Newsletter
ANNOUNCEMENT & IMPLEMENTATION OF GUIDELINES FOR EXPEDITED HANDLING OF NEW PATENT APPLICATIONS
In May 1999, the Intellectual Property Office (IPO) announced the Guidelines for Expedited Handling of New Patent Applications which took effect on 17 May 1999. The old Guidelines for Patent Procedural Examination as announced on 14 September 1993 thus has been abolished.
The announcement and implementation of the new guidelines are intended to increase the examination efficiency of new applications so that patent applicants can quickly become aware of the application numbers and the procedural examination results. Their key contents are as follows:
"New patent applications" governed by the Guidelines include inventions, new utility models and new designs applications filed for the first time pursuant to the Patent Law. The term does not include patent-of-addition applications, associated new design applications, applications for patent conversion, applications for patent amendment, divisional applications, re-examination applications, opposition actions or cancellation actions.
Procedural examination of new patent applications delivered in person by applicants or their agents should be done at the time of receiving the applications. Examinations for applications submitted by mail should be handled in the same way.
For new patent applications submitted in person at the IPO's expedited receipt counter, notifications of procedural examination results therefor must be provided to the person(s) delivering the applications, of which the receipts are confirmed through receipts signed by said persons. Notifications will be sent to the applicants by mail for new patent applications submitted by mail.
Filing dates can be obtained only when the documents and application fees prescribed in the Patent Law are submitted.
Supplements and corrections to patent applications shall be governed by Articles 23, 105, 113 of the Patent Law and the Guidelines for Handling Supplements and Correction of Patent Applications.