How to Change Bibliographic Data for Chinese Patent Applications?

When file Chinese patent applications, we will submit certain bibliographic data, such as inventor information, priority information, representative information, applicant information, etc. Sometimes, we may need to change some bibliographic information due to wrong filling or transfer of right. How to change bibliographic data after application filing? Will there be official fees? In this article, we will share some key points related to bibliographic data change with you.

What are bibliographic data?

The bibliographic data include the application number, filing date, tile of invention-creation, information relating to priority, information relating to the applicant or the patentee, name of inventor, information relating to the patent agency, information relating to the contact person, and representative.

Formalities of Making Changes in Bibliographic Data

If any change in the bibliographic data is requested, it is required to submit the Statement for Change in Bibliographic Data (Statement). Here are some frequently asked questions:

1) If I need to change several items of the bibliographic data of a patent application at the same time, should I file several statements?

• No, only one such statement is required to be submitted.

2) If the same item of the bibliographic data of several patent applications is to be changed, and the contents to changed are completely identical, can I file one statement for all the applications.

• No, even if the contents to be changed are completely identical, one statement for each application is required to be submitted.

How Much is the Official Fee？

When a request for a change in the bibliographic data is submitted, the handling fee shall be paid in accordance with the relevant provisions. Where the applicant requests to change the inventor and/or the applicant (or patentee), 200 Yuan shall be paid for change in the bibliographic data. Where the applicant requests to change the patent agency and/or agent, there will be no official fee.

What if an applicant needs to change several items at the same time, how much is the official fee?

If an applicant needs to change several items at the same time, the official fee will still be 200Yuan. For example, the applicant requests to change the applicant of a patent application from A to B, and then from B to C, such continuous change shall be regarded as one change in the bibliographic data. And if at the same time the applicant needs to change the name of the inventor, the applicant is still only required to pay 200 Yuan for the changes in the bibliographic data.

When to Pay the Official Fee?

The handling fee for a change in the bibliographic data shall be paid within one month from the date on which the request concerned is submitted. If the fee is not paid or not paid in full within the time limit, the request for a change in the bibliographic data shall be deemed not to have been made.

Certifying Documents for Change in Bibliographic Data

We mentioned above that a Statement for Change in Bibliographic Data is needed when changing bibliographic data. In addition to the Statement, certifying documents for change in bibliographic data are also needed. For different kinds of bibliographic change, different certifying documents are required.

Type 1 – Change of Name of Applicant

1) Where any person submits the request for a change due to the change of his name, certifying document provided by the household registration administrative authority shall be submitted.

2) Where any person submits the request a change due to writing errors, a declaration signed or sealed by himself and the document certifying his identification shall be submitted.

3) Where any legal person of an enterprise submits the request for a change due to the change of its name, the certifying document provided by the administrative authority for industry and commerce shall be submitted.

4) Where any foreign individual, enterprise, or other type of organization submits the request for a change due to the change of his/its name, the corresponding certifying document shall be submitted with reference to the above-mentioned provisions.

5) Where any foreign individual, enterprise, or other type of organization submits the request for a change due to the change in the Chinese translation of his/its name, the applicant’s declaration shall be submitted.

Type 2 – Transfer of Right to Apply for a Patent

1) Where the request for a change is submitted due to a right transfer as a result of a dispute over the ownership of the right of the applicant, the person requesting a change in the bibliographic data shall submit an agreement of transfer of the right signed or sealed by all the interested parties if the dispute has been settled through negotiations.

2) Where the right of the applicant has been transferred because of assignment or gift, and a request for a change in the bibliographic data is submitted, the contract on the assignment or gift shall be submitted.

Type 3 – Change of Inventor

1) Where the request to make a change is due to the change of the inventor’s name, certifying document provided by the household registration administrative authority shall be submitted.

2) Where the request to make a change is due to failure to fill in the name of inventor or his wrong name filled in, the certifying document signed or sealed by all the applicants and the inventors before the change shall be submitted.

3) Where the request to make a change is due to the change of the Chinese translation, the inventor’s declaration shall be submitted.

Type 4 – Change of Patent Agency and Agent

Where any applicant changes his patent agency, the declaration dissolving the appointment of the initial patent agency and the power of attorney of the new pointed patent agency, signed, or sealed by all the applicants, shall be submitted.

Examination and Approval of Request for Change in Bibliographic Data

The examiner shall examine in accordance with the Statement and the attached certifying documents submitted by the parties involved. If all the documents submitted to CNIPA are in conformity with the provisions, the Notification of Passing Examination on Formalities shall be sent to the parties concerned. And the change will take effect upon the issuance of Notification.

Generally speaking, it takes about 3 weeks for examiner to issue the Notification.

To sum up, when it comes to change bibliographic data of a patent application, the applicant shall go through the formalities of submitting a Statement and relevant certifying documents. In addition, required official fees should be paid in time, otherwise the changes will not be recorded accordingly.

Hope you find the above information helpful. Should you have any questions, please feel free to contact us.