Recently, the State Intellectual Property Office issued the Notice on Adjusting the Handling Method of Some Patent Business, which mentioned that from January 26, 2023, when the parties handle online payment, they can use bank cards, WeChat, Alipay or corporate accounts to pay fees without paying fees.
Notice on Adjusting the Handling Method of Some Patent Business
In order to further improve the quality and efficiency of patent examination and provide efficient and convenient examination services for the public, the State Intellectual Property Office has decided to adjust the handling methods and examination rules of some patent businesses, as follows:
1. Clarification of the situation that the agency should be entrusted
From January 11, 2023, foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in the mainland of China shall entrust a patent agency to apply for a patent alone or as a representative. If there is no entrustment, it will not be accepted.
Individuals, enterprises or other organizations in Hong Kong, Macao or Taiwan that do not have a habitual residence or business office in the mainland of China shall entrust a patent agency to apply for a patent alone, or to apply for a patent as a representative. If no patent agency is entrusted, it shall not be accepted.
2. Submission method for administrative reconsideration of patent business
From January 11, 2023, the parties (including the applicant for administrative reconsideration and the third party) can submit an application for administrative reconsideration and various documents in electronic form. The applicant for administrative reconsideration can submit an application for administrative reconsideration through the "formalities handling" module of the patent business handling system, and the applicant for administrative reconsideration and the third party can submit an opinion statement (on administrative reconsideration) and other documents through the "opinion statement correction" module of the patent business handling system.
3. The submission method of PCT international application invoking the declaration of accession when entering the national phase of China
As of January 11, 2023, if the PCT international application contains the project or part of the project of accession by reference in the international phase, the applicant shall submit a statement of opinion at the same time as submitting the declaration of the international application for entering the national phase of China when going through the formalities for entering the national phase electronically. The opinion statement shall state:
(1) Whether the Chinese translation submitted includes the items or parts to be added by reference;
(2) If the project or part to be added by reference is included, the application date for requesting modification relative to China shall specify: the position of the project or part to be added by reference in the Description (pages), claims (pages), and drawings (pages), as well as the time of submitting the project or part to be added by reference in the international phase.
If the applicant does not request to modify the application date relative to China when going through the formalities for entering the national phase, it is not allowed to retain the project or part to be added by reference in the subsequent procedure by requesting to modify the application date relative to China.
4. Online payment method
From January 26, 2023, when the parties handle online payment, they can use bank cards, WeChat, Alipay or corporate accounts to pay fees without paying service fees.
5. Seal of notice and decision on the form of electronic documents
Since January 26, 2023, the notices and decisions issued by the State Intellectual Property Office in the form of electronic documents will have electronic seals and will no longer provide electronic signature services.
It is hereby notified.
State Intellectual Property Office
December 7, 2022