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Chinese Laws and Regulations
Notice on the Intensive Promotion of Electronic Patent Application

Issued by State Intellectual Property Office [2010] No. 98 

All intellectual property offices of all provinces, autonomous regions, municipalities directly under the central government, municipalities with independent planning status, Xinjiang Production and Construction Corps and sub-provincial cities:
The Intensive Promotion of Electronic Patent Applications (hereinafter electronic application) is an important measure of implementing the national intellectual property strategy, and is also a key job of our bureau. In order to promote the electronic application well and fully exert the important role of all intellectual property offices in the promotion of electronic application, relevant matters are hereby specified as follows:
Article 1 Be fully aware of the important significance of the promotion of electronic application
Since our country implemented electronic application in 2004, electronic application has been playing an increasingly important role in patent application. This year, “Promotion of Electronic Application” has been definitely listed in Plan for Implementation and Promotion of National Intellectual Property Strategy in 2010, and has become an indispensable part of implementing the National Intellectual Property Strategy. The promotion and popularization of electronic application are conducive to the promotion of our international prestige with regard to intellectual property and the right to speak in participation in international patent cooperation affairs; are conducive to further improvement of our efficiency of submitting, examining and approving patents, reduction of social costs and realization of multi-wins; are conducive to the improvement of public service level and consciousness of innovation of competent intellectual property departments at all levels and further advancement of the construction of the service-oriented government. Intellectual property offices in different places shall pay high attention, further strengthen the organization and leading, and vigorously carry out the promotion of electronic application.
Article 2 Formulate and implement policy measures to the advantage of electronic application as soon as possible
Intellectual property offices in different places shall further strengthen the construction of the policy environment, conditions and capacity of electronic application, actively conduct to research and formulate policy measures to the advantage of the electronic application, try to create a social atmosphere beneficiary to the promotion of electronic application, eliminate regulations or clauses in local patent support policies which obstacle the promotion of electronic application in an all-round way, impel the potential of electronic application to be fully exerted, improve local monthly electronic application rate to above 50% by the end of this year, and strive to reach 70% or so. Our bureau shall further strengthen the coordination and service, and actively promote the carrying out of policies on electronic application in different places.
Article 3 Strengthen the publicity and training of electronic application
Intellectual property offices in different places shall conduct to research and formulate plans for promoting electronic application as soon as possible, and with the publicity and training of electronic application as the focus and penetration point, advance the promotion of electronic application in an all-round way. Currently, the role in organization and coordination shall be fully exerted, channels and means of publicity and training of electronic application shall be further expanded, and plans for publicity and training of electronic application shall be timely formulated and carried out. Our bureau will, when necessary, give necessary supports, including sending business performers to communicate and learn each other, developing remote video teaching and on-site communication and guide and so on.
Article 4 Actively plan and especially promote “Two Transformations”
Intellectual property offices in different places shall conduct deeper investigation and survey, further innovate in working ideas, methods and means, and especially promote “Two Transformations”. On the one hand is to improve local enterprises and public institutions, especially large-scale enterprises and public institutions’ knowledge of electronic application, promote their patent application awareness, and realize the transformation from paper form application into electronic application as soon as possible; on the other hand is to mobilize the initiative of local patent agencies in electronic application, promote their working style, and realize the transformation from paper form application into electronic application as soon as possible. The top priority is to fully exert the leading and radiation role of local leading enterprises, key enterprises and large-scale patent agencies, and advance local promotion of electronic application in an all-round way.
Article 5 Fully exert the role of local patent receiving agencies and do well all guarantee work
All local patent receiving agencies are not only window departments engaged in patent application services which are established in different places with the approval of the State Intellectual Property Office, but also are important parts or work handles of intellectual property offices in different places. With the development of electronic application, all local patent receiving agencies have successively developed a batch of new businesses, such as registration of electronic application users, manual acceptance of electronic application and so on, with their role being highlighted. All relevant intellectual property offices shall fully exert local patent receiving agencies’ role of “First-line service”, make use of their distinctive resources and advantages to extensively popularize electronic application among social publics, provide necessary supports when necessary, and guarantee  local patent receiving agencies to do well businesses related to electronic application and service work.
    

Hereby notified.


 August 23, 2010

All China Patent Agents Association