Third Revision of the “Implementing Regulations of the Patent Law of the People's Republic of China" - Patent Certificate, Patent Register, and Patent Evaluation Report

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system, and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect on January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system.
The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023.
To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning patent certificate, patent register, and patent evaluation report, in conjunction with the related content from the newly revised "Guidelines for Patent Examination."
    Replacement and Correction of Patent Certificates
The revised "Guidelines for Patent Examination" have modified the conditions for replacing and correcting patent certificates.
1. Replacement of Patent Certificates: The provision allowing patent holders to apply for replacement of paper certificates in cases where the original paper certificate is damaged has been removed.
1) Applicable types: Invention patents, utility model patents, design patents;
2) New regulations in the “Guidelines”:
Where, according to the mediation by the local intellectual property administrative authority or the mediation or judgment by the People’s Court on a dispute over the ownership of the patent, the patent is returned to the person who filed the case, he may, after the said settlement or judgment takes effect, request the Patent Office for the replacement of the patent certificate after the formalities of changing patentee has been passed through. If the patent terminates, the Patent Office shall no longer replace the patent certificate. If the patentee changes due to transfer of patent or name change of the patentee, the patent certificate shall not be replaced.
Where the original paper patent certificate issued by the Patent Office is damaged or broken, the patentee may request replacement of the patent certificate. The Patent Office may reissue an electronic patent certificate to the party concerned, and the replacement certificate should have the same content as the original patent certificate.
2. Correction of Patent Certificates: The provision allowing patent holders to request the correction of certificates in cases where there are typing errors in the patent certificate has been removed.
1) Applicable types: Invention patents, utility model patents, design patents;
2) New regulations in the “Guidelines”:
Where there is any error in the patent certificate, the patentee may request the Patent Office to correct it. If the Patent Office verifies that an error exists, the original patent certificate will be invalidated, and a corrected patent certificate will be issued.
    Patent Register
In the revised "Implementing Regulations of the Patent Law" and "Guidelines for Patent Examination," three new items have been added concerning the content included in the patent register.
1) Applicable types: Invention patents, utility model patents, design patents;
2) New regulations in the “Guidelines”:
The Patent Office shall establish the Patent Register when the patent is granted. The contents to be recorded in the Patent Register include the grant of the patent, transfer of the patent application or of the patent, declassification of national defense patent and secret patent, invalidation of the patent, termination of the patent, restoration of the patent, compensation for patent term, pledge and preservation of the patent and their discharge, the license contract for patent exploitation submitted for the record, open licensing for patent exploitation, compulsory license for patent exploitation, and change in the name, nationality and address of the patentee.
Once made, the above said items are recorded in the Patent Register. The items recorded in the Patent Register shall be stored in the form of data in database. When a duplicate copy of the Patent Register is made, it shall be printed according to the prescribed format, and shall take effect when it is affixed with the special seal of certification.
    Patent Evaluation Report
The revised ""Implementing Regulations of the Patent Law" and "Guidelines for Patent Examination" have added a new category of entities eligible to request a patent evaluation report, expanding the scope of requesting parties. It is now specified that applicants can request the patent administrative department to issue a patent evaluation report during the registration process, adding additional timing for making such requests.
1) Applicable types: Utility model patents, design patents;
2) New regulations in the “Guidelines”:
After the announcement of the decision to grant a patent for utility model or a patent for design, the patentee, interested parties, or alleged infringers may request the CNIPA to prepare a patent evaluation report. The applicant may also request the CNIPA to prepare a patent evaluation report at the time of completing the patent registration formalities.
If the requesting party is the alleged infringer, along with the request for a patent evaluation report, relevant supporting documents should be submitted. These may include notices of case filing issued by the People's Court or duplicates thereof, notices of case filing issued by patent administrative enforcement departments or duplicates thereof, case filing documents issued by mediation or arbitration institutions or duplicates thereof, lawyer's letters issued by the patent holder or duplicates thereof, complaint notices from e-commerce platforms or duplicates thereof, and so on.
The CNIPA shall prepare a patent evaluation report within two months after receiving a qualified patent evaluation report request and the request fee, except when the applicant requests the preparation of a patent evaluation report at the time of completing the patent right registration formalities and the formality examination is passed, in which case the CNIPA shall prepare the patent evaluation report within two months from the date of the announcement of the grant of the patent.
For the transfer, pledge registration, as well as the recordation of license contract for exploitation of utility model or design patents, the CNIPA may, if necessary, request the submission of a patent evaluation report.

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