Article 2 of the Rules for the Implementation of the Patent Law stipulates that the various formalities prescribed in the Patent Law and the Rules for the Implementation thereof shall be handled in writing or in any other form prescribed by the Patent Office. Other forms prescribed by the Patent Office include electronic documents.
An electronic application is a patent application filed with the Patent Office in the form of a prescribed electronic document by using the Internet as a transmission medium.
The provisions of the Patent Law, its implementing rules and these Guidelines concerning patent applications and other documents shall apply to electronic applications, except for those concerning patent applications and other documents filed in paper form.
The format requirements for electronic documents shall be prescribed separately by the Patent Office.
1. Users of electronic applications
The electronic application user refers to the applicant and patent agency who have signed the user registration agreement of the electronic patent application system with the State Intellectual Property Office (hereinafter referred to as the user registration agreement), gone through the relevant registration procedures, and obtained the user code and password.
1.1 Electronic Application Representative
Where there are more than two applicants and no patent agency has been entrusted, the user of the electronic application submitting the electronic application shall be the representative.
1.2 Electronic signature
Electronic signature refers to the data attached to the electronic documents submitted or sent through the electronic patent application system of the Patent Office to identify the signer and indicate that the signer approves the contents thereof.
The term "signature" or "seal" mentioned in Article 119, paragraph 1, of the Rules for the Implementation of the Patent Law means an electronic signature in an electronic application document. The electronic signature used in the electronic application document has the same legal effect as the signature or seal of a paper document.
2. Electronic application for us registration
E-application for user registration includes: face-to-face registration, mail registration and online registration.
The electronic application for user registration shall be handled by submitting a request for user registration, a signed or sealed user registration agreement in duplicate, and a user registration certificate.
2.1 Electronic Application for User Registration Request
The request for registration of an electronic user shall be made in a standard form formulated by the Patent Office, which shall state the name, type, certificate number, nationality or place of registration, habitual residence or place of business, detailed address and postal code of the applicant for registration.
Where the applicant for registration is a unit, the information of the handler shall also be specified in the request.
2.2 User Registration Certificate
Where the applicant for registration is an individual, a photocopy of the identity card or other identification document signed or sealed by the applicant shall be submitted. Where the applicant for registration is a unit, a copy of the business license or organization certificate of the enterprise affixed with the official seal of the unit, and a copy of the identity certificate signed or sealed by the handler shall be submitted. Where the applicant for registration is a patent agency, a copy of the registration certificate of the patent agency affixed with the official seal of the patent agency and a copy of the identity document signed or sealed by the handler shall be submitted.
2.3 Review of registration requests
Where the registration materials have passed the examination, a notice of examination and approval of the electronic application for registration and a user registration agreement sealed by the Patent Office shall be sent to the applicant for registration, and the user code shall be given. In case of face-to-face registration, the registration requester shall set the password in person; Where registration is made by post, the password of the applicant for registration shall be notified in the notice of examination and approval of the electronic application for registration; In case of online registration, the applicant shall preset the password at the time of submitting the registration request.
If the registration materials fail to pass the examination and are registered in person, the reasons for not registering shall be explained directly to the applicant for registration, and the registration materials shall not be accepted; Where registration is made by post or online, a notice of examination and approval of the electronic application for registration shall be sent to the applicant for registration. The notice shall record the reasons for not registering and the registration materials shall not be returned.
2.4 Change of user information of electronic application
If the password, detailed address, postal code, telephone number, fax, e-mail address and information prompting method of the registered user are changed, the registered user shall log on to the e-application website for online change.
Where the name, type, certificate number, nationality or place of registration, habitual residence or place of business of a registered user is changed, the registered user shall submit to the Patent Office a request for change of the registration information of the user, together with the relevant supporting documents, and go through the change formalities. The registered user code will not be changed.