集成电路布图设计保护条例实施细则 Protection of Integrated Circuit Layout Designs Regulations Implementing Rules

that are to be indicated; if the applicant has not appointed a patent agency, the name, address, postal code and contact telephone number of his contact person;

　　8. if the Layout Design has been exploited commercially as mentioned in Article 17 of the Regulations, the date on which such commercial exploitation commenced;

　　9. if the application for the registration of the Layout Design contains confidential information, the page numbers and total number of pages of the reproductions or drawings of the drawing layers that contain the confidential information;

　　10. the signature or seal of the applicant or patent agency;

　　11. the list of application documents;

　　12. the list of appended documents and samples; and

　　13. other particulars that need to be indicated.

　　Article 14　Reproductions or Drawings

　　The reproduction or drawing of the Layout Design submitted in accordance with Article 16 of the Regulations shall satisfy the following requirements:

　　1. the paper version of the reproduction or drawing shall be enlarged at least 20 times the size of the integrated circuit produced using the Layout Design; the applicant may additionally provide an electronic version of the reproduction or drawing; a reproduction or drawing submitted in electronic form shall include all the information on the Layout Design and indicate the document's data format;

　　2. if the paper version of the reproduction or drawing is multi-page, the pages shall be numbered sequentially and a table of contents attached thereto;

　　3. the paper version of the reproduction or drawing shall be on A4-size paper; if the paper version is larger than A4-size, it shall be folded into A4-size; and

　　4. the reproduction or drawing may carry a brief textual description, describing the integrated circuit Layout Design's structure, technology, function and other particulars requiring explanation.

　　Article 15　Applications Involving Confidential Information

　　An application for the registration of a Layout Design that had not been commercially exploited before the application date

may contain confidential information; however, the ratio of such confidential information may not exceed 50% of the total area of the integrated circuit Layout Design. The page numbers and total number of pages of the reproductions or drawings of the drawing layers that contain confidential information shall be consistent with those filled out on the application form for the registration of the Layout Design.

　　If an application for the registration of a Layout Design contains confidential information, the paper version of the reproductions or drawings of the drawing layers containing confidential information shall be submitted in a separate confidential file pouch. No person may consult or photocopy the said confidential information, except if required for an infringement action or administrative handling procedure.

　　Article 16　Sample Integrated Circuits

　　If a Layout Design has been commercially exploited before the application date, four sample integrated circuits containing the Layout Design shall be submitted when applying for registration and such samples shall satisfy the following requirements:

　　1. the four submitted sample integrated circuits shall be placed in special containers that can ensure the samples are not damaged and shall be accompanied by a completed State Intellectual Property Office prepared standard form;

　　2. the applicant's name, the application number and the name of the integrated circuits shall be indicated on the surface of the containers; and

　　3. an appropriate method shall be used to immobilize the sample integrated circuits in the containers, keeping them free from damage and able to be stored in a desiccator for a minimum of 10 years.

　　Article 17　Refusal of Acceptance

　　The State Intellectual Property Office shall refuse to accept an application to register a Layout Design and notify the applicant thereof if:

　　1. the applicant fails to submit an application form for the registration of the Layout Design, or a reproduction or drawing of the Layout Design or (where the Layout Design has been commercially exploited) sample integrated circuits, or there is a discrepancy among the afore-mentioned submitted items;

　　2. the home country of a foreign applicant has not entered into an agreement for the protection of Layout Designs with China or has not acceded to a relevant international treaty to which China has acceded;

　　3. the Layout Design involved is not eligible for protection as per Article 12 of the Regulations;

　　4. the Layout Design involved is not eligible for registration as per Article 17 of the Regulations;

　　5. the application documents are not in Chinese;

　　6. the application type is unclear or it is difficult to determine that the application pertains to a Layout Design;

　　7. no agency was appointed in accordance with provisions; or

　　8. the application form for registration of a Layout Design was not filled out completely.

　　Article 18　Supplementation, Correction and Revision of Documents

　　If an application document fails to satisfy the conditions specified in the Regulations and herein but is not refused acceptance as per Article 17 hereof, the applicant shall supplement and/or correct the document within two months from the date of receipt of the notice of the State Intellectual Property Office's opinion reached upon examination. The supplementation and/or correction shall be effected in accordance with the requirements of the notice of opinion reached upon examination. If the applicant fails to respond within the time limit, the application shall be deemed to have been withdrawn.

　　If the application document still fails to satisfy the provisions of the Regulations or these Rules after the applicant supplements and/or corrects the document in accordance with the opinion reached by the State Intellectual Property Office upon

examination, the State Intellectual Property Office shall render a decision to reject the application.

　　The State Intellectual Property Office may of its own motion revise obvious textual and punctuation errors in Layout Design application documents. If the State Intellectual Property Office makes revisions itself, it shall notify the applicant thereof.

　　Article 19　Rejection of Applications

　　Unless otherwise provided in the second paragraph of Article 18 hereof, the State Intellectual Property Office shall render a decision to reject an application and indicate the grounds therefor if a Layout Design for which a registration application is made is characterized by either of the following circumstances:

　　1. it clearly does not satisfy the provisions of Item (1) or (2) of Article 2 of the Regulations; or

　　2. it clearly does not satisfy the provisions of Article 5 of the Regulations.

　　Article 20　Entry Into Effect of Proprietary Rights in a Layout Design

　　If no grounds for rejecting an application for the registration of a Layout Design are discovered after a preliminary examination, the State Intellectual Property Office shall issue a Layout Design Registration Certificate and publicly announce the same on the State Intellectual Property Office's website and in China Intellectual Property News. The proprietary rights in the Layout Design shall enter into effect on the application date.

　　Article 21　Registration Certificate

　　The Layout Design Registration Certificate issued by the State Intellectual Property Office shall include the following particulars:

　　1. the name and address of the holder of the rights in the Layout Design;

　　2. the title of the Layout Design;

　　3. if commercial exploitation of the Layout Design commenced before the application date, the time when it was first exploited commercially;

　　4. the application date and the date of completion of the creation of the Layout Design;

　　5. the date of issuance of the certificate for the Layout Design;

　　6. the Layout Design's registration number; and

　　7. the seal of the State Intellectual Property Office and the signature of the person in charge.

　　Article 22　Corrections

　　If the State Intellectual Property Office makes an error in the public announcement for a Layout Design, it shall correct such error promptly upon discovery and publicly announce such correction.

　　PART THREE　RE-EXAMINATION AND REVIEW OF APPLICATIONS FOR THE REGISTRATION OF LAYOUT DESIGNS AND REVOCATION OF PROPRIETARY RIGHTS

　　Article 23　Re-examination and Revocation Authority

　　The Patent Re-examination Board of the State Intellectual Property Office (the Patent Re-examination Board) is responsible for examining petitions for re-examination submitted by applicants dissatisfied with the State Intellectual Property Office's decision to reject their applications for the registration of Layout Designs and the examination of cases concerning the revocation of proprietary rights in Layout Designs.

　　Article 24　Petition for Re-examination

　　When petitioning the Patent Re-examination Board for re-examination, a written petition for re-examination, stating the reasons therefor shall be submitted accompanied, if necessary, by the relevant evidence. If the written petition for re-examination fails to satisfy the relevant provisions of Article 19 of the Regulations, the Patent Re-examination Board shall not accept such petition.

　　If a petition for re-examination

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