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Implementing Regulations of the Patent Law of the People's Republic of China (2010)

(Promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001, amended the first time on December 28, 2002 according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China, and amended the second time on January 9, 2010 according to the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China)

Patent Registration and Patent Gazette

Rule 89. The patent administration department under the State Council shall keep a Patent Register in which the registration of the following matters relating to patent application or patent right shall be made:

(1) any grant of the patent right;

(2) any transfer of the right of patent application or the patent right;

(3) any pledge and preservation of the patent right and their discharge;

(4) any patent license contract for exploitation submitted for the record;

(5) any invalidation of the patent right;

(6) any cessation of the patent right;

(7) any restoration of the patent right;

(8) any compulsory license for exploitation of the patent;

(9) any change in the name or title, nationality and address of the patentee.

Rule 90. The patent administration department under the State Council shall publish the Patent Gazette at regular intervals, publishing or announcing the following:

(1) the bibliographic data and the abstract of the description of an application for a patent for invention;

(2) any request for examination as to substance of an application for a patent for invention and any decision made by the patent administration department under the State Council to proceed on its own initiative to examine as to substance an application for a patent for invention;

(3) any rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an application for a patent for invention after its publication;

(4) any grant of patent right and the bibliographic data of the patent right;

(5) the abstract of the description of a patent for invention or a patent for utility model, one drawing or photograph of a patent for design;

(6) any declassification of national defense patent or secret patent;

(7) any invalidation of the patent right;

(8) any cessation or restoration of the patent right;

(9) any transfer of the patent right;

(10) any patent license contract for exploitation submitted for record;

(11) any pledge or preservation of the patent right and their discharge;

(12) any grant of compulsory license for exploitation of the patent;

(13) any change in the name or title and address of the patentee;

(14) any service of documents by way of making an announcement;

(15) any correction made by the patent administration department under the State Council; and

(16) any other related matters.

Rule 91. The patent administration department under the State Council shall make the patent gazettes, the pamphlets of the application for patent for invention and the pamphlets of patent for invention, patent for utility model and patent for design available to the public for consultation with free of charge.

Rule 92. The patent administration department under the State Council is responsible for exchanging, in accordance with the principle of reciprocity, patent documents with the patent authorities of other countries or regions or with the patent authorities of regional patent organizations.