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Chinese Laws and Regulations
Notice on Relevant Proceedings of Electronic Patent Application

For the convenience of applicants to submit electronic patent applications (hereinafter electronic applications) and further improving the efficiency of examining and approving electronic applications, now relevant proceedings of electronic applications are on notice as follows:

Article 1 Where an applicant goes through various formalities of electronic application, for the relevant documents which shall be submitted in original form ruled by the Patent Law, its Implementing Regulations or the Guidelines for Patent Examination, he/it may submit electronic scanning documents of the originals. The Patent Office may, when necessary, require the applicant to submit the originals within the specified time limit.
 
Article 2 Where an applicant submits relevant certifying documents for a reduction or postponement of the payment ruled by the Implementing Regulations of the Patent Law when making an electronic application, He/it should submit the electronic scanning documents of the originals of the certifying documents at the same time. The relevant certifying documents shall be deemed not being submitted in case the electronic scanning documents are not submitted.   

Article 3 Where an applicant, who has gone through the formalities of reducing and postponing payment in accordance with the provisions of Article 2 and has deposited the general power of attorney with the Patent Office, can fill out the electronic template of the power of patent attorney by the electronic application client and check the relevant statement, no relevant electronic scanning documents of the power of patent attorney need to be submitted, but the electronic scanning documents of certifying documents for reduction or postponement of the payment shall be submitted simultaneously.

Article 4 For electronic applications related to nucleotide or amino acid sequences, the sequence list in prescribed form may be submitted directly by the electronic application client, no relevant optical disc or floppy disk need to be submitted.

Article 5 For a divisional application, an applicant shall not submit a copy of the application documents of the initial application or a copy of the international publication of the initial application when submitting electronic applications. The Patent Office may, when necessary, require the applicant to submit the copies. 

 The notice shall enter into force on August 16, 2010. For the electronic applications for which the Patent Office has previously issued relevant notifications, the applicant shall apply in accordance with the requirements of the notification.

 

     Hereby notified.

Patent Office of the State Intellectual Property Office

August 11, 2010

All China Patent Agents Association