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State Intellectual Property Office
Decree of the State Intellectual Property Office
No. 35
The Provisions on Electronic Patent Application, which are formulated for the purpose of regulating the relevant procedures and requirements
for patent application put forward in the form of electronic documents through the Internet, are hereby promulgated and will come
into effect as of March 12, 2004.
State Intellectual Property Office
February 12, 2004
The Provisions of the State Intellectual Property Office on Electronic Patent Application
Article 1
The present Provisions are hereby formulated in accordance with Article 3 and paragraph 2, Article 16 of the Detailed Rules for
the Implementation of Patent Law, for the purpose of regulating the relevant procedures and requirements for patent application put
forward in the form of electronic documents through the Internet (hereinafter referred to as the electronic patent application).
Article 2
Anyone who wishes to make electronic patent applications shall sign the User Agreement for Registration in Electronic Patent Application
System (hereinafter referred to as the “User Agreement”) with the State Intellectual Property Office beforehand.
A patent agency that opens agency business for electronic patent application shall sign the User Agreement with the State Intellectual
Property Office in the name of the patent agency.
Where an applicant who entrusts a patent agency that has signed the User Agreement with the State Intellectual Property Office to
handle electronic patent application business, does not need to sign an additional User Agreement with the State Intellectual Property
Office.
Article 3
Patent Applications for inventions, utility models and industrial designs may all be filed in the form of electronic documents.
For an applicant who is going through the formalities of international patent application and is at the Chinese phase in accordance
with the provisions of paragraph 2, Article 99 of the Detailed Rules for the Implementation of Patent Law, he may submit the documents
as prescribed in Article 101 of the Detailed Rules for the Implementation of the Patent Law in electronic form.
The present Provisions are not applicable to the international application for patent to the State Intellectual Property Office in
accordance with the provisions of paragraph 1, Article 99 of the Detailed Rules for the Implementation of Patent Law.
Article 4
Where an applicant submits an electronic patent application and relevant documents, he/it shall abide by the file formats, data standards,
operational procedures, and ways of transmission as prescribed in the User Agreement. If the application does not comply with the
forgoing prescriptions, and leads to the failure of normal reception of the electronic patent application and relevant documents
by the electronic patent application system, the electronic patent application shall not be accepted, and the relevant documents
shall be deemed as not being submitted.
Article 5
Where an applicant files a patent application in the form of paper documents which is then accepted, he/it shall submit the relevant
documents in paper form in each process of the patent application. Unless there are provisions otherwise, the State Intellectual
Property Office shall not accept the relevant documents submitted by the applicant in the electronic form, and the application will
be deemed as not being submitted in case it does not comply with the provisions of this paragraph.
Where an applicant files an electronic patent application, which is then accepted, he/it shall submit the relevant documents in the
electronic form in each process of the patent application. Unless there are provisions otherwise, the State Intellectual Property
Office shall not accept the relevant documents submitted by the applicant in paper form. And the application will be deemed as not
having been submitted in case it does not comply with the provisions of this paragraph.
Article 6
Where an applicant files an electronic patent application which is then accepted, he shall, for relevant documents that must be submitted
in their originals as prescribed in the Patent Law and its Detailed Implementation Rules and the examination guidelines, submit the
electronic scanning or image text of the original one, and submit the originals within the prescribed or specified time limit.
Article 7
Where an applicant files an electronic patent application, the application date shall be deemed as the date when the State Intellectual
Property Office receives the patent application documents in conformity with the provisions of Patent Law and its Detailed Implementation
Rules. The State Intellectual Property Office shall issue notice of acceptance to the applicant after receiving the patent application
fees paid by the applicant within a prescribed time limit. Where an applicant submits the patent application documents in conformity
with the provisions of the Patent Law and its Detailed Implementation Rules, but fails to pay patent application fees within the
prescribed time limit, the State Intellectual Property Office shall issue notice that is regarded as withdrawal at the same time
of issuing a notice of acceptance.
Article 8
Where an applicant files an electronic patent application, he/it shall pay patent application fees and various other fees. Unless
otherwise there are special provisions, the various fees for electronic patent application shall be paid in accordance with the amount
of charge rates in existence.
Article 9
Where the State Intellectual Property Office issues various notices, decisions and other documents to an applicant for his/its electronic
patent application in the form of electronic documents, the applicant shall obtain them in the way as prescribed in the User Agreement.
Article 10
All the provisions of the Patent Law and its Detailed Implementation Rules and the examination guidelines on patent application and
relevant documents shall be applicable to the electronic patent application, unless there are special provisions otherwise on patent
application and relevant documents that shall be submitted in the form of paper documents.
Article 11
The power to interpret the present Provisions shall remain with the State Intellectual Property Office.
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