The administration of patent affairs is a critical process that inventors and businesses must navigate to protect their intellectual property rights. As per the announcement No. 244 by the China National Intellectual Property Administration (CNIPA), new administrative and service charging standards came into effect from July 1, 2017, which includes an additional fee for patent document copy certificates, set at 30 yuan per copy.

This guide outlines the various types of document copies and proofs that can be requested from the CNIPA, the conditions for requesting them, the required procedures, and the associated fees.

 

Document Copies

1. Prior Application Document Copies

The CNIPA’s patent affairs service department creates prior application document copies upon request, in accordance with regulations. These copies consist of a certificate page and the patent application documents. They serve to prove the validity of Chinese priority rights when applying for patents in countries outside of mainland China. The conditions for requesting these copies are that they are only issued to the patent applicants. The required procedural documents include a signed “Document Copy Request Form” by the applicant or their agency, and identity proofs as specified.

2. Patent Authorization Document Copies

Any individual can request a copy of the patent authorization document, which is essentially the patent specification. The request process involves submitting a signed “Document Copy Request Form” and the requester’s identity proof. The online patent affairs service system (cpservice.cnipa.gov.cn) facilitates these requests.

3. Patent Certificate Copies

When a patent has multiple patentees, the CNIPA issues only one patent certificate to the first patentee. Other co – patentees may request a copy of the patent certificate from the CNIPA. The number of copies issued cannot exceed the total number of co – patentees at the time of certificate issuance. The request can only be made by the co – patentees at the time of certificate issuance, not the first patentee.

4. Patent Register Copies

The CNIPA establishes a patent register when granting patent rights. The register and the patent certificate have equal legal validity. Any changes in the legal status of the patent after the grant are recorded only in the patent register. The contents of a patent register copy include the grant of patent rights, transfers of patent applications or rights, pledges, preservations, and their releases, among other details. It serves as proof of the patent’s current legal status.

 

Proof Documents

1. Patent Certificate Proof

This proof document confirms that the CNIPA has issued a patent certificate. It is only issued to the patentee and not for patents in arrears, in recovery, or already terminated. The required documents include a signed “Proof Document Request Form” by the patentee or their agency, and identity proofs as specified.

2. Applicant Name Change Proof

Applicants can request the CNIPA’s patent affairs service department to issue a proof of the change of the applicant’s name. The proof is only issued to the applicant or their agency. The required documents include a signed “Proof Document Request Form” and identity proofs as specified.

3. Authorization Procedure Proof

During the period between the CNIPA’s notice of granting patent rights and the completion of registration procedures, applicants can request an authorization procedure proof. The conditions for issuing this proof include being in the authorization announcement preparation stage and having a determined announcement volume number. The required documents include a signed “Proof Document Request Form” and identity proofs as specified.

4. Patent Batch Legal Status Proof

This service caters to the needs of users querying the legal status of a large number of patents. The proof records seven types of information, including patent numbers, application dates, and legal statuses, in a tabular form, consistent with the information in the patent register. The online patent affairs service system offers two types of proofs: one for authorized patents and another that includes both authorized and unauthorized patents.

5. Proof of Right to Obtain Biological Material Samples

Units or individuals requiring biological material samples preserved by the patent applicant according to the patent law for experimental purposes can request proof from the CNIPA. The conditions for obtaining this proof include the submission of a patent application related to the biological material to the CNIPA, the publication or authorization of the patent application, and the requester’s compliance with certain guarantees.

 

Document Inspection and Copying

Patent application documents are a collection of various documents formed during the patent application review process and preserved as original records for reference. The CNIPA can provide access to certain content within the patent application documents that are allowed to be copied, such as various notices and decisions issued by the patent office during the review process. Requesters can understand the patent application approval process by inspecting and copying patent application documents.

The conditions for requesting document inspection and copying vary based on the patent application’s status, whether it is before publication, before authorization announcement, or after patent grant announcement. The request can be made through the patent affairs service window, by mail, or electronically using the patent affairs service system.

 

Conclusion

Navigating the patent affairs process can be complex, but understanding the requirements and procedures for document copies and proofs is essential for protecting intellectual property rights. By adhering to the guidelines set forth by the CNIPA and utilizing the online patent affairs service system, applicants can ensure a smoother process when requesting various document copies and proofs.

 

Disclaimer

The content presented in this article reflects the author’s personal views and should not be construed as formal legal advice or recommendations from MeritsIP. For any republication or citation of the content, please indicate the source. Without the written consent of our firm, no part of the article, including any images or visual content, may be reproduced or used. If you wish to further discuss or explore related topics, we welcome your contact.

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