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PATENT RULES TO BE AMENDED



In preparation for the entry into force (expected 1 July 2004) of the amendments to the Patent Law promulgated on 6 February 2003, the Intellectual Property Office (IPO) is drafting amendments to the Patent Law Enforcement Rules. In the sec-ond half of July 2003 the IPO held public hear-ings to solicit opinions from various quarters. The expected main points of the amendments include the following:

  • To allow filing patent applications electroni-cally.


  • To define disclosure requirements for inven-tion and new utility model patent specifica-tions and claims.


  • To define disclosure requirements for new design patent specifications and drawings.


  • To set forth rules to determine the filing date in the event that pages are missing from a patent specification, or items are missing from the drawings.


  • To clarify that if a divisional application has been filed, the original application may not be converted to a different type.


  • To relax requirements for reporting the as-signment, licensing, or pledging of patent rights.


  • To define the required form of applications for new utility model technical reports.


  • To define the required content of new utility model technical reports.


  • To define the disclosure requirements for publication of an invention in the official patent gazette.


  • The amended rules are expected to take effect on 1 July 2004. We will closely follow the progress of the amendments and keep readers updated.
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