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专利审查指南2010(英文版)

丛 书 名:
著 译 者:中华人民共和国国家知识产权局制定
出版日期:2010-03-01 ISBN:9787802479548
出 版 社:知识产权出版社
页    数:7100 字 数:756000
市 场 价: ¥200.00
目录
内容简介
前言
书摘
目录:
Part Ⅰ Preliminary Examination
 Chapter 1 Preliminary Examination of Patent Applications for Invention
 Chapter 2 Preliminary Examination of Patent Applications for Utility Model
 Chapter 3 Preliminary Examination of Patent Applications for Design
 Chapter 4 Patent Classification
Part Ⅱ Substantive Examination
 Chapter 1 Inventions-Creations for Which No Patent Right shall be Granted
 Chapter 2 Description and Claims
 Chapter 3 Novelty
 Chapter 4 Inventive Step
 Chapter 5 Practical Applicability
 Chapter 6 Unity of Invention and Divisional Applications
 Chapter 7 Search
 Chapter 8 Procedure for Substantive Examination
 Chapter 9 Some Provisions on Examination of Invention Applications Relating to Computer Programs
 Chapter 10 Some Provisions on Examination of Invention Applications in the Field of Chemistry
Part Ⅲ Examination of International Applications Entering the National Phase
 Chapter 1 Preliminary Examination of International Applications Entering the National Phase and Processing of Procedural Matters Therefore
 Chapter 2 Substantive Examination of International Applications Entering the National Phase
Part Ⅳ Examination of Requests for Reexamination and for Invalidation
 Chapter 1 General Provisions
 Chapter 2 Examination of Requests for Reexamination
 Chapter 3 Examination of Requests for Invalidation
 Chapter 4 Provisions Concerning Oral Proceedings in the Reexamination and Invalidation Procedures
 Chapter 5 Examination of Design Patent in the Invalidation Procedure
 Chapter 6 Some Provisions Concerning the Examination of Utility Models in the Invalidation Procedure
 Chapter 7 Handling of Identical Inventions-Creations in the Invalidation Procedure
 Chapter 8 Provisions Concerning Issues of Evidence in the Invalidation Procedure
Part Ⅴ Processing of Patent Applications and Procedural Matters
 Chapter 1 Patent Application Documents and Formalities
 Chapter 2 Patent-Related Fees
 Chapter 3 Acceptance
 Chapter 4 Patent Application Files
 Chapter 5 Confidentiality Examination of Patent Application to Be Kept Secret and Patent Application to Be Filed Abroad
 Chapter 6 Notification and Decision
 Chapter 7 Time Limit, Restoration of Right and Suspension of Procedure
 Chapter 8 Compilation of Patent Gazette and Pamphlet
 Chapter 9 Grant and Termination of Patent Right
 Chapter 10 Evaluation Report of Patent
 Chapter 11 Provisions on Electronic Application
Others
Annexes
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内容简介:
  Tne State intellectual Property Ottlce of the People s Republic of China, as the patent administration department under the State Council, commissions the Patent Office of the State Intellectual Property Office (hereinafter the “Patent Office”) to accept, examine and grant patent for patent applications. The Patent Office makes decisions on behalf and in the name of the State Intellectual Property Office. The Patent Reexamination Board, set up by the State Intellectual Property Office, is responsible for examining requests for reexamina- tion and requests for invalidation and making decisions accordingly. 
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前言:
  Tne State intellectual Property Ottlce of the People s Republic of China, as the patent administration department under the State Council, commissions the Patent Office of the State Intellectual Property Office(hereinafter the “Patent Office”) to accept, examine and grant patent for patent applications. The Patent Office makes decisions on behalf and in the name of the State Intellectual Property Office. The Patent Reexamination Board, set up by the State Intellectual Property Office, is responsible for examining requests for reexamina-tion and requests for invalidation and making decisions accordingly.
  In order to ensure objective, impartial, appropriate and timely handling of patent-re- lated applications and requests in compliance with the laws, as pursuant to Rule 122 of the Implementing Regulations of the Patent Law, the State Intellectual Property Office enacts these Guidelines for Patent Examination (hereinafter the “Guidelines”).These Guidelines detail and supplement the provisions of the Patent Law and its Implementing Regulations, and thus serve as bases and standards for the Patent Office and Patent Reexamination Board to refer to and follow in enforcing the relevant laws and regulations. They are also regula-tions which the related parties shall abide by at each of the aforesaid stages.
  These Guidelines are made by revision of the previous version of 2006 in light of practice, in accordance with the Patent Law of the People s Republic of China promulga- ted on December 27, 2008 and the Implementing Regulations of the Patent Law of the Peo- ple s Republic of China promulgated on January 9, 2010, and are hereby promulgated as regulations of the State Intellectual Property Office. 
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书摘:
  4.1.3.2 Applicant Being Foreign Individual, Enterprise or Other
  Type of Organization
  Article 18 provides that, where any foreign individual, enterprise or other type of organization having no habitual residence or business office in China files a patent application in China, the application shall be treated under the Patent Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
  Where the applicant is a foreigner, a foreign enterprise or other foreign organization, his or its name or title, the nationality, or the country or region in which the applicant is registered shall be stated in the request. Where the examiner has any doubt about the nationality, or the registered place of the applicant filled in the request, he may in- vite the applicant to provide a certificate of nationality or document certifying the registered place in accordance with the provisions of Rule 33(1)or(2).Where the applicant states in the request that it has a business office in China, the examiner shall invite the applicant to submit a certifying document provided by the local administrative au- thority for industry and commerce. Where the applicant states that it has a habitual residence in China, the examiner shall invite the appli- cant to submit a document provided by the public security department, certifying that he is permitted to reside in China for one year or lon-ger.
  After it is affirmed that the applicant is a foreign individual, enter- prise or other type of organization having no habitual residence or business office in China, the examiner shall examine whether or not the nationality or the registered place of the applicant, as filled in the request, is in conformity with one of the following three conditions:
  (1) the country to which the applicant belongs has concluded with China an agreement affording patent protection to the nationals of each other;
  (2)the country to which the applicant belongs is a country party to the Paris Convention for the Protection of Industrial Property ( here- inafter referred to as the Paris Convention) or a member of the World Trade Organization.
  (3) the country to which the applicant belongs provides patent pro- tection to foreign person on the basis of the principle of reciprocity. 
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