SIPO issues new rules to regulate patent application

November 6, 2007

A set of new rules on patent application regulation went into effect as of October 1st in China.
The rules, known as Several Rules of State Intellectual Property Office on Regulation of Patent Application Behaviors, require that applicants or agencies file applications in line with China’s laws and regulations and should be honest in the process. Any abnormal applications are prohibited.

According to the rules, local governments should guide applicants and patent agencies to file applications in a lawful way. Patent agencies should report to SIPO about any abnormal applications once they are discovered. Any illegal application behaviors aimed at rewards or subsidies are subjective for criminal punishment in accordance with laws, providing that the circumstance is so serious to constitute a crime.

The rules prescribe the definition of “abnormal applications” as the follows: “applications which are filed by one single entity or individual or filed under the direction of one single entity or individual and are obviously identical in content; applications which are filed by one single entity or individual or filed under the direction of one single entity or individual and obviously plagiarize existing techniques and designs.” This definition also applies to patent agencies.