Patent Act Article 110May 1, 2019

Foreign language documents

The description, claim(s), and drawing(s) of an application for utility model that are provided in a foreign language pursuant to Paragraph 3 of Article 106 shall not be amended.

The Chinese translation provided pursuant to Paragraph 3 of Article 106 shall not extend beyond the scope of content disclosed in the original foreign language documents as filed.

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Patent Act Article 106May 1, 2019

Filing date

An application for a utility model patent shall be filed with the Specific Patent Agency by the owner of right to apply for a patent by providing a request form, a description, claim(s), an abstract, and drawing(s).

The filing date of a patent application for utility model shall be the date on which the request form, description, claim(s), and drawing(s) are provided in full.

Where an applicant does not provide a description, claim(s) and drawing(s) in Chinese at the time of filing, but in a foreign language, and where the Chinese translation for the said documents is provided within the time period specified by the Specific Patent Agency, the filing date shall be the date on which the foreign language version is originally provided.

Where the Chinese translation is not provided within the specified time period as stated in the preceding paragraph, the patent application shall be dismissed; however, if the Chinese translation is provided before the dismissal decision is served, the date on which the Chinese translation is provided shall be regarded as the filing date, and the foreign language version shall be deemed not to have been provided.

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