(the 78th)
Apply the exclusive law after revising reachs what apply detailed rules actually to transfer method
Make according to chairman of People's Republic of China (the 36th) , the decision of the modification exclusive law that the seventeenth times the conference passed the 9th Standing Committee of the National People's Congress on August 25, 2000 applies since July 1, 2001. The exclusive law after revising carries out detailed rules to also apply since July 1, 2001.
After July 1, 2001 (contain that day, similarly hereinafter) the patent application that offer and the patent that grant according to this application, applicable the exclusive law after revising and the provision that use detailed rules actually; The patent that puts forward before July 1, 2001 applies for and file the patent that grant according to this, divide what have a regulation additionally beyond, rise from July 1, 2001 applicable also the exclusive law after revising and the provision that use detailed rules actually.
Right before revising, the exclusive law after reachs what apply detailed rules actually to transfer the problem makes following provisions: One, bureau of national intellectual property manages to sufferring before July 1, 2001, but have not make the cancel that examines a decision request, the exclusive law before according to is revised and the formulary proceed that apply detailed rules actually are examined and make a decision. Patent reexamine committee is mixed to practical and new-style patent after July 1, 2001 the decision of cancel request reexamine that exterior design patent makes still is end decision.
Since July 1, 2001, one is right bureau of national intellectual property has accepted cancel before July 1, 2001 request, but have not make the patent that examines a decision, can offer declaration the request with this invalid patent.
2, the invalid declare that the designs patent application about practical and new-style, exterior review a case that patent reexamine committee makes before July 1, 2001 decides or designs patent about practical and new-style, exterior requests to examine a decision, applicant or party receives after July 1, 2001, this decision still is end decision.
3, the reexamine request that rejects an invention what patent reexamine committee accepts before July 1, 2001 to the decision of patent application refuses to obey and put forward to bureau of national intellectual property, if should reject the legal basis of the decision,carry out detailed rules to revise the exclusive law before fiftieth the exclusive law besides item of 3 place line and apply detailed rules to concern a provision actually, patent reexamine committee has not make reexamine decide before July 1, 2001, the concerned regulation that according to exclusive law reachs his to carry out detailed rules undertakes checkup and still make a decision.
4, the reexamine request that rejects practical and new-style patent what patent reexamine committee accepts before July 1, 2001 to application refuses to obey and put forward to bureau of national intellectual property, if should reject the legal basis of the decision to be executive detailed rules,the 27th declared sets Patent Office of the 2nd paragraph and the 2nd former China, patent reexamine committee has not make reexamine decide before July 1, 2001, still according to carries out detailed rules regulation of the 27th declared undertakes Patent Office of the 2nd paragraph and the 2nd former China examine and make a decision.