The amended Implementing Rules of the Patent Law and Patent Examination Guidelines amended according to the new Patent Law will be implemented as of Feb 1, 2010. The following is a brief introduction to some of the amendments in the Patent Examination Guidelines related to the procedures for patent applications. 

I.  Amendments on the process for patent applications：
1、Foreign-Related Cases
All patent agencies are allowed to handle foreign-related cases, instead of only foreign agencies as before. 

2、Legalization of Documents
The copies of certification documents formed abroad do not need to be legalized but can simply be notarized. 

3、Service scope of the representative offices of the Patent Bureau

Previously the representative offices around China of the Patent Bureau could not accept foreign related applications, divisional applications, applications claiming domestic priority, or other documents submitted after the filing date.  Those limitations have been canceled in the amended guidelines.  The service scope of the representative offices is now the same as that of the case-acceptance department of the Patent Bureau. 

4、Fees
The amendments with respect to fees include the following: 
1) Cancellation of the maintenance fee, fee for suspending procedure, fee for compulsory license, and fee for the ruling on compulsory license; 
2) The refund period is extended to 3 years;
3) An application for the refund of fees can be made for the loss of a right due to insufficient payment of fees or expiration of payment deadline;
4) The deadline for the payment of the application fee is now 2 months from the filing date or 15 days upon the receipt of notice. 

5、Time Limits
The amendments with respect to time limits include the following: 
1) If the expiration date is a holiday, it can be extended to the first day after that holiday. If the extended day is Saturday or Sunday, it can be extended again to the next working day.
2) The application for resuming a right based on force majeure must be submitted with a certification for such force majeure
3) In the application for resuming a right, the applicant shall be granted more chances to supplement the resuming procedures. 

II、Amendments related to PCT applications entering into China

1、Determination of the means of submission, place of submission and date of submission
In the amended Patent Examination Guidelines, the determination of the means, place and date of submission of PCT applications entering China is the same as that of domestic applications.
(Previously, the PCT application was submitted by fax and mail and the submission date was the same as the receiving date)

2、Timing of submission of amended translation
The amended translation can be submitted within 2 months after the entering date
(Previously it was the date of publication of completion of preparation work, which was unclear)

3、Amendment to the translated name of inventor(s) and applicant(s)

If the translated name is completed after the publication of completion of preparation work and amendments to the translated name of the inventor or applicant are required, it shall be handled through the process of changing bibliographical items (Previously it was handled through the procedure of correction of translation)

4、Time limits for the amendment of utility model patents

With respect to international applications for a utility model patent right, the applicant may request amendments within 2 months upon the entering date (Previously, it was 1 month).

5、Statement for claiming priority
1)   The Patent Bureau does not accept the priority of international applications resumed from the international stage, and the relevant priority is not effective in China. 

2)  The time limit for the payment of fees for requesting priority and for requesting correction of priority claims is changed to 2 months from the entering date (The processing fee is canceled). The process for entering into national stage is more flexible.

3) The provisions concerning the request for resuming priority after entering the national stage are supplemented. The time limit for resuming priority is changed to 2 months upon the entering date

6、Cited Contents
When the international stage or the national stage for part of an international application includes a cited item, the applicant shall indicate in the entering statement whether the application contains the cited item or part. 

Applications including cited items or parts shall be handled according to the following means:

1) If the applicant indicates in the entering statement that the application contains a cited item or parts and the applicant agrees to change the international filing date with respect to China, the examiner shall re-confirm the filing date of this international application in China; if the filing date is 12 months beyond the priority date due to re-confirmation of the filing date, the examiner shall issue a notice deeming that this claim does not claim priority.

2) If the applicant indicates in the entering statement that the application contains no cited items or parts, the original international filing date will be reserved.  In the subsequent procedure, the applicant can not reserve the cited items or parts by requesting to amend the international filing date with respect to China

※Please feel free to contact us if you have any questions
（Responsible person for text：Mr. Aizawa）

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