In order to implement the deployment of the earthquake disaster relief work of the CPC Central Committee and the State Council and pragmatically safeguard the legal rights and interests of the parties related to patent affairs in the regions severely afflicted by the earthquake, SIPO issues the Circular on Offering Preferential Policies to Parties Related to Patent Affairs in Regions Severely Hit by the Earthquake on June 5, helping those in disaster regions with preferential policies in handling patent-related affairs.

The Circular clarifies that in case where the original patent certificates get lost or are destroyed at the earthquake, IP authorities can reissue new certificates to related units and individuals in disaster regions upon their applications; Applicants in the regions severely afflicted by the earthquake can also apply to regain various notices during the whole examination process and copies of their application documents, various intermediate files and evidentiary documents. SIPO official website will timely release information on document issuance and notice delivery for the convenience of the parties concerned.

The Circular points out that in case where applicants and patent holders in regions severely hit by the disaster go through the examination procedures of patent fee reduction or payment delay, they only need to put in the applications of patent fee reduction or payment delay, while the evidences for the reduction or delay are no longer needed. All the applications, no matter from units or individuals, will be executed according to the maximum reduction or delay standards; given the applicants, patent holders and related parties fail to go through related procedures timely because of the earthquake and consequently lose their rights, they can, within two months after eliminating the obstacles, apply to resume their rights according to law and do not need to pay for the resumption; in case where the parties in disaster regions need to participate in oral hearings related to reexaminations or requests for invalidation, the date for the oral hearings will be determined according to the real situations of the parties concerned.

The Circular notes that for the patent applications related to important earthquake disaster relief technologies, IP authorities can accelerate examination procedures at the applicants’ requests and proving materials of approval released by the provincial IP administrations. According to the Circular, to enjoy the above-mentioned preferential policies, parties concerned should put in certificates issued by local IP administration or departments of civil affairs of county level or above. The Circular comes into effect as of the date it is promulgated and will end on December 31, 2008.

2008-06-18

2008-06-18