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中华人民共和国专利法实施细则(二)

2009-03-24 法律英语 来源:互联网 作者:
ny patent application which is filed with, and any formalities which are performed in the Patent Office, shall be made in the prescribed form of the Patent Office and signed or sealed by the applicant, the patentee, any other interested person or his or its representative. Where any patent agency is appointed, it shall be sealed by such agency. Where a change of the name of the inventor, the name, nationality and address of the applicant or the patentee, or the name of the patent agency and patent agent is requested, a request for a change in the bibliographic data shall be made to the P

atent Office, together with the relevant supporting documents.

  Rule 93. The documents relating to a patent application or patent right which are mailed to the Patent Office shall be mailed by registered letter, not by parcel.

  When any document (not including any patent application filed for the first time) is submitted to and any formalities are performed in the Patent Office, the filing number or the patent number, the title of the invention-creation and the name of the applicant or the patentee shall be indicated.

  Only documents relating to the same application shall be included in one letter.

  Rule 94. Any sheets constituting an application for patent shall be typed or printed. All the characters shall be in black ink, neat and clear. They shall be free from any alterations. Drawings shall be made in black ink with the aid of drafting instruments. The lines shall be uniformly thick and well-defined, and free from alterations. The request, description, claim, drawings and abstract shall be numbered separately in Arabic numerals and arranged in numerical order.

  The written language shall run from left to right. Only one side of each sheet shall be used.

  Rule 95. The Patent Office shall be responsible for interpreting these Implementing Regulations.

  Rule 96. These Implementing Regulations shall enter into force on January 1, 1993. The applications for patent filed before the entry into force of these Implementing Regulations and the patent rights granted on the basis of the said applications shall continue to be governed by the provisions of the Patent Law before they were amended by the Decision Regarding the Revision of the Patent Law of the People's Republic of China, adopted at the 27th Session of the Standing Committee of the Seventh National People's Congress on September 4, 1992 and the relevant provisions of the Implementing Regulations of the Patent Law of the People's Republic of China, approved by the State Council on January 19, 1985 and promulgated by the Patent Office on the same day. However, the procedures provided by the amended Articles 39 to 44 and the amended Article 48 of the Patent Law concerning the approval of applications for patent, and the revocation and invalidation of the patent right and the relevant provisions of these Implementing Regulations shall apply to the said applications which, before the entry into force of these Implementing Regulations, are not announced according to the provisions of Articles 39 and 40 of the Patent Law before they were amended.

  * This Table of Contents was established for the convenience of the reader by the Patent Laws Research Institute of the Chinese Patent Office. The text of the Implementing Regulations of the Patent Law approved by the State Council does not contain such a table and the rules have no titles in the Regulations

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