of the Patent Law； or it does not comply with the provisions of Article 22 of the Patent Law and Rule 12， paragraph one， of these Implementing Regulations， or the applicant cannot obtain a patent right according to the provisions of Article 9 of the Patent Law；

　　（3） where the application does not comply with the provisions of Article 26， paragraphs three or four， or Article 31， paragraph one， of the Patent Law；

　　（4） where the amendment to the application or the divisional application goes beyond the scope of disclosure contained in the initial description and the claims.

　　Rule 54. After the Patent Office issues the notification to grant the patent right， the applicant shall go through the formalities of registration within two months from the date of receipt of the notification. If the applicant goes through the formalities of registration within the said time limit， the Patent Office shall grant the patent right， issue the patent certificate， and announce it. The patent right shall come into force upon the date of issue of the patent certificate.

　　If the time limit for going through the formalities of registration is not met， the applicant shall be deemed to have abandoned its or his right to obtain the patent right.

　　Rule 55. The grounds on which a revocation may be requested under Article 41 of the Patent Law of a patent right， which is announced and granted by the Patent Office， shall comprise the following：

　　（1） where the invention or utility model for which the patent right is granted does not comply with the provisions of Article 22 of the Patent Law；

　　（2） where the design for which the patent right is granted does not comply with the provisions of Article 23 of the Patent Law.

　　Rule 56. Anyone requesting revocation of a patent right in accordance with the provisions of Article 41 of the Patent Law shall submit to the Patent Office a request and the relevant documents in two copies， st

ating the facts and reasons on which the request is based.

　　The person requesting revocation may withdraw his request before the Patent Office makes a decision on it.

　　Rule 57. After the receipt of the request for revocation of the patent right， the Patent Office shall make an examination of it. Where the request does not conform to the prescribed requirements， the Patent Office shall notify the person making the request to rectify it within the specified time limit.

　　If the time limit for making rectification is not met， the request for revocation shall be deemed not to have been filed. Where， in the request for revocation of the patent right， no facts and reasons have been given to support the request or the reasons given do not conform to the provisions of Rule 55 of these Implementing Regulations， the request shall be declared to be unacceptable.

　　The Patent Office shall send a copy of the request for revocation of the patent right and copies of the relevant documents to the patentee and invite it or him to present its or his observations within a specified time limit. The patentee may amend its or his patent specification， but may not broaden the scope of patent protection. If no response is made within the time limit， the examination procedure of the Patent office will not be affected.

　　Rule 58. The Patent Reexamination Board shall consist of experienced technical and legal experts designated by the Patent Office. The Director General of the Patent Office shall be the Director of the Board.

　　Rule 59. Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance with the provisions of Article 43， paragraph one， of the Patent Law， it or he shall file a request for reexamination and state the reasons therefor， together with the relevant supporting documents. The request and the supporting documents shall be in two copies.

　　The applicant or the patentee may amend its or his application， which has been rejected， or its or his patent specification， which has been revoked， at the time when it or he requests reexamination， but the amendments shall be limited only to the part to which the decision of rejection of the application or the decision of revocation of the patent right relates.

　　Rule 60. Where the request for reexamination does not comply with the prescribed form， the person making the request shall rectify it within the time limit fixed by the Patent Reexamination Board. If the time limit for making rectification is not met， the request for reexamination shall be deemed not to have been filed.

　　Rule 61. The Patent Reexamination Board shall send the request for reexamination which the Board has received to the examination department which has made the examination to make an examination. Where the examination department agrees to revoke its former decision upon the request of the person requesting reexamination， the Patent Reexamination Board shall make a decision accordingly and notify that person.

　　Rule 62. Where the Patent Reexamination Board finds after reexamination that the request does not comply with the provisions of the Patent Law， it shall invite the person requesting reexamination to submit his observations within the specified time limit. If the time limit for making response is not met， the request for reexamination shall be deemed to have been withdrawn.

　　Rule 63. At any time before the Patent Reexamination Board makes its decision on the request for reexamination， the person making the request may withdraw his request for reexamination.

　　Rule 64. The Patent Office may amend the ob

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