Notice on adjusting the handling methods of some patent businesses

In order to further improve the quality and efficiency of patent examination and provide efficient and convenient examination services for the public, China National Intellectual Property Administration decided to adjust the handling methods and examination rules of some patent businesses, as follows:

1. About the situation that the agency should be entrusted.

From January 11, 2023, foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in the mainland of China should entrust a patent agency to apply for a patent alone or as a representative. Without authorization, it will not be accepted.

Individuals, enterprises or other organizations in Hongkong, Macau or Taiwan Province that have no habitual residence or business office in China Mainland shall entrust a patent agency to apply for a patent alone or as a representative. If a patent agency is not entrusted, it will not be accepted.

2. Submission methods for administrative reconsideration of patent business

From January 11, 2023, the parties (including the applicant for administrative reconsideration and the third party) can submit the application for administrative reconsideration and various documents in electronic form. The applicant for administrative reconsideration can submit an application for administrative reconsideration through the "formalities" module of the patent business handling system, and the applicant for administrative reconsideration and the third party can submit an opinion statement (about administrative reconsideration) and other documents through the "opinion statement correction" module of the patent business handling system.

3. On the submission method of invoking the declaration of accession when the PCT international application enters the national phase in China.

Since January 11, 2023, if the PCT international application contains items or parts that have been cited for joining in the international phase, the applicant shall submit a statement of opinions when going through the formalities of entering the national phase by electronic means. The statement of opinions shall state:

(1) Whether the Chinese translation submitted contains the cited items or parts;

(2) If the application date of China is requested to be revised, the position of the cited entry or part in the specification (page number), the claim (item number) and the appended drawings (page number) and the time when the international phase submitted the cited entry shall be stated.

If the applicant does not request to modify the application date relative to China when going through the formalities for entering the national phase, the project or part cited shall not be retained in the subsequent procedures by requesting to modify the application date relative to China.

4. About online payment methods

From January 26, 2023, when the parties handle online payment, they can use bank cards, WeChat, Alipay or corporate accounts to pay the fees without paying the handling fee.

5. Seal of notices and decisions in the form of electronic documents

Since January 26th, 2023, the notices and decisions in the form of electronic documents issued by China National Intellectual Property Administration have electronic seals, and electronic signature service is no longer provided.

I hereby inform you.

China National Intellectual Property Administration

December 7, 2022