No. 81

Order of the CNIPA

The Measures for Administrative Adjudication and Mediation of Patent Disputes have been deliberated and adopted at the 7th executive meeting on December 13, 2024, and are hereby promulgated and shall be effective from February 1, 2025, onwards.

Commissioner   SHEN Changyu

December 26, 2024

Among them, Article 18 provides:

Article 18 If the petitioner is a foreigner, the case adjudicator shall require them to submit a valid identity certificate notarized by the notary office of their country and authenticated by the Embassy of the People's Republic of China in that country. The application will not be accepted if they refuse to provide the documents. If they entrust an agent, the submitted power of attorney formed abroad shall be notarized by the notary office of the petitioner's country and authenticated by the Embassy of the People's Republic of China in that country. If there are specific provisions in relevant treaties regarding certification procedures between the People's Republic of China and the petitioner's country, the specific provisions should prevail.

The power of attorney signed in the People's Republic of China territory shall be recognized if it is signed in the presence of the case adjudicator or notarized by a notary organ of the People's Republic of China. For foreigners who have obtained permanent residence status in China, the foreigner's permanent residence document they hold is a valid identity document.

If the petition has been accepted, the department in charge of patent affairs may require the petitioner to provide relevant supplementary materials within a specified time limit. If the petitioner fails to provide the materials without any justified reasons after the expiration of the time limit, the case may be lawfully revoked.

(Source: website of the CNIPA)