Chapter III Examination and Approval of Application for Patent

　　Article 38 Where any of the following events occurs, a person who makes examination or hears a case in the procedures of preliminary examination, examination as to substance, reexamination or invalidation shall, on his own initiative or upon the request of the parties concerned or any other interested person, be excluded from exercising his functions:

　　（1） where he is a near relative of the party concerned or of the latter's agent;

　　（2） where he has an interest in the application for patent or the patent right;

　　（3） where he has any other kind of relations with the party concerned or with the latter's agent that may influence impartial² examination and hearing.

　　（4） where he is a member of the Patent Reexamination Board who has ever taken part in the examination of the same initial application.

　　Article 39 Upon the receipt of an application for a patent for invention or utility model consisting of a request, a description （drawings must be included in an application for utility model） and one or more claims, or an application for a patent for design consisting of a request and one or more drawings or photographs showing the design, the patent administration department under the State Council shall accord the date of filing, issue a filing number, and notify the applicant³.

　　Article 40 In any of the following circumstances, the patent administration department under the State Council shall refuse to accept the application document and notify the applicant accordingly:

　　（1） where the application for a patent for invention or utility model does not contain a request, a description （the description of utility model does not contain drawings） or claims, or the application for a patent for design does not contain a request, drawings or photographs;

　　（2） where the application document is not written in Chinese;

　　（3） where the application document is not in conformity⁴ with the provisions of Article 120, paragraph one of these Rules;

　　（4） where the request does not contain the name or title and address of the applicant;

　　（5） where the application document is obviously not in conformity with the provisions of Article 18, or of Article l9, paragraph one of the Patent Law;

　　（6） where the category of the application for a patent （patent for invention, utility model or design）is not clear and definite or cannot be ascertained⁵.

　　Article 41 Where the description states that it contains explanatory notes to the drawings but the drawings or part of them are missing, the applicant shall, within the time limit specified⁶ by the patent administration department under the State Council, either furnish the drawings or make a declaration for the deletion of the explanatory notes to the drawings. If the drawings are submitted later, the date of their delivery at, or mailing to, the patent administration department under the State Council shall be the date of filing of the application; if the explanatory notes to the drawings are to be deleted, the initial date of filing shall be retained.

　　Article 42 Where an application for a patent contains two or more inventions, utility models or designs, the applicant may, before the expiration⁷ of the time limit provided for in Article 54, paragraph one of these Rules, submit to the patent administration department under the State Council a divisional application. However, where an application for patent has been rejected or withdrawn⁸ or is deemed to have been withdrawn, no divisional application may be filed.

　　If the patent administration department under the State Council finds that an application for a patent is not in conformity with the provisions of Article 3l of the Patent Law or of Article 35 or 36 of these Rules, it shall invite the applicant to amend⁹ the application within a specified time limit; if the applicant fails to make any response after the expiration of the specified time limit, the application shall be deemed to have been withdrawn.

　　The divisional application may not change the category of the initial application.

　　Article 43 For a divisional application which is filed in accordance with the provisions of Article 42 of these Rules, the initial date of filing may be retained; if the priority is claimed, the priority date of the initial application may be retained, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application.

　　The divisional application shall go through all the formalities in accordance with the provisions of the Patent Law and these Rules.

　　The filing number and the date of filing of the initial application shall be indicated in the request of the divisional application. When a divisional application is filed, it shall be accompanied by a copy of the initial application document; if priority is claimed for the initial application, a copy of the priority document of the initial application shall also be submitted.

　　Article 44 "Preliminary examination" referred to in Articles 34 and 40 of the Patent Law means the examination of an application for a patent to see whether or not it contains the documents provided for in Article 26 or 27 of the Patent Law and other necessary documents, and whether or not those documents are in the prescribed form; such examination shall also include the following:

　　（1） whether or not any application for a patent for invention obviously falls under Article 5 or 25 of the Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraph one, or is obviously not in conformity with the provisions of Article 3l, paragraph one, or Article 33 of the Patent Law or of Article 2, paragraph one, or Article 18, or Article 20 of these Rules;

　　（2） whether or not any application for a patent for utility model obviously falls under Article 5 or 25 of the Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraph one of the Patent Law, or is obviously not in conformity with the provisions of Article 26, paragraph three or four, or of Article 3l, paragraph one, or Article 33 of the Patent Law or of Article 2, paragraph two, or of Article l3, paragraph one, or of Articles l8 to 23, or of Article 43, paragraph one of these Rules, or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;

　　（3） whether or not any application for a patent for design obviously falls under Article 5 of the Patent Law, or is not in conformity with the provisions of Article l8 or of Article l9, paragraph one of the Patent Law, or is obviously not in conformity with the provisions of Article 3l, paragraph two, or of Article 33 of the Patent Law, or of Article 2, paragraph three, or of Article l3, paragraph one, or of Article 43, paragraph one of these Rules, or is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law.

　　The patent administration department under the State Council shall notify the applicant of its opinions after examining his or its application and invite him or it to state his or its observations or to correct his or its application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or its observations or the corrections, the patent administration department under the State Council still finds that the application is not in conformity with the provisions in the preceding paragraph, the application shall be rejected.

　　Article 45 Apart from the application for patent, any document relating to the patent application, which the applicant has submitted to the patent administration department under the State Council, shall be deemed not to have been submitted in any of the following circumstances:

　　（1） where the document is not presented in the prescribed form or the indications therein are not in conformity with the provisions;

　　（2） where no certifying¹⁰ document is submitted as prescribed.

　　The patent administration department under the State Council shall notify the applicant of its examination opinion that the document is deemed not to have been submitted.

　　Article 46 Where the applicant requests an earlier publication of its or his application for a patent for invention, a statement shall be made to the patent administration department under the State Council. The patent administration department under the State Council shall, after preliminary examination of the application, publicize it immediately, unless it is to be rejected.

　　Article 47 The applicant shall, when indicating in accordance with the provisions of Article 27 of the Patent Law the product incorporating the design and the class to which that product belongs, refer to the classification of products for designs publicized by the patent administration department under the State Council. Where no indication, or an incorrect indication, of the class to which the product incorporating the design belongs is made, the patent administration department under the State Council shall supply the indication or correct it.

　　Article 48 Any person may, from the date of publication of an application for a patent for invention till the date of announcing the grant of the patent right, submit to the patent administration department under the State Council his observations, with the reasons therefor, on the application which is not in conformity with the provisions of the Patent Law.

　　Article 49 Where the applicant for a patent for invention cannot furnish, for justified¹² reasons, the documents concerning any search or result of any examination specified in Article 36 of the Patent Law, it or he shall make a statement to the patent administration department under the State Council and submit them when the said documents are available.

　　Article 50 The patent administration department under the State Council shall, when proceeding¹³ on its own initiative to examine an application for a patent in accordance with the provisions of Article 35, paragraph two of the Patent Law, notify the applicant accordingly.

　　Article 5l When requesting for examination as to substance or within three months after the receipt of the notification of the patent administration department under the State Council that the application has entered into examination as to substance, the applicant for a patent for invention may amend the application for a patent for invention on its or his own initiative.

　　Within two months from the date of filing, the applicant for a patent for utility model or design may amend the application for a patent for utility model or design on its or his own initiative.

　　Where the applicant amends¹⁴ the application after receiving the notification of opinions of the examination as to substance of the patent administration department under the State Council, he or it shall make the amendment¹⁵ as required by the notification.

　　The patent administration department under the State Council may, on its own initiative, correct the obvious clerical mistakes and symbol mistakes in the documents of application for a patent. Where the patent administration department under the State Council corrects mistakes on its own initiative, it shall notify the applicant.

　　Article 52 When an amendment to the description or the claims in an application for a patent for invention or utility model is made, a replacement¹⁶ sheet in prescribed form shall be submitted, unless the amendment concerns only the alteration¹⁷, insertion or deletion of a few words. Where an amendment to the drawings or photographs of an application for a patent for design is made, a replacement sheet shall be submitted as prescribed.

　　Article 53 In accordance with the provisions of Article 38 of the Patent Law, the circumstances in which an application for patent for invention shall be rejected by the patent administration department under the State Council after examination as to substance are as follows:

　　（1） where the application does not comply with the provisions of Article 2, paragraph one of these Rules;

　　（2） where the application falls under the provisions of Article 5 or 25 of the Patent Law, or it does not comply with the provisions of Article 22 of the Patent Law or of Article l3, paragraph one, or of Article 20, paragraph one, or of Article 21, paragraph two of these Rules, or the applicant is not entitled to a patent right in accordance with the provisions of Article 9 of the Patent Law;

　　（3） where the application does not comply with the provisions of Article 26, paragraph three or four, or of Article 3l, paragraph one of the Patent Law;

　　（4） where the amendment to the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Article 43, paragraph one of these Rules.

　　Article 54 After the patent administration department under the State Council issues the notification to grant the patent right, the applicant shall go through the formalities of registration¹⁸ within two months from the date of receipt of the notification. If the applicant completes the formalities of registration within the said time limit, the patent administration department under the State Council shall grant the patent right, issue the patent certificate and make an announcement.

　　If the applicant does not go through the formalities of registration within the time limit, he or it shall be deemed to have abandoned its or his right to obtain the patent right.

　　Article 55 After the announcement of the decision to grant a patent for utility model, the patentee of the said patent for utility model may request the patent administration department under the State Council to make a search report on the utility model patent.

　　Where such person requests for a search report on a utility model patent, he shall submit a request, indicating the patent number of the said patent for utility model. Each request shall be limited for one patent for utility model.

　　After receiving a request for a search report on a utility model patent, the patent administration department under the State Council shall proceed to make an examination of the request. Where the request does not comply with the requirements as prescribed, the said department shall notify the person making the request to amend the request within a specified time limit.

　　Article 56 Where, after examination, the request for a search report on a utility model patent complies with the provisions, the patent administration department under the State Council shall promptly¹⁹ make a search report on the utility model patent.

　　Where, after search, the patent administration department under the State Council finds that the patent for utility model concerned does not comply with the provisions of Article 22 of the Patent Law concerning novelty or inventiveness, it shall cite the documents considered to be relevant, state the reasons therefor and have the copies of the cited relevant documents attached.

　　Article 57 The patent administration department under the State Council shall promptly correct the mistakes in patent announcements and documents once they are discovered, and the corrections shall be announced.

　　Chapter IV Reexamination of Patent Application and Invalidation of Patent Right

　　Article 58 The Patent Reexamination Board shall consist of technical and legal experts appointed by the patent administration department under the State Council. The responsible person of the patent administration department under the State Council shall be the Director General of the Board.

　　Article 59 Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance with the provisions of Article 41 of the Patent Law, it or he shall file a request for reexamination, state the reasons and, when necessary, attach the relevant supporting documents.

　　Where the request for reexamination does not comply with the prescribed form, the person making the request shall rectify²¹ it within the time limit specified by the Patent Reexamination Board. If the person making the request fails to meet the time limit for making rectification²², the request for reexamination shall be deemed not to have been filed.

　　Article 60 The person making the request may amend its or his application at the time when it or he requests reexamination or makes responses to the reexamination notification of the Patent Reexamination Board. However, the amendments²³ shall be limited only to remove the defects pointed²⁰ out in the decision of rejection²⁴ of the application, or in the reexamination notification.

　　The amendments to the application for patent shall be in two copies.

　　Article 61 The Patent Reexamination Board shall send the request for reexamination that the Board has received to the original examination department of the patent administration department under the State Council for examination. Where the original examination department agrees to revoke²⁵ its original decision upon the request of the person requesting reexamination, the Patent Reexamination Board shall make a decision accordingly and notify the person making the request.

　　Article 62 Where, after reexamination, the Patent Reexamination Board finds that the request does not comply with the provisions of the Patent Law and these Rules, it shall notify the person requesting reexamination to submit his observations within a specified time limit. If the time limit for making response is not met, the request for reexamination shall be deemed to have been withdrawn. Where, after the person requesting reexamination has made its observations and amendments, the Patent Reexamination Board still finds that the request does not comply with the provisions of the Patent Law and these Rules, it shall make a decision of reexamination to maintain the earlier decision rejecting the application for patent.

　　Where, after reexamination, the Patent Reexamination Board finds that the decision rejecting the application for patent does not comply with the provisions of the Patent Law and these Rules, or that the amended²⁶ application has removed the defects as pointed out by the decision rejecting the application, it shall make a decision to revoke the decision rejecting the application for patent, and ask the original examination department to continue the examination procedure.

　　Article 63 At any time before the Patent Reexamination Board makes its decision on the request for reexamination, the person making the request may withdraw his request for reexamination.

　　Where the person making the request withdraws his request for reexamination before the Patent Reexamination Board makes its decision, the procedure of reexamination is terminated.

　　Article 64 Anyone requesting invalidation or part invalidation of a patent right in accordance with the provisions of Article 45 of the Patent Law shall submit a request and necessary evidence in two copies. The request for invalidation shall state in detail the grounds for filing the request for invalidation, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based.

　　The grounds on which the request for invalidation is based, referred to in the preceding paragraph, mean that the invention-creation for which the patent right is granted does not comply with the provisions of Article 22 or 23, or of Article 26, paragraph three or four, or of Article 33 of the Patent Law, or of Article 2, or of Article l3, paragraph one, or of Article 20, paragraph one, or of Article 21, paragraph two of these Rules; or it falls under the provisions of Article 5 or 25 of the Patent Law; or the person is not entitled to be granted the patent right in accordance with the provisions of Article 9 of the Patent Law.

　　Article 65 Where the request for invalidation does not comply with the provisions of Article 64 of these Rules, the Patent Reexamination Board shall not accept it.

　　Where, after a decision on any request for invalidation of the patent right is made, invalidation based on the same facts and evidence is requested once again, the Patent Reexamination Board shall not accept it.

　　Where a request for invalidation of a patent for design is based on the ground that the patent for design is in conflict with a prior right of another person, if, however, no decision of settlement or no judgment²⁷ of any court which has entered into force to prove such conflict of rights has been submitted, the Patent Reexamination Board shall not accept it.

　　Where the request for invalidation of the patent right does not comply with the prescribed form, the person making the request shall rectify it within the time limit specified by the Patent Reexamination Board. If the rectification fails to be made within the time limit, the request for invalidation shall be deemed not to have been filed.

　　Article 66 After the Patent Reexamination Board has accepted a request for invalidation, the person making the request may add reasons or supplement proofs within one month from the date when the request for invalidation is filed. The Patent Reexamination Board may not take into account any additional reasons or supplementary²⁸ proofs that are submitted after the specified time limit.

　　Article 67 The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and copies of the relevant documents to the patentee and refuse it or him to present its or his observations within a specified time limit.

　　The patentee and the person making the request for invalidation shall, within the specified time limit, make responses to the notification concerning transmitted documents or the notification concerning the examination of the request for invalidation sent by the Patent Reexamination Board. Where no response is made within the specified time limit, the examination of the Patent Reexamination Board will not be affected²⁹.

　　Article 68 In the course of the examination of the request for invalidation, the patentee for patent for invention or utility model may amend its or his claims, but may not broaden the scope of patent protection.

　　The patentee for patent for invention or utility model may not amend its or his description or drawings. The patentee for patent for design may not amend its or his drawings, photographs or the brief explanation of the design.

　　Article 69 The Patent Reexamination Board may, at the request of the parties concerned or in accordance with the need of the case, decide to conduct oral proceedings³⁰ in respect of a request for invalidation.

　　Where the Patent Reexamination Board decides to conduct oral proceedings in respect of a request for invalidation, it shall send notification of oral proceedings to the parties concerned, indicating the date and place of the oral proceedings to be held. The parties concerned shall make response to the notification within the specified time limit.

　　Where the person requesting invalidation fails to make response to the notification of oral proceedings sent by the Patent Reexamination Board within the specified time limit, and fails to take part in the oral proceedings, the request for invalidation shall be deemed to have been withdrawn. Where the patentee fails to take part in the oral proceedings, the Patent Reexamination Board may proceed to examine by default.

　　Article 70 In the course of the examination in respect of a request for invalidation, the time limit specified by the Patent Reexamination Board shall not be extended.

　　Article 71 The person requesting invalidation may withdraw his request before the Patent Reexamination Board makes a decision on it.

　　Where the person requesting invalidation withdraws his request before the Patent Reexamination Board makes a decision on it, the examination of the request for invalidation is terminated.

　　Chapter V Compulsory³¹ License³² for Exploitation of Patent

　　Article 72 After the expiration of three years from the date of the grant of the patent right, any entity³³ may, in accordance with the provisions of Article 48 of the Patent Law, request the patent administration department under the State Council to grant a compulsory license.

　　Any entity requesting a compulsory license shall submit to the patent administration department under the State Council a request for compulsory license, state the reasons therefor, and attach relevant certifying documents each in two copies.

　　The patent administration department under the State Council shall send a copy of the request for compulsory license to the patentee, who shall make his or its observations within the time limit specified by the patent administration department under the State Council. Where no response is made within the time limit, the patent administration department under the State Council will not be affected in making a decision concerning a compulsory license.

　　The decision of the patent administration department under the State Council granting a compulsory license for exploitation shall limit the exploitation of the compulsory license to be predominately for the supply of the domestic market. Where the invention-creation involved in the compulsory license relates to the semi-conductor technology, the exploitation of the compulsory license shall be limited only for public non-commercial use or to remedy a practice determined³⁴ after judicial³⁵ or administrative³⁶ process to be anti-competitive.

　　Article 73 Where any entity or individual requests, in accordance with the provisions of Article 54 of the Patent Law, the patent administration department under the State Council to adjudicate the fees for exploitation, it or he shall submit a request for adjudication and furnish documents showing that the parties concerned have not been able to conclude an agreement in respect of the amount of the exploitation fee. The patent administration department under the State Council shall make an adjudication within three months from the date of receipt of the request and notify the parties concerned accordingly.

　　Chapter VI Reward and Remuneration of Inventors or Creators of Service Inventions-Creations

　　Article 74 The State-owned enterprise or institution to which a patent right is granted shall, within three months from the date of the announcement of the grant of the patent right, offer a reward to the inventor or creator of a service invention-creation. The reward for a patent for invention shall not be less than 2000 yuan; the reward for a patent for utility model or design shall not be less than 500 yuan.

　　Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the State-owned enterprise or institution to which a patent right is granted shall offer a reward to him on favorable terms.

　　For the reward to the inventor or creator, the enterprise may have it included into its production cost, and the institution may have it disbursed³⁷ out of its operating expenses.

　　Article 75 The State-owned enterprise or institution to which a patent right is granted shall, after exploiting the patent for invention-creation within the duration of the patent right, draw each year from the profits after taxation³⁸ earned from exploitation of the invention or utility model a percentage of not less than 2%, or from the profits after taxation earned from exploitation of the design a percentage of not less than 0.2%, and award it to the inventor or creator as remuneration. The entity may, as an alternative, by making reference to the said percentage, award a lump sum of money to the inventor or creator as remuneration once and for all.

　　Article 76 Where any State-owned enterprise or institution to which a patent right is granted authorizes³⁹ any other entity or individual to exploit its patent, it shall draw from the fees it receives for exploitation of the said patent after taxation a percentage of not less than 10% and award it to the inventor or creator as remuneration.

　　Article 77 The provisions of this Chapter may be implemented⁴⁰ by any other Chinese entity by making reference thereto.

　　Chapter VII Protection of Patent Right

　　Article 78 The administrative authority for patent affairs referred to in the Patent Law and these Rules means the department responsible for the administrative work concerning patent affairs set up by the people's government of any province, autonomous⁴¹ region, or municipality directly under the Central Government or by the people's government of any city divided into districts which has a large amount of patent administration work to attend to and has the ability to deal with the matter.

　　Article 79 In addition to the provisions of Article 57 of the Patent Law, the administrative authority for patent affairs may also mediate¹¹ in the following patent disputes at the request of the parties concerned:

　　（1） any dispute over the ownership of the right to apply for patent and the patent right;

　　（2） any dispute over the qualification of the inventor or creator;

　　（3） any dispute over the reward and remuneration of the inventor or creator of a service invention-creation;

　　（4） any dispute over the appropriate fee to be paid for the exploitation of an invention after the publication of the application for patent but before the grant of patent right.

　　In respect of the dispute referred to in subparagraph （4）, where the patentee requests the administrative authority for patent affairs to mediate, the request shall be made after the grant of the patent right.

　　Article 80 The patent administration department under the State Council shall provide professional guidance to the administrative authorities for patent affairs in handling and mediating⁴² patent disputes.

　　Article 81 Where any party concerned requests for handling or mediation⁴³ of a patent dispute, it shall fall under the jurisdiction⁴⁴ of the administrative authority for patent affairs of the place where the requested party has his location or where the act of infringement⁴⁵ takes place.

　　Where two or more administrative authorities for patent affairs all have jurisdiction over a patent dispute, the party concerned may file his or its request with one of them. Where requests are filed with two or more administrative authorities for patent affairs, the administrative authority for patent affairs that first accepts the request shall have jurisdiction.

　　Where administrative authorities for patent affairs have a dispute over their jurisdiction, the administrative authority for patent affairs of their common higher level people's government shall designate the administrative authority for patent affairs to exercise the jurisdiction; if there is no such administrative authority for patent affairs of their common higher level people's government, the patent administration department under the State Council shall designate the administrative authority for patent affairs to exercise the jurisdiction.

　　Article 82 Where, in the course of handling a patent infringement dispute, the defendant⁴⁶ requests invalidation of the patent right and his request is accepted by the Patent Reexamination Board, he may request the administrative authority for patent affairs to suspend from handling the matter.

　　If the administrative authority for patent affairs considers that the reasons set forth⁴⁷ by the defendant for the suspension are obviously untenable, it may not suspend from handling the matter.

　　Article 83 Where any patentee affixes⁴⁹ a patent marking on the patented product or on the package of that product in accordance with the provisions of Article 15 of the Patent Law, he or it shall make the affixation⁵⁰ in the manner as prescribed by the patent administration department under the State Council.

　　Article 84 Any of the following acts is an act of passing off the patent of another person as one's own:

　　（1） without authorization⁵¹, indicating the patent number of another person on the product made or sold by oneself or on the package of the said product;

　　（2） without authorization, using the patent number of another person in the advertisement or in any other promotional materials, so as to mislead other persons to regard the technology concerned as the patented technology of another person;

　　（3） without authorization, using the patent number of another person in the contract, so as to mislead other persons to regard the technology referred to in the contract as the patented technology of another person;

　　（4） counterfeiting⁵² or transforming any patent certificate, patent document or patent application document of another person.

　　Article 85 Any of the following acts is an act of passing a non-patented product off as patented product or passing a non-patented process off as patented process:

　　（1） making or selling non-patented products which are affixed⁵³ with patent marking;

　　（2） continuing to affix⁴⁸ patent marking on the products that are made or sold after the patent right concerned has been declared invalid¹;

　　（3） addressing any non-patented technology as patented technology in the advertisements or in any other promotional materials;

　　（4） stating any non-patented technology as patented technology in any contract;

　　（5） counterfeiting or transforming any patent certificate, patent document or patent application document.

　　Article 86 Any party concerned to a dispute over the ownership of the right to apply for a patent or the patent right which is pending⁵⁴ before the administrative authority for patent affairs or the people's court, may request the patent administration department under the State Council to suspend the relevant procedures.

　　The party requesting the suspension of the relevant procedures in accordance with the preceding paragraph, shall submit a written request to the patent administration department under the State Council, and attach a copy of the document acknowledging the receipt of the relevant request by the administrative authority for patent affairs or the people's court.

　　After the decision made by the administrative authority for patent affairs or the judgment rendered by the people's court has entered into force, the parties concerned shall request the patent administration department under the State Council to resume the suspended procedure. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent right, and it is necessary to continue the suspension, the party making the request shall, within the said time limit, request to extend the suspension. If, at the expiration of the said time limit, no such request for extension is filed, the patent administration department under the State Council shall resume the procedure on its own initiative.

　　Article 87 Where, in hearing civil cases, the people's court has ordered the adoption⁵⁵ of measures for a patent right preservation⁵⁶, the patent administration department under the State Council, for the purpose of assisting the execution of the order, shall suspend the relevant procedure concerning the preserved patent right. At the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the patent administration department under the State Council shall resume the relevant procedure on its own initiative.

　　Chapter VIII Patent Registration and Patent Gazette

　　Article 88 The patent administration department under the State Council shall keep a Patent Register in which the registration of the following matters relating to patent application or patent right shall be made:

　　（1） any grant of the patent right;

　　（2） any transfer of the patent application right or the patent right;

　　（3） any pledge and preservation of the patent right and their discharge;

　　（4） any patent license contract for exploitation submitted for the record;

　　（5） any invalidation of the patent right;

　　（6） any cessation of the patent right;

　　（7） any restoration of the patent right;

　　（8） any compulsory license for exploitation of the patent;

　　（9） any change in the name, nationality and address of the patentee.

　　Article 89 The patent administration department under the State Council shall publish the Patent Gazette at regular intervals⁵⁷, publicizing or announcing the following:

　　（1） the bibliographic⁵⁸ data contained in patent applications;

　　（2） the abstract of the description of an invention or utility model, the drawings or photographs of a design and its brief explanation;

　　（3） any request for examination as to substance of an application for a patent for invention and any decision made by the patent administration department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention;

　　（4） any declassification⁵⁹ of secret patents;

　　（5） any rejection, withdrawal⁶⁰ and deemed withdrawal of an application for a patent for invention after its publication;

　　（6） any grant of the patent right;

　　（7） any invalidation of the patent right;

　　（8） any cessation of the patent right;

　　（9） any transfer of the patent application right or the patent right;

　　（10） any patent license contract for exploitation submitted for the record;

　　（11） any pledge and preservation of the patent right and their discharge;

　　（12） any grant of compulsory license for exploitation of the patent;

　　（13） any restoration of a patent application or patent right;

　　（14） any change in the name or address of the patentee;

　　（15） any notification to a party whose address is not known;

　　（16） any correction made by the patent administration department under the State Council; and

　　（17） any other related matters.

　　The description and its drawings, and the claims of an application for a patent for invention or utility model shall be separately published in full text by the patent administration department under the State Council

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