Director of bureau of national intellectual property makes eleventh date basis " design of graph of integrated circuit cloth protects byelaw " , make especially " rules of protection of design of graph of integrated circuit cloth carries out detailed rules " , grant to announce now, from two years October rises one day apply. 　
of director Wang Jingchuan two years on September 18
General principles of the first chapter the first tenet is designed to protect integrated circuit cloth to pursue (graph of cloth of the following abbreviation is designed) patent rights, the progress of technology of integrated circuit of stimulative our country and innovation, basis " design of graph of integrated circuit cloth protects byelaw " (byelaw of the following abbreviation) , make this executive detailed rules (the following abbreviation this detailed rules) . The service of intellectual property of the State Council that place of byelaw of the 2nd orgnaization that register weighs is to point to bureau of national intellectual property. All sorts of documents that the formal byelaw that the 3rd conduction formalities needs to use provides with this detailed rules, the other form that perhaps ought to provide with bureau of national intellectual property with written form is dealt with. Unit of China of orgnaization of the 4th representative or the individual applies for cloth to graph design is registered and be dealt with in home other with cloth the graph designs the general affairs that concern, can entrust patent representative orgnaization to deal with. Often did not reside place to perhaps do business in China enterprise of the foreigner of place, foreign country or other organization is in the foreign country to design of graph of Chinese application cloth is registered and be dealt with other with cloth the graph designs the general affairs that concern, the patent representative orgnaization that ought to entrust bureau of national intellectual property to appoint is dealt with. File of the 5th application and application day decide what apply for cloth graph design to register to bureau of national intellectual property really, what ought to refer cloth graph to design the application form that register and design of this cloth graph is duplicate or design; Cloth graph design is applying for day of devoted already before commerce to use, still ought to submit the integrated circuit sample that contains design of this cloth graph. The day that place of the fund before bureau of national intellectual property is received narrates cloth graph to design application file is application day. If application file mails, the indicia day that gives in order to send is application day. The byelaw of language according to of the 6th file sets all sorts of referred documents to ought to use Chinese with this detailed rules. The country has the term of science and technology of unified regulation, ought to use normative word; Foreigner name, place name and division technology language did not unite Chinese translation, ought to make clear textual. According to byelaw and file of all sorts of certificate that this detailed rules regulation submits and proof are foreign language, bureau of national intellectual property thinks when necessary, can ask party is pointing to to be added inside deadline surely send Chinese translation; Expire to was not added send, regard as did not submit this certificate and proof document. Of the 7th file hand over and all sorts of files that service mails to bureau of national intellectual property, the indicia day that gives in order to send is deliver day. Indicia day is unsharpness, outside dividing party to be able to offer a proof, the day that gets a document with bureau of national intellectual property is deliver day. All sorts of files of bureau of national intellectual property, can pass mail, direct deliver is other perhaps means service party. Party entrusts patent representative orgnaization, orgnaization of representative of file deliver patent; Did not entrust patent representative orgnaization, the contact of the demonstrate in file deliver application form. All sorts of files that bureau of national intellectual property mails, the day that issues from the file rises full 15 days, illative the day that gets a document for party. Set according to bureau of national intellectual property ought to the file of direct deliver, it is service day with delivery day. File deliver address is not clear, cannot mail, can pass party of declared means service. The sun from announcement rises full a month, this file regards as already service. The computation of the 8th deadline is not calculated the first day of all sorts of time limit that byelaw sets with this detailed rules inside deadline. Deadline with year or lunar calculative, with its corresponding day of last months is day of deadline at the expiration of one's term of office; Do not have corresponding day this months, it is day of deadline at the expiration of one's term of office with. Day of deadline at the expiration of one's term of office is legal holiday, it is day of deadline at the expiration of one's term of office with the first weekday after holiday. The extension of the refreshment of the 9th right and deadline the deadline that party delays this detailed rules because of the main content that cannot defy to set or the term that bureau of national intellectual property designates, cause its right to lose, inside 2 months since the day that eliminates from the obstacle, but the sun from deadline at the expiration of one's term of office rises at latest 2 years inside, can show reason to bureau of national intellectual property and add a concerned proof file, the request restores its right. The deadline that party delays this detailed rules because of warrant to set or the term that bureau of national intellectual property designates, cause its right to lose, bureau of intellectual property of country of introversion of 2 months since the day of the announcement that can receive bureau of national intellectual property oneself shows reason, the request restores its right. Party requests to extend the deadline that bureau of national intellectual property appoints, ought to be before deadline at the expiration of one's term of office, show reason to bureau of national intellectual property and deal with concerned formalities. The time limit that byelaw sets must not request to lengthen. Design of graph of the 10th mutual cloth is 2 above unit or individual collaboration creates, the person that create ought to apply for cloth graph design to register jointly; The contract agrees, agree from its. Involve mutual cloth plan to design patent rights, graph design obligee is in each collective cloth to was not asked for otherly below the circumstance that obligee of design of collective cloth graph agrees with, what must not hold its rights of some that one share to undertake cession, go out to pledge or conclude with other exclusive license contract perhaps discharges him to allow a contract. Eleventh outward compatriots transfers unit of patent rights China or the individual is outward compatriots makes over cloth graph to design patent rights, dealing with to bureau of national intellectual property transfer the proof document that the State Council ought to submit to allow its to make over about director branch when registering. Cloth graph designs patent rights happening to transfer, party ought to by concerned proof file or legal copy clerk is dealt with to bureau of national intellectual property write collection project to change procedures.
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