1. Patent Legal Work

(1) Promulgation of the revised Implementing Rules of the Patent Law

The Implementing Rules of the Patent Law, as the most important supporting regulation, was a necessary condition for implementing the Patent Law. In accordance with the implementation of the revised patent law, SIPO had begun the preparation work of the revision of the Implementing Rules of the Patent Law since August 1999 and formulated the Opinions on the Revision of the Implementing Rules of the Patent Law according to the newly revised patent law. On the basis of widely soliciting opinions and suggestions from all walks of life, SIPO formulated the (provisional) Revision of the Implementing Rules of the Patent Law and submitted it to the State Council for review. After that, SIPO enthusiastically cooperated with the State Council on review, coordinated with opinions from all sides and successfully accomplished the task of the revision of the Implementing Rules of the Patent Law. Premier Zhu Rongji issued the No. 306 Order of the State Council and promulgated the Implementing Rules of the Patent Law of the People's Republic of China, which together with the newly revised Patent Law would enter into force on the 1st July, 2001.

The revision of the Implementing Rules of the Patent Law accorded with the revision of the Patent Law and the principles of improvement on patent procedures, perfection of patent protection and fulfilling the international obligations born by China. Comparing with the Implementing Rules of the Patent Law promulgated in 1992, the newly revised Implementing Rules of the Patent Law added 32 new articles, canceled 7 ones, and substantially amended 58 original ones, adding a new chapter which regulated the special procedures regarding international applications entering into the national phase.

(2) Revision of the Related Regulations

Revision and Promulgation of the Examination Guide

The revision of the Patent Law and its Implementing Rules brought great changes to the standard and procedure of patent examination. Therefore, SIPO had started to amend the Examination Guide since February 2000. On the basis of fully soliciting opinions and thoroughly discussing and debating on the amendment, SIPO finished three amending drafts successively and disclosed them on the government website. Furthermore, SIPO organized special meetings to solicit opinions and made amendments accordingly after the promulgation of the revised Implementing Rules of the Patent Law. On October 18th, 2001, Commissioner Wang Jingchuan issued the Commissioner Order to promulgate the Examination Guide.

The Formulation of the Measures on Patent Administrative Enforcement

To cooperate with the implementation of the newly revised Patent Law and its Implementing Rules and strengthen patent administrative enforcement work, on the basis of widely soliciting opinions and suggestions from all walks of life, SIPO formulated the Measures on Patent Administrative Enforcement, which regulated on the principle, procedures, investigation and obtaining evidence, legal responsibilities and so on of patent administrative enforcement. Commissioner Wang Jingchuan issued the Commissioner Order to promulgate the Regulations on December 17, 2001, which entered into force on the same day.

The Transitional Measures on the Implementation of the Revised Patent Law and its Implementing Rules

To accord with the implementation of the revised Patent Law and its Implementing Rules and solve the linking problems between the new and old laws, before the implementation of the newly revised Patent Law, SIPO had formed and promulgated the Transitional Measures on the Implementation of the Revised Patent Law and its Implementing Rules, which will be effective together with the revised Patent Law.

The Regulations on Assisting with Implementing Court Decisions of Property Preservation of Patent Application Rights

In order to guarantee the effective implementation of people's court decisions and assist with implementing court decisions of property preservation of patent application rights, SIPO promulgated the Regulations on Assisting with Implementing Court Decisions of Property Preservation of Patent Application Rights.

(3) Meeting the Needs of China's Accession to WTO and Fulfilling the According Obligations

China formally acceded to the World Trade Organization on December 11, 2001. In order to take up the international obligations of China and fulfil the article 70 of TRIPS, SIPO made regulations on the extension of protection term of some patents for inventions.

To meet the needs of China's accession to WTO, SIPO promulgated to annul some regulations.

2. Administration on Patent Agencies

(1) Accomplishing the Examination Enrollment of Patent Agents

According to the decision of the Patent Agent Examination Committee, SIPO issued 370 Patent Agent Certificates to those who passed the exam and accomplished the work of 2000 patent agent qualification examination.

(2) Restructuring Work of Patent Agencies

On January 8th, SIPO circulated the Notice of the Social Intermediary Leading Team on Economic Certification Class under the State Council for approving the Implementing Opinions for the Restructuring of Patent Agencies. In the middle of January, SIPO held the National Meeting on Restructuring of Patent Agencies in Beijing to specify and explain the Implementing Opinions for the Restructuring of Patent Agencies and made clear regulations regarding some specific questions raised by participants. The nationwide restructuring work of patent agencies was formally launched.

On September 24th, the Ministry of Science and Technology, the State Council Clearance Leading Team and SIPO co-issued the Notice of Promoting the Restructuring Work of Patent Agencies under Local Bureaus of Science and Technology to push forward the restructuring work of patent agencies over the country. In November, according to the feed back from the State Council Clearance Leading Team, SIPO released the Notice on Checking and Accepting Restructured Patent Agencies requiring all provinces to accomplish the restructuring of patent agencies and the checking and accepting work. Up to the end of December, 204 patent agencies finished the restructuring and changed the registration accordingly; 47 applied to SIPO for rescinding and obtained approval, which were written off from the registration; 245 made name searching of new agencies and registration.

3. Protection of Layout Designs of Integrated Circuits

(1) The Implementation of the Protection Regulations on Layout Designs of Integrated Circuits

In order to meet the needs of current integrated circuits industry in China, further improve and perfect China's intellectual property protection system, and accord with the regulations of TRIPS and other international agreement, the State Council began the preparation work of formulating the Protection Regulations on Layout Designs of Integrated Circuits. On March 28, 2001, the State Council held the conference of the 36th Standing Committee to review and pass the Protection Regulations on Layout Designs of Integrated Circuits, which entered into force on October 1st. The Regulations standardized on the subject matter of protection, conditions for obtaining exclusive rights on layout Designs of integrated circuits, term and content of the exclusive rights, limitation on rights and protection methods.

(2) Formulating the Implementing Rules of the Protection Regulations on Layout Designs of Integrated Circuits

To guarantee the smooth implementation of the Protection Regulations on Layout Designs of Integrated Circuits, SIPO formulated the Implementing Rules of the Protection Regulations on Layout Designs of Integrated Circuits. On September 18th, Commissioner Wang Jingchuan issued the Commissioner Order to promulgate the Implementing Rules, which would be effective on the same day, October 1st, with the Protection Regulations on Layout Designs of Integrated Circuits.

The formulation of the Protection Regulations on Layout Designs of Integrated Circuits and its Implementing Rules fully considered the actual situation of the related industries in China and refers to relevant international treaties and other country's legislation. The promulgation of the Regulations and its Implementing Rules marked the establishment of the protection system of layout Designs of integrated circuits, a necessary consisting part of China's IP protection system, further perfected China's IP system. The implementation of the Regulations and its Implementing Rules not only meant the start of providing legal protection for layout Designs of integrated circuits in China, but also promoted the innovation of integrated circuits technologies.

(3) Promulgation of the Administrative Enforcement Measures of Layout Designs of Integrated Circuits

In order to protect the exclusive rights of layout Designs of integrated circuits, according to the Protection Regulations of Layout Designs of Integrated Circuits and relevant laws and regulations, SIPO formulated the Administrative Enforcement Measures of Layout Designs of Integrated Circuits, which was promulgated through the Commissioner Order issued by Commissioner Wang Jingchuan on December 28, 2001, and entered into force on the same day.

4. Administrative Reconsideration

In 2001, SIPO received 48 requests for administrative reconsideration, of which 13 related to patent applications deemed to have been withdrawn, 13 related to the patent rights deemed to have been terminated, 6 related to the right of priority deemed not to have been claimed, 4 related to patent right deemed to give up, 3 related to patents that could not be restored, 4 related to the change of bibliographic data, 2 related to payment of late fees, 5 related to patent applications deemed to have been rejected, 1 related to the determination of patent filing date, 1 related to request for suspending procedure deemed not to have been submitted, 1 related to request for withdrawing patent right rejected. Among 48 cases for administrative reconsideration, 18 requested for modification of the original administrative decision.

In 2001, 14 cases were brought against SIPO before court, of which 2 related to patent determination, 2 related to administrative nonfeasance, 4 related to patentee modification, 1 related to inventor modification, 1 related to late payment of deduction and delay fees, 1 related to request for patentee modification deemed not to have been claimed, 1 related to not fulfill noticing obligation, 1 related to request for priority deemed not to have been claimed, 1 related to request for suspension procedure deemed not to have been claimed. Among the 14 administrative litigation cases against SIPO, 9 were in favor of SIPO, 4 were lost and 1 was partly lost.

SIPO handled 1 administrative compensation case on its own in 2001.

2013-07-17