CNIPA's Response to the COVID-192020-02-07

Notice on Time Limits for Handling Affairs Regarding Patents, Trademarks and Layout-Designs of Integrated Circuits under the Impact of the COVID-19 Epidemic (Notice No. 350)

For the purpose of implementing the decisions and arrangements of the CPC Central Committee and the State Council on preventing and containing the COVID-19 epidemic, and effectively safeguarding the legitimate rights and interests of parties affected by the epidemic in handling affairs regarding patents, trademarks, and layout-designs of integrated circuits, in accordance with the relevant laws and regulations including the Emergency Response Law of the People's Republic of China, the Patent Law of the People’s Republic of China and its Implementation Rules, the Trademark Law of the People’s Republic of China and its Implementation Regulations, the Regulations on the Protection of Layout-Designs of Integrated Circuits and its Implementation Rules, the notice is hereby given on the relevant time limits for handling affairs regarding patents, trademarks, and layout-designs of integrated circuits as follows:

1. Where a party loses its rights as a result of a delay in relation to any time limit under the Patent Law and its Implementation Rules or as indicated by the China National Intellectual Property Administration, and where such delay is attributable to any causes related to the COVID-19 epidemic, the provisions of Article 6.1 of the Implementation Rules shall apply. The party may, within 2 months after the impediment is removed, but no later than 2 years after the expiration of the time limit, request a restoration of rights. Where a request for such a restoration is made, no request fee shall be paid, but a request letter for restoration of rights shall be submitted to explain the grounds of doing so, relevant certifications shall be attached, and the formalities required to be completed before the loss of rights shall be carried out.

2. Where a party is unable to handle trademark-related affairs normally as a result of a delay in relation to any time limit under the Trademark Law and its Implementation Regulations or as indicated by the China National Intellectual Property Administration, and where such delay is attributable to any causes related to the COVID-19 epidemic, such time limit shall, save as otherwise provided under the law, be suspended from the day on which such impediment to the exercise of the rights occurs and shall continue to be calculated on the day when such impediment is removed; Where the party loses its trademark rights as a result of the impediment, a written application for restoration of rights explaining the causes attached with relevant certifications may be filed within 2 months after such impediment to the exercise of the rights is removed.

3. Where a party loses its rights as a result of a delay in relation to any time limit under the Regulations on the Protection of Layout-Designs of Integrated Circuits or as indicated by the China National Intellectual Property Administration, and where such delay is attributable to any causes related to the COVID-19 epidemic, the provisions of Article 9.1 of the Regulations on the Protection of Layout-Designs of Integrated Circuits shall apply. The party may, within 2 months after the impediment is removed, but no later than 2 years after the expiration of the time limit, request a restoration of its rights. Where a request for such a restoration is made, no request fee shall be paid, but a request letter for restoration of rights shall be submitted to explain the grounds of doing so, relevant certifications shall be attached, and the formalities required to be completed before the loss of rights shall be carried out.

4. Where a time limit for handling affairs in relation to patents, trademarks and layout-designs of integrated circuits expired during the 2020 Chinese New Year holidays, such date of expiration shall be extended to the first business day after the holidays pursuant to the arrangements of the General Office of the State Council regarding the Chinese New Year holidays.

(The English version is a translation of the original in Chinese for information purpose only. In the case of any discrepancy or inconsistency between the English and the original Chinese version, the Chinese version shall prevail.)

 

Applicants Can Handle Patent, Trademark and Other Services Online

Recently, CNIPA has issued a notice that its service windows will be open from February 3, 2020. In order to strengthen the prevention and control of novel coronavirus pneumonia, effectively reduce the gathering of people and block the spread of novel coronavirus, the applicants are advised to handle the services such as patents, trademarks and layout designs of integrated circuits online via the Internet as they can as possible during the epidemic prevention and control, to minimize the risk of cross infection.

In terms of patent application services, CNIPA provides two approaches for handling online the application services: the electronic application client and the online business processing platform of electronic application. After registered on the China patent online application website (http://cponline.cnipa.gov.cn), the applicant can choose one of the two approaches to edit and submit the patent application documents, receive various types of notifications, and handle the related procedures. If a papery patent application has already been submitted, the applicant can download and install the electronic application client to submit a papery-to-electronic application request and handle the relevant procedures via the electronic application client after approval, or mail other documents after the application date. If a PCT international patent application is to be submitted, the applicant is recommended to choose the electronic application client or the online business processing platform to submit the documents, receive the notifications and handle other services on the PCT electronic application website (http://www.pctonline.cnipa.gov.cn).

In terms of trademark application for registration, the applicants can handle 24 services such as application for registration, change, renewal and transfer of trademarks via the online trademark service system (http://sbj.cnipa.gov.cn/wssq/). They can select “Login for Online Application User” when a trademark application for registration is submitted. If registered, the users can log in directly for business processing; if not, they must be registered before submission of an application. In terms of online payment services, the registered users can select “Login for Online Application User” for handling the payment services. As for online payment only, the applicants can select “Login for Simple User” and make payment before registered for a simple user name. In addition, the applicants are recommended to handle window services as less frequently as possible. Where the services must be handled at the local trademark acceptance windows or in the hall of the trademark examination and cooperation centers outside Beijing, the parties should obey the work notice issued by local relevant institutions during the epidemic prevention and control.

With regard to the registration of layout designs of integrated circuit, the applicants can log in to the online application platform for layout designs of integrated circuit (http://vlsi.cnipa.gov.cn) to submit to CNIPA the new applications and intermediate documents of layout designs of integrated circuit. In order to provide convenience for the majority of users, all the users registered in the online patent application system can directly use the online application system of integrated circuit; those unregistered can use the same after registered in the online application platform for layout designs of integrated circuit.

 

Matters Concerning the Time Limits for Trademark Business Handling Due to the Novel Coronavirus Outbreak

On February 6, CNIPA published the Answers to Matters Concerning the Time Limits for Trademark Business Handling Due to the Novel Coronavirus Outbreak (hereinafter referred to as the Answers) on its website, specifying related matters for clients.

The Answers specifies that, for trademark-related businesses like trademark supplement and correction, reply to examination comments, trademark fee payment, provision of proof for use for applications on the same day and reply of negotiation, provision of proof for cancellation of registered trademark for non-use for three consecutive years, application, reply and additional evidence for trademark oppositions, retrial of refused trademark and retrial of invalidation, and trademark-related matters like reply to request for invalidation and additional evidence, if the client fails to do them within the legal or specified time limit due to the epidemic, related time limit shall be suspended since the date when client begins to be hospitalized or isolated after being infected with the novel coronavirus pneumonia or the date when trademark businesses can’t be handled normally in the place where the client is located due to the prevention and control measures, until the date when the infected client is discharged from hospital or the isolation ends, or the date when the local place resumes work and management and control on people ends.

The Answers also specifies that, when handling the above trademark businesses, clients shall also submit the written application for the suspension of the applicable time limit, which is supposed to specify the place where the client is located during the epidemic, barrier to exercise of right and date of elimination, with corresponding evidentiary materials being attached. The evidentiary materials shall include the time limit of infection and treatment, isolation or control, except the public notice on postponement of resuming work issued by local government. To lighten the burden of clients affected by the epidemic, for multiple similar applications for suspension of time limit for the same reason, only one copy of the evidentiary materials needs to be submitted, and it shall be submitted together with one of the cases. And for other cases, only the application number of the case to which the evidentiary materials are enclosed needs to be indicated in the application for suspension of the applicable time limit. 

In addition, clients who fail to apply for registration renewal of trademarks within the extension period due to the epidemic, which may cause the loss of trademark right, may apply for extension within two months since the elimination of the barrier to the exercise of the rights, with related evidentiary materials being attached.

 

Source: CNIPA

Suite 5-12, 5th Floor, Tower W1, The Tower Offices, Oriental Plaza, No.1 East Chang'an Avenue, Dongcheng District, Beijing 100738, China
Telephone: (86 10) 8529 5526 Fax: (86 10) 8529 5528 E-mail:email
京ICP备05017717号 | 京公网安备11010102001062号 | Disclaimers | Copyright | Privacy Statement