January 8, 2003

CHINA NOW ADOPTING REVISED PCT ARTICLE 22 (1) 

Dear Sir/Madam:                                                                                         < back >

As you may know, PCT Article 22 (1) was revised and became effective on April 1, 2002.  At that time, China did not adopt the revised Article 22 (1). But now, the Implementing Regulations of the Chinese Patent Law has been amended to be in conformity with the revised PCT Article 22 (1). This amendment will become effective on February 1, 2003. 

As a result of the amendment, PCT Article 22(1) will be applicable in P. R. China from February 1, 2003.  Therefore, an applicant of a PCT patent application having its 20 months term (from the priority date, if any) due on or after February 1, 2003 will be allowed to file the PCT application of entering into the national phase in China within 30 months even if no PCT Chapter II Demand For International Preliminary Examination is submitted within 19 months from the priority date. 

However, a Demand For International Preliminary Examination should still be submitted within 19 months from the priority date if the 20 months term of the PCT patent application is due on or before January 31, 2003. This means any PCT patent application must be entered, if so desired, into China within 20 months term if the 20 months term is due on or before January 31, 2003 

Please do not hesitate to contact us if you have any further question in connection with this matter.

Jeekai & Partners