AMENDED ENFORCEMENT RULES OF THE PATENT ACT TOOK EFFECT

07/01/2004

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The Enforcement Rules of the Patent Act, have been amended as a result of the 2003 amended Patent Act, which also took effect on 1 July 2004. The main points of the amendments are as fol-lows:

The rules for the format of claims for inven-tion and new utility model patent applications are amended. For example, for an invention that contains a combination of multiple tech-nical features, the technical features of its claim may be expressed in means-plus-function language or in step-plus-function language. The interpreta-tion of a claim should include such structures, materials, or acts as well as their equivalents, which are corresponding to the stated function and which are recited in the patent specifica-tion. For an independent claim of an invention or new utility model patent application, that is written in a two-part format, the preamble of the claim should state the claimed subject matter and the necessary technical features that are common with the prior art; the part expressing the technical features claimed should be introduced by the phrase "charac-terized in"or similar wording so as to highlight the necessary technical features that differ from the prior art. When interpreting an in-dependent claim in this format, the technical features recited in the second part should be connected with those recited in the preamble.

The following administrative procedures have been simplified:

1.When supplementing, amending or cor-recting drawings, it is no longer necessary to submit an additional marked-up copy.

2.For a new design application, a new design drawing card can be replaced by the des-ignated figure.

3.Applications for recording various trans-actions involving a granted patent may be filed by a single party to each of such transactions.

In line with the switch to formality examina-tion of new utility model patent applications and the new utility model technical reports newly introduced into the practice, the amended Rules provide for matters related to new utility model technical reports.

In response to applicants' preference to delay the publication of a patent case for various reasons, provisions are newly introduced to define the procedure for seeking a postponed publication as well as the postponed period.