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  48 hours

  1. Pre litigation injunction: when a party applies for the pre litigation injunction, the court shall make a ruling within 48 hours from the time of accepting the application; if there are special circumstances that need to be extended, 48 hours may be extended.

  2. Preservation of evidence before litigation: when a party applies for preservation of evidence before litigation, the court shall make a ruling within 48 hours from the time of accepting the application.

  15

  1. Service by post: for all kinds of documents mailed by the patent office and the reexamination board, 15 days from the date of sending the documents shall be presumed to be the date when the parties receive the documents.

  2. Payment of application fee: the applicant shall, within 2 months from the date of application or 15 days from the date of receipt of the notice of acceptance, pay the application fee, publication and printing fee, and application surcharge. If the priority is claimed, the priority claim fee shall be paid at the same time.

  3. Administrative mediation of patent infringement disputes: if the patent administrative department determines that the infringement is established, it may order the infringer to stop the infringement immediately. If the party concerned refuses to accept, it may file an administrative lawsuit with the court within 15 days from the date of receiving the acceptance notice.

  4. Rescission of pre litigation injunction: if the applicant does not file a lawsuit within 15 days from the date when the court takes the measure of ordering to stop the relevant act, the court shall rescind the measure.

  5. Rescission of evidence preservation before litigation: if the applicant does not bring a lawsuit within 15 days from the date when the court takes preservation measures, the court shall rescind the measures.

  1 month

  1. Service by announcement: if the delivery address of the document is unclear and cannot be mailed, the document can be served to the parties by announcement. At the end of one month from the date of announcement, the document shall be deemed to have been delivered.

  2. Supplementary evidence of patent invalidation: after the reexamination board accepts the request for invalidation, the petitioner may add reasons or supplementary evidence within one month from the date of filing the request for invalidation.

  3. Payment of patent fee: fee for change of description, fee for requesting patent right evaluation report and fee for requesting invalidation shall be paid within one month from the date of filing the request.

  2 months

  1. Claim for restoration of Rights: if a party delays the statutory time limit or the specified time limit due to force majeure, resulting in the loss of his rights, he may apply to the Patent Office for restoration of rights within two months from the date of removal of the obstacles, and at the latest within two years from the date of expiration of the time limit. If the party concerned delays the statutory time limit or the designated time limit for other legitimate reasons, resulting in the loss of his rights, he may, within two months from the date of receiving the notice from the patent office, request the patent office to restore his rights.

  2. Submission of supporting documents: in case that the invention creation for which a patent is applied has any of the circumstances listed in item 24 (1) or (2) of the patent law, the applicant shall make a declaration at the time of filing the patent application, and submit within 2 months from the date of application the supporting documents issued by the organizing unit of the relevant international exhibition, academic conference or technical conference that the invention creation has been exhibited or published, as well as the date of exhibition or publication 。

  3. Active modification: the applicant for a patent for utility model or design may, within two months from the date of application, make an active modification to the application for a patent for utility model or design.

  4. Going through the registration procedures: after the patent office issues the notice of granting the patent right, the applicant shall go through the registration procedures within 2 months from the date of receiving the notice.

  5. Payment of application fee: the applicant shall pay the application fee, publication printing fee and application surcharge within 2 months from the date of application or 15 days from the date of receiving the acceptance notice.

  6. Payment of priority claim fee: the applicant shall pay the priority claim fee within 2 months from the date of entry; failure to pay or fully pay within the time limit shall be deemed as failure to claim the priority.

  7. Active modification: for an international application for the patent right of utility model, the applicant can actively modify the patent application document within 2 months from the date of entry.

  8. Submission of Chinese Translation: if the international application has been modified in the international stage, and the applicant requests examination based on the modified application documents, the Chinese translation of the modified part shall be submitted within two months from the date of entry.

  9. Submission of supporting documents: if the invention creation involved in the international application is under any of the circumstances listed in Item (1) or (2) of Article 24 of the patent law, and has made a declaration at the time of filing the international application, the applicant shall explain it in the written declaration of entering the national phase of China, and shall submit the relevant supporting documents specified in Item 3 of Article 30 of these rules within two months from the date of entry.

  10. Transfer of documents: if the international application is refused by the relevant international unit on the international stage or declared to be withdrawn, the applicant may request the international office to transfer the copies of any documents in the international application files to the patent office within 2 months from the date of receiving the notice, and shall go through the formalities specified in Article 103 of the detailed rules for the implementation of the patent law within that time limit.

  3 months

  1. Where the applicant claims the right of priority, he shall make a written declaration at the time of application and submit a copy of the patent application document first filed within three months; if he fails to make a written declaration or submit a copy of the patent application document with him, he shall be deemed not to have claimed the right of priority.

  2. Active modification: when the applicant for a patent for invention makes a request for substantive examination and within three months from the date of receiving the notification from the patent office that the application for a patent for invention has entered the stage of substantive examination, he or she may make an active modification to the application for a patent for invention.

  3. Request for reexamination: where the patent applicant is not satisfied with the decision of the patent office to reject the application, he may, within three months from the date of receipt of the notice, request reexamination from the reexamination board.

  4. Administrative litigation: where the patent applicant is not satisfied with the reexamination decision of the reexamination board, he may bring a suit in the court within 3 months from the date of receiving the notice. If the applicant and the patentee are not satisfied with the decision of the Reexamination Board declaring the patent right invalid or maintaining the patent, they may bring a suit in the court within three months from the date of receiving the notice. If the patentee is not satisfied with the decision of the patent office on the implementation of the compulsory license, or the patentee and the entity or individual that has obtained the compulsory license are not satisfied with the decision of the patent office on the royalties for the implementation of the compulsory license, they may bring a suit in the court within three months from the date of receiving the notice.

  5. License filing: the patent licensing contract concluded between the patentee and others shall be filed with the patent office within 3 months from the effective date of the contract.

  6. In accordance with Article 57 of the patent law, where the patent office is requested to determine the amount of royalties, the parties shall submit a written request for adjudication, together with supporting documents proving that the two parties are unable to reach an agreement. The patent office shall, within three months from the date of receipt of the request, make an award and notify the parties concerned.

  7. Reward and reward: if the unit to which the patent right has been granted fails to agree with the inventor or designer or stipulate the method and amount of the reward as stipulated in Article 16 of the patent law in the rules and regulations formulated by it according to law, it shall issue the reward to the inventor or designer within three months from the date of the patent right announcement.

  8、 Correction of international application text: if the applicant finds that there are errors in the Chinese translation of the problems in the submitted specification, claims or drawings, he may, before the patent office is ready to publish the application for invention patent or the patent right for utility model, or within 3 months after receiving the notice from the patent office that the application for invention patent has entered the substantive examination stage, Make corrections in accordance with the original international application.

  4 months

  1. International application: after receiving the request submitted in accordance with Article 8 of these rules, the patent office shall, upon examination, issue a notice of confidentiality examination to the applicant in a timely manner if it believes that the invention or utility model may involve national security or major interests and need to be kept confidential; If the applicant fails to receive the notice of confidential examination within 4 months from the date of filing of the application, he may apply for a patent in a foreign country or file an international application for a patent with the relevant foreign institution for the invention or utility model.

  2. Preservation of biomaterial samples: where the invention for which a patent is applied involves new biomaterials, the applicant shall submit the biomaterial samples to the preservation unit recognized by the State Intellectual Property Office for preservation before the application date or at the latest on the application date (the priority date, if any), and submit the preservation certificate and survival certificate issued by the preservation unit at the time of application or at the latest within 4 months from the application date If no certificate has been submitted within the time limit, the sample shall be deemed not to have been deposited.

  6 months

  1. No loss of novelty: if the invention creation for which a patent is applied for falls under any of the circumstances mentioned in Article 24 of the patent law within six months prior to the date of application, no loss of novelty will occur.

  2. International priority: where an applicant files an application for a patent for a design in China within six months from the date of the first application for a patent in a foreign country, the applicant may enjoy the priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the applicant is a party, or in accordance with the principle of mutual recognition of priority.

  3. International application: if the applicant does not receive the decision requiring confidentiality within 6 months from the date of submission of the application, he may apply for a patent in a foreign country or submit an international application for a patent to the relevant foreign institution for the invention or utility model.

  4. Supplementary annual patent fee: the annual fee after the year when the patent right is granted shall be paid before the expiration of the jacket year. Where the patentee fails to pay or fails to pay in full, the patent office shall notify the patentee to make up the amount of the annual fee within six months from the date of expiration of the period when the annual fee shall be paid, and at the same time pay the overdue fine.

  12 months

  1. International priority: if the applicant files an application for a patent for the same subject in China within 12 months from the date of the first filing of the application for a patent for an invention or utility model in a foreign country, the applicant may enjoy the priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or the principle of mutual recognition of the priority.

  2. Domestic priority: within 12 months from the date of the first application for a patent for an invention or utility model in China, if the applicant files another application for a patent on the same subject with the administrative department for patent under the State Council, he may enjoy the priority.

  18 months

  Publication of invention: where, after receiving an application for a patent for invention, the patent office, after preliminary examination, considers that the application meets the requirements of this law, it shall publish the application within 18 months from the date of application. The patent office may, at the request of the applicant, publish its application at an early date.

  30 months

  International application to enter China: the applicant of an international application shall, within 30 months from the priority date, go through the formalities for entering the national phase of China with the patent office.

  32 months

  International application to enter China: if the applicant fails to go through the formalities within 30 months from the priority date, he may go through the formalities for entering China's national phase within 32 months from the priority date after paying the grace fee.

  2 years

  1. Limitation of action: the limitation of action for infringement of patent right is 2 years.

  2. Request for restoration of Rights: if the parties delay the statutory time limit or the specified time limit due to force majeure, resulting in the loss of their rights, they may apply to the Patent Office for restoration of rights within two months from the date of removal of the obstacles, and at the latest within two years from the date of expiration of the time limit.

  3, 4 years

  1. Substantive examination: within 3 years from the date of application, the patent office may, at the request of the applicant at any time, conduct substantive examination on the application.

  2. Compulsory license: the patentee has not implemented or fully implemented the patent without proper reasons for 3 years from the date of the grant of the patent right and 4 years from the date of filing the patent application

  10, 20 years

  The term of protection for utility model patents and design patents is 10 years, both from the date of application.

  The term of patent protection for invention is 20 years, counting from the date of application.

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