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The Guidelines for Patent File History Review have been amended as a result of the 2003 Patent Act amendment, and also took effect on 1 July 2004. The main points of the amendments are as follows:
After an invention patent application is laid open, applications may be made to review, transcribe, photograph, or photocopy the specification or drawings of the said patent application.
An assessor appointed by a court may apply to review the files.
Within 10 days after receiving an application for reviewing the file of a patent case, the (Intellectual Property Office) IPO should des-ignate a time and place for the file review and notify the applicant of the same. If the files are incomplete, or for other proper reasons, the IPO may designate a time and place for file review after the files and evidence are com-plete or the concerned reasons cease to exist, but it must notify the applicant of the reasons.
An applicant who withdraws his application for reviewing the files of a patent case, or who is unable to review the file at the appointed time, should inform the IPO in writing, by fax, or by telephone at least one day before the date of file review. If an applicant misses an ap-pointment, the IPO may schedule a new time and place for the file review.
An examination form of an invention or a new design patent case or an examination form of a new utility model patent technical report are not allowed for file review.
