Decision of the State Council on Amending the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Decision of the State Council on Amending the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Order of the State Council No.368

December 28, 2002

The Decision of the State Council on Amending the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China is hereby promulgated and shall come into force as of February 1, 2003.

Premier, Zhu Rongji

The State Council hereby decides to make the following amendments to the Implementing Rules of the Patent Law of the People's Republic of China as promulgated on June 15, 2001:

Article 1 Article 101 shall be revised to read as "An applicant filing an international application shall, within 30 months as of the priority date as mentioned in Article 2 of the Patent Cooperation Treaty (which is referred to as "priority date" in this Chapter), apply for going through the following formalities for the international application to enter the National Phase in China to the administrative department for patent under the State Council:
1.submitting a written declaration on the international application to enter the National Phase in China, in which the international application number shall be indicated and the type of patent right which is required to be obtained, the name of the invention and innovation, the name of the applicant, the address of the applicant and the name of the inventor shall be indicated in Chinese; the above-mentioned contents shall be consistent with the records in the International Bureau;
2.
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