(Promulgated by Order No.306 of the State Council of the People’s Republic of China on June 15, 2001, first revised according to the Decision of the State Council on Amending the Implementing Rules of People’s Republic of China (PRC) Patent Law on December 28, 2002, and second revised according to the Decision of the State Council on Amending the Implementing Rules of People’s Republic of China (PRC) Patent Law on January 9, 2010).
Chapter I General Principles
Article 1 These Rules are formulated in accordance with the Patent Law of People’s Republic of China (PRC) (hereinafter referred to as the Patent Law).
Article 2 All formalities stipulated in the Patent Law and these Detailed Rules shall be handled in written form or other forms stipulated by the patent administration department of the State Council.
Article 3 All documents submitted in accordance with the Patent Law and these Rules shall be in Chinese. Where the state has unified scientific and technological terms, standardized words shall be adopted; If there is no unified Chinese translation of foreigners’ names, place names and technical terms, the original text shall be indicated.
All kinds of certificates and supporting documents submitted in accordance with the Patent Law and these Rules are in foreign languages, and the patent administration department of the State Council may require the parties concerned to attach Chinese translations within a specified time limit when it deems it necessary; If it is not attached at the expiration, it shall be deemed that the certificate and supporting documents have not been submitted.
Article 4 All documents mailed to the patent administration department in the State Council shall be submitted on the postmark date; If the postmark date is unclear, the date of receipt by the patent administration department in the State Council shall be the date of submission, unless the parties concerned can provide proof.
Various documents of the patent administration department in the State Council may be delivered to the parties concerned by mail, direct delivery or other means. If the parties entrust a patent agency, the documents shall be sent to the patent agency; If a patent agency is not entrusted, the document shall be sent to the contact person specified in the request.
All kinds of documents mailed by the patent administration department in the State Council are presumed to be the date of receipt of the documents by the parties concerned after 15 days from the date of issuance of the documents.
Documents that should be delivered directly according to the provisions of the patent administration department of the State Council shall be delivered on the date of delivery.
If the delivery address of the document is unclear and it cannot be mailed, it can be served to the parties by announcement. One month after the date of announcement, the document shall be deemed to have been delivered.
Article 5 The first day of various deadlines stipulated in the Patent Law and these Detailed Rules shall not be counted as the deadline. If the term is calculated in years or months, the expiration date shall be the corresponding day of the last month; If there is no corresponding day in the month, the expiration date shall be the last day of the month; If the expiration date is a statutory holiday, the expiration date shall be the first working day after the holiday.
Article 6 Where a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within two months from the date when the obstacle is removed, or at the latest within two years from the date when the time limit expires.
In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council for other legitimate reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of receiving the notice from the patent administration department in the State Council.
Where a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before the loss of rights; In accordance with the provisions of the second paragraph of this article, a request for restoration of rights shall also be paid.
Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council and go through the relevant formalities before the expiration of the time limit.
The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law.
Article 7 Where a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and examined by the national defense patent institution; Where the patent application accepted by the patent administrative department of the State Council involves national defense interests and needs to be kept confidential, it shall be handed over to the national defense patent institution for examination in time. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
Where the administrative department for patent in the State Council considers that the application for a patent for invention or utility model it accepts involves national security or major interests other than national defense interests and needs to be kept confidential, it shall promptly make a decision to treat it as a confidential patent application and notify the applicant. The special procedures for examination and reexamination of confidential patent applications and invalidation of confidential patent rights shall be formulated by the patent administration department of the State Council.
Article 8 The invention or utility model completed in China mentioned in Article 20 of the Patent Law refers to the invention or utility model completed in China with the substantial content of the technical scheme.
Any unit or individual that applies for a patent for an invention or utility model completed in China to a foreign country shall request the patent administration department of the State Council to conduct a confidential examination in one of the following ways:
(a) to apply for a patent directly to a foreign country or to submit an international application for a patent to a relevant foreign institution, a request shall be made to the patent administration department of the State Council in advance, and its technical scheme shall be explained in detail;
(2) Anyone who intends to apply for a patent in a foreign country or submit an international application for a patent to a relevant foreign institution after applying for a patent to the patent administration department in the State Council shall make a request to the patent administration department in the State Council before applying for a patent in a foreign country or submitting an international application for a patent to a relevant foreign institution.
Where an international patent application is submitted to the patent administrative department of the State Council, it shall be deemed that a request for confidentiality review has been made at the same time.
Article 9 After receiving the request submitted in accordance with Article 8 of these Rules, the patent administration department of the State Council shall, after examination, consider that the invention or utility model may involve national security or vital interests and need to be kept confidential, and shall promptly issue a notice of confidentiality review to the applicant; If the applicant fails to receive the notice of confidentiality review within 4 months from the date of submission of his request, he may apply for a patent for the invention or utility model abroad or submit an international patent application to the relevant foreign institutions.
Where the patent administration department in the State Council notifies the confidentiality review in accordance with the provisions of the preceding paragraph, it shall make a timely decision on whether confidentiality is required and notify the applicant. If the applicant fails to receive a decision on confidentiality within 6 months from the date of submission of his request, he may apply for a patent for the invention or utility model abroad or submit an international patent application to the relevant foreign institutions.
Article 10 The term "invention-creation that violates the law" as mentioned in Article 5 of the Patent Law does not include invention-creation that is actually prohibited by law.
Article 11. Except under the circumstances stipulated in Articles 28 and 42 of the Patent Law, the date of filing mentioned in the Patent Law means the priority date if there is priority.
Unless otherwise specified, the filing date mentioned in these Rules refers to the filing date stipulated in Article 28 of the Patent Law.
Article 12 The term "service invention-creation" as mentioned in Article 6 of the Patent Law refers to:
(1) Inventions and creations made in the course of their own work;
(2) Inventions and creations made by performing tasks other than their own jobs entrusted by their own units;
(3) Inventions and creations made within one year after retirement, transfer from the original unit or termination of labor and personnel relations, which are related to their own work undertaken by the original unit or tasks assigned by the original unit.
The unit mentioned in Article 6 of the Patent Law includes temporary work units; The material and technical conditions of the entity mentioned in Article 6 of the Patent Law refer to the capital, equipment, spare parts, raw materials or technical materials of the entity that are not disclosed to the public.
Article 13 The inventor or designer mentioned in the Patent Law refers to a person who has made creative contributions to the substantive features of invention-creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work is not an inventor or designer.
Article 14 Where the patent right is transferred for other reasons except in accordance with the provisions of Article 10 of the Patent Law, the parties concerned shall go through the formalities for the transfer of the patent right with the patent administration department of the State Council on the strength of relevant supporting documents or legal documents.
The patent licensing contract concluded between the patentee and others shall be filed with the patent administrative department of the State Council within 3 months from the date when the contract comes into effect.
Where the patent right is pledged, the pledgor and the pledgee shall jointly register the pledge with the patent administration department of the State Council.
Chapter II Application for a Patent
Article 15 Anyone who applies for a patent in written form shall submit the application documents in duplicate to the patent administration department of the State Council.
To apply for a patent in other forms prescribed by the administrative department for patent in the State Council, it shall meet the prescribed requirements.
Where the applicant entrusts a patent agency to apply for a patent and handle other patent affairs with the patent administration department of the State Council, it shall submit a power of attorney at the same time, indicating the authorization authority.
Where there are two or more applicants and no patent agency has been entrusted, unless otherwise stated in the request, the first applicant specified in the request shall be the representative.
Article 16 The request for an application for a patent for invention, utility model or design shall specify the following items:
(1) the name of the invention, utility model or design;
(2) If the applicant is a unit or individual in China, its name, address, postal code, organization code or identity card number; If the applicant is a foreigner, foreign enterprise or other foreign organization, its name, nationality or registered country or region;
(3) the name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and agency code of the entrusted agency and the name, practice license number and contact number of the patent agent designated by the agency;
(5) Where priority is claimed, the date of filing, the application number and the name of the original accepting institution of the first patent application filed by the applicant (hereinafter referred to as the earlier application);
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of additional documents;
(nine) other relevant matters that need to be stated.
Article 17 The description of an application for a patent for invention or utility model shall indicate the name of the invention or utility model, which shall be consistent with the name in the request. The instructions shall include the following contents:
(1) Technical field: indicate the technical field to which the technical scheme to be protected belongs;
(2) Background technology: stating the background technology useful for understanding, searching and examining the invention or utility model; Possible, and cite documents reflecting these background technologies;
(3) Content of the invention: state clearly the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and state clearly the beneficial effects of the invention or utility model in comparison with the existing technology;
(4) Description of drawings: If there are drawings in the specification, a brief description of each drawing shall be given;
(5) Specific mode of implementation: specify in detail the preferred mode of realizing the invention or utility model that the applicant thinks; If necessary, give examples; If there are drawings, refer to the drawings.
An applicant for a patent for invention or utility model shall write the specification in the manner and order specified in the preceding paragraph, and write the title in front of each part of the specification, unless the nature of the invention or utility model can be written in other ways or order to save the length of the specification and enable others to accurately understand the invention or utility model.
The description of the invention or utility model shall use standardized words and clear sentences, and shall not use "as claimed in claim … … The … …” A kind of quotation, also may not use commercial propaganda language.
Where an application for a patent for invention contains one or more nucleotide or amino acid sequences, the specification shall include a list of sequences conforming to the provisions of the patent administration department of the State Council. The applicant shall submit the sequence table as a separate part of the specification, and submit a computer-readable copy of the sequence table in accordance with the provisions of the patent administration department of the State Council.
The specification of an application for a patent for utility model shall have drawings showing the shape, structure or combination of the product to be protected.
Article 18 Several drawings of an invention or utility model shall be in accordance with "Figure 1, Figure 2, … …” Order number arrangement.
Reference symbols not mentioned in the text of the description of the invention or utility model shall not appear in the attached drawings, and reference symbols not appearing in the attached drawings shall not be mentioned in the text of the description. The reference numerals indicating the same component in the application documents shall be consistent.
The attached drawings should not contain other notes except necessary words.
Article 19 The patent claim shall record the technical features of the invention or utility model.
Where there are several claims in the patent claim, they shall be numbered in Arabic numerals.
The scientific and technological terms used in the claims shall be consistent with those used in the specification, and may have chemical formula or mathematical formula, but no illustrations. Unless absolutely necessary, "such as instruction manual … … Part of the "or" as shown in figure … … As shown in ".
The technical features in the claim can refer to the corresponding marks in the attached drawings of the specification, which should be placed in brackets after the corresponding technical features to facilitate the understanding of the claim. Reference signs shall not be construed as limiting the claims.
Article 20 The claims shall have independent claims or subordinate claims.
The independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features to solve the technical problems.
The dependent claims shall further define the cited claims with additional technical features.
Article 21 An independent claim of an invention or utility model shall include a preamble part and a characteristic part, and shall be written in accordance with the following provisions:
(1) Preface: indicate the title of the subject of the technical scheme of the invention or utility model to be protected and the necessary technical features shared by the subject of the invention or utility model and the nearest existing technology;
(2) Characteristic part: Use "characterized by … …” Or similar terms, indicating the technical features of the invention or utility model that are different from the nearest existing technology. These features, together with those stated in the preamble, define the scope of the invention or utility model.
Where the nature of the invention or utility model is not suitable to be expressed in the way mentioned in the preceding paragraph, the independent claim may be written in other ways.
An invention or utility model shall have only one independent claim, which shall be written before the subordinate claim of the same invention or utility model.
Article 22 A dependent claim of an invention or utility model shall include a quoting part and a defining part, and shall be written in accordance with the following provisions:
(1) Citation part: indicate the serial number of the cited claim and its subject name;
(2) Defined part: indicating the additional technical features of the invention or utility model.
Subordinate claims can only refer to previous claims. A plurality of subordinate claims that cite more than two claims can only cite the preceding claim in one way, and shall not be used as the basis of another plurality of subordinate claims.
Article 23 The abstract of the specification shall indicate the summary of the contents disclosed in the application for a patent for invention or utility model, that is, the name of the invention or utility model and its technical field, and clearly reflect the technical problem to be solved, the main points of the technical scheme to solve the problem and the main uses.
The abstract of the specification can contain the chemical formula that best explains the invention; An application for a patent with drawings shall also provide a drawing that best illustrates the technical characteristics of the invention or utility model. The size and clarity of the attached drawings shall ensure that all details in the drawings can still be clearly distinguished when the drawings are reduced to 4cm× 6cm. The text of the abstract shall not exceed 300 words. Commercial advertising language shall not be used in the abstract.
Article 24. Where an invention for which a patent is applied involves a new biological material, which is not available to the public and the description of the biological material is insufficient to enable technicians in the field to implement the invention, in addition to complying with the relevant provisions of the Patent Law and these Detailed Rules, the applicant shall also go through the following procedures:
(1) Submit the sample of the biological material to the preservation unit recognized by the patent administration department of the State Council for preservation before the application date or at the latest on the application date (priority date if there is priority), and submit the preservation certificate and survival certificate issued by the preservation unit at the time of application or at the latest within 4 months from the application date; If the certificate is not submitted at the expiration, the sample shall be deemed as not submitted for preservation;
(2) In the application documents, provide information about the characteristics of the biomaterial;
(3) An application for a patent involving the preservation of samples of biomaterials shall indicate the classification and naming of the biomaterials (indicating the Latin name), the name, address, preservation date and preservation number of the unit that preserved the samples of biomaterials in the request and specification; If it is not specified at the time of application, it shall be corrected within 4 months from the date of application; If it is not corrected within the time limit, it shall be deemed that it has not been submitted for preservation.
Article 25 Where an applicant for a patent for invention preserves samples of biological materials in accordance with the provisions of Article 24 of these Rules, and after the publication of the application for a patent for invention, any unit or individual needs to use the biological materials involved in the application for a patent for invention for experimental purposes, it shall make a request to the patent administration department of the State Council, and specify the following items:
(1) The name and address of the claimant;
(2) A guarantee that the biomaterial will not be provided to anyone else;
(3) a guarantee that it will only be used for experimental purposes before the patent right is granted.
Article 26 The term "genetic resources" as mentioned in the Patent Law refers to materials that contain genetic functional units and have actual or potential value, such as human bodies, animals, plants or microorganisms. Inventions made by relying on genetic resources as mentioned in the Patent Law refer to inventions made by using the genetic function of genetic resources.
Where an application for a patent is filed for an invention-creation completed by relying on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department of the State Council.
Article 27 Where an applicant requests color protection, he shall submit color pictures or photographs.
The applicant shall submit relevant pictures or photographs on the contents that need to be protected for each design product.
Article 28 A brief description of a design shall specify the name and purpose of the design product, the design points of the design, and specify a picture or photograph that best shows the design points. If the view is omitted or the color protection is requested, it shall be stated in the brief description.
Where an application for a patent for design is filed for a number of similar designs of the same product, one of them shall be designated as the basic design in the brief description.
The brief description shall not use commercial advertising language, nor shall it be used to explain the performance of the product.
Article 29 The administrative department for patent in the State Council may, when it deems it necessary, require the applicant for a patent for design to submit samples or models of products using the design. The volume of the sample or model shall not exceed 30cm× 30cm× 30cm, and the weight shall not exceed 15kg. Perishable, fragile or dangerous goods shall not be submitted as samples or models.
Article 30 An international exhibition recognized by the government of China as mentioned in Item (1) of Article 24 of the Patent Law refers to an international exhibition registered with or recognized by the Bureau of International Exhibitions as stipulated in the Convention on International Exhibitions.
The academic conference or technical conference mentioned in Item (2) of Article 24 of the Patent Law refers to the academic conference or technical conference organized by the relevant competent authorities in the State Council or national academic organizations.
Where the invention-creation for which a patent is applied falls under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, the applicant shall make a declaration when filing the patent application, and submit the documents certifying that the invention-creation has been exhibited or published, and the date of exhibition or publication, issued by the organization of the relevant international exhibition, academic conference or technical conference within two months from the date of application.
Where the invention-creation for which a patent is applied is under any of the circumstances listed in Item (3) of Article 24 of the Patent Law, the administrative department for patent in the State Council may require the applicant to submit supporting documents within a specified time limit when it deems it necessary.
Where the applicant fails to make a declaration and submit supporting documents in accordance with the provisions of the third paragraph of this article, or fails to submit supporting documents within the specified time limit in accordance with the provisions of the fourth paragraph of this article, the provisions of Article 24 of the Patent Law shall not apply to his application.
Article 31 Where an applicant claims foreign priority in accordance with Article 30 of the Patent Law, the copy of the earlier application documents submitted by the applicant shall be certified by the original accepting institution. In accordance with the agreement signed between the patent administrative department of the State Council and the accepting institution, if the patent administrative department of the State Council obtains a copy of the earlier application documents through electronic exchange, it shall be deemed that the applicant has submitted a copy of the earlier application documents certified by the accepting institution. Where domestic priority is claimed, the applicant shall be deemed to have submitted a copy of the earlier application documents if the application date and application number of the earlier application are indicated in the request.
Where priority is claimed, but one or two contents of the application date, application number and the name of the original accepting institution of the earlier application are omitted or misspelled in the request, the patent administration department of the State Council shall notify the applicant to make corrections within a specified time limit; If no correction is made within the time limit, it shall be deemed that priority has not been claimed.
Where the name of the applicant claiming priority is inconsistent with the name of the applicant recorded in the copy of the earlier application documents, the certificate of priority transfer shall be submitted. If the certificate is not submitted, it shall be deemed that priority has not been claimed. Where the applicant for a patent application for design claims foreign priority, if the earlier application did not include a brief description of the design, and the brief description submitted by the applicant in accordance with Article 28 of these Rules does not exceed the scope indicated by the pictures or photographs in the earlier application documents, it shall not affect his priority.
Article 32 An applicant may claim one or more priorities in an application for a patent; Where multiple priorities are claimed, the priority period of the application shall be calculated from the earliest priority date.
The applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or invention may be filed on the same subject. However, when the latter application is filed, if the subject matter of the earlier application is under any of the following circumstances, it shall not be used as the basis for claiming domestic priority:
(1) Foreign priority or domestic priority has been claimed;
(2) The patent right has been granted;
(3) Belonging to a divisional application filed in accordance with regulations.
Where the applicant claims domestic priority, the earlier application shall be deemed to have been withdrawn from the date of filing the later application.
Article 33 Where an applicant who has no habitual residence or business office in China applies for a patent or claims foreign priority, the patent administration department in the State Council may require him to provide the following documents when it deems it necessary:
(1) If the applicant is an individual, his nationality certificate;
(2) The certification documents of the country or region where the applicant is an enterprise or other organization;
(three) the applicant’s country, the recognition of China units and individuals can enjoy the patent right, priority and other patent-related rights in that country according to the same conditions as the nationals of that country.
Article 34 In accordance with the provisions of Article 31, paragraph 1, of the Patent Law, two or more inventions or utility models that can be filed as one patent application and belong to a general inventive concept shall be technically interrelated and contain one or more identical or corresponding specific technical features, in which the specific technical features refer to the technical features that each invention or utility model as a whole contributes to the existing technology.
Article 35 In accordance with the provisions of the second paragraph of Article 31 of the Patent Law, if multiple similar designs of the same product are filed as one application, the other designs of the product shall be similar to the basic design specified in the brief description. There shall be no more than 10 similar designs in an application for a patent for design.
The term "two or more designs of products in the same category and sold or used in complete sets" as mentioned in Article 31, paragraph 2 of the Patent Law means that all products belong to the same category in the classification table, are customarily sold or used at the same time, and the designs of all products have the same design concept.
Where two or more designs are filed as one application, the serial number of each design shall be marked before the name of each picture or photograph of each design product.
Article 36 Where an applicant withdraws his patent application, he shall make a declaration to the patent administration department of the State Council, stating the name of the invention-creation, the application number and the date of application.
If the declaration of withdrawing the patent application is made after the patent administrative department of the State Council has made good preparations for publishing the patent application documents, the application documents shall still be published; However, the statement of withdrawing the patent application shall be announced in the patent bulletin published later.
Chapter III Examination and Approval of Patent Applications
Article 37 In the process of preliminary examination, substantive examination, reexamination and invalidation, the person conducting the examination and trial shall voluntarily withdraw, and the party concerned or other interested parties may ask him to withdraw:
(1) Being a close relative of the party concerned or his agent;
(2) Having an interest in the patent application or patent right;
(3) Having other relations with the parties or their agents, which may affect the impartial examination and trial;
(4) Members of the Patent Reexamination Board have participated in the examination of the original application.
Article 38 After receiving the request, specification (utility model must include attached drawings) and claim of an application for a patent for invention or utility model, or the request, picture or photograph of design and a brief description, the patent administration department in the State Council shall specify the date of application, give the application number and notify the applicant.
Article 39 In any of the following circumstances, the patent administrative department of the State Council shall not accept the patent application documents and notify the applicant:
(1) An application for a patent for invention or utility model lacks a request, a specification (the utility model has no appended drawings) or a claim, or an application for a patent for design lacks a request, a picture or a photograph and a brief explanation;
(2) Not using Chinese;
(three) does not meet the provisions of the first paragraph of Article 121st of these rules;
(4) The applicant’s name or address is missing in the request;
(5) It is obviously not in conformity with the provisions of Article 18 or Paragraph 1 of Article 19 of the Patent Law;
(6) The category of the patent application (invention, utility model or design) is unclear or difficult to determine.
Article 40 Where the description of the drawings is written in the specification, but there are no drawings or some drawings are missing, the applicant shall submit the drawings within the time limit specified by the patent administration department of the State Council or declare the cancellation of the description of the drawings. Where the applicant submits the appended drawings, the date of submitting or mailing the appended drawings to the patent administration department of the State Council shall be the application date; If the explanation of the appended drawings is cancelled, the original application date shall be retained.
Forty-first two or more applicants on the same day (refers to the date of application; Where there is priority, it refers to the priority date), if you apply for a patent for the same invention-creation, you shall determine the applicant through consultation after receiving the notice from the patent administration department of the State Council.
Where the same applicant applies for both a patent for utility model and an invention patent for the same invention-creation on the same day (the date of application), it shall separately state that another patent has been applied for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted for the same invention-creation.
When the patent administration department of the State Council announces the grant of the patent right for utility model, it shall announce that the applicant has applied for a patent for invention at the same time in accordance with the provisions of the second paragraph of this article.
If the application for a patent for invention is not found to be rejected after examination, the administrative department for patent in the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. If the applicant renounces, the patent administration department of the State Council shall make a decision to grant the invention patent right, and announce the applicant’s declaration of renouncing the utility model patent right together with the announcement of granting the invention patent right. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the application for a patent for invention; If the applicant fails to reply within the time limit, it shall be deemed to have withdrawn the application for a patent for invention.
The patent right for utility model shall be terminated as of the date when the patent right for invention is announced.
Article 42 Where an application for a patent includes two or more inventions, utility models or designs, the applicant may file a divisional application with the patent administration department of the State Council before the expiration of the time limit specified in the first paragraph of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.
Where the patent administration department of the State Council considers that a patent application does not conform to the provisions of Article 31 of the Patent Law and Article 34 or Article 35 of these Rules, it shall notify the applicant to amend its application within a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to have been withdrawn.
A divisional application shall not change the category of the original application.
Article 43 A divisional application filed in accordance with the provisions of Article 42 of these Rules may retain the original filing date, and if it enjoys priority, it may retain the priority date, but it shall not exceed the scope recorded in the original application.
The divisional application shall go through the relevant formalities in accordance with the provisions of the Patent Law and these Detailed Rules.
The request for divisional application shall indicate the application number and date of the original application. When submitting a divisional application, the applicant shall submit a copy of the original application documents; Where the original application enjoys priority, a copy of the priority document of the original application shall be submitted.
Article 44 The term "preliminary examination" as mentioned in Articles 34 and 40 of the Patent Law refers to examining whether the patent application has the documents and other necessary documents specified in Article 26 or 27 of the Patent Law, and whether these documents conform to the prescribed format, and examining the following items:
(1) Whether the application for a patent for invention obviously falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, whether it does not conform to the provisions of Articles 18, 19, paragraph 1 and 20 of the Patent Law or Article 16 and 26, paragraph 2 of these Rules, and whether it obviously does not conform to the provisions of Article 2, paragraph 5 of Article 26, paragraph 1 of Article 31 and Article 33 of the Patent Law or Articles 17 to 21 of these Rules;
(2) Whether the application for a patent for utility model obviously falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, whether it does not conform to the provisions of Articles 18, 19, paragraph 1 and 20 of the Patent Law or Articles 16 to 19 and 21 to 23 of these Rules, and whether it obviously does not conform to Article 2, paragraph 3, Article 22, paragraph 2 and paragraph 4, Article 26, paragraph 3 and paragraph 4, and Article 31 of the Patent Law.
(3) Whether the application for a patent for design obviously falls under the circumstances specified in Article 5 and Item (6) of Paragraph 1 of Article 25 of the Patent Law, whether it does not conform to the provisions of Article 18 and Paragraph 1 of Article 19 of the Patent Law or Articles 16, 27 and 28 of these Rules, and whether it obviously does not conform to Paragraph 4 of Article 2, Paragraph 1 of Article 23, Paragraph 2 of Article 27, Paragraph 2 of Article 31, Article 33 or this Patent Law.
(4) Whether the application documents comply with the provisions of Article 2 and Article 3, paragraph 1, of these Rules.
The patent administration department of the State Council shall notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made corrections, the administrative department for patent in the State Council still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it.
Article 45 Except for the patent application documents, any other documents related to the patent application submitted by the applicant to the patent administration department of the State Council shall be deemed to have not been submitted under any of the following circumstances:
(1) Failing to use the prescribed format or filling in the form that does not conform to the provisions;
(2) Failing to submit the certification materials as required.
The administrative department for patent in the State Council shall notify the applicant of the examination opinions deemed to have not been submitted.
Article 46 Where an applicant requests the early publication of his application for a patent for invention, he shall make a statement to the patent administration department of the State Council. After preliminary examination of the application, the administrative department for patent in the State Council shall immediately publish the application, unless it is rejected.
Article 47 Where the applicant specifies the products using designs and their categories, it shall use the classification table of design products published by the patent administration department of the State Council. Where the category of the product using the design is not specified or the category written is inaccurate, the administrative department for patent in the State Council may supplement or modify it.
Article 48 From the date of publication of an application for a patent for invention to the date of announcement of the grant of a patent right, any person may submit an opinion to the patent administration department of the State Council on an application that does not conform to the provisions of the Patent Law, and explain the reasons.
Article 49 Where an applicant for a patent for invention is unable to submit the retrieval materials or examination results specified in Article 36 of the Patent Law due to justifiable reasons, he shall make a statement to the administrative department for patent in the State Council, and make a supplementary payment after obtaining the relevant materials.
Article 50 The patent administration department of the State Council shall notify the applicant when examining the patent application on its own according to the provisions of paragraph 2 of Article 35 of the Patent Law.
Article 51 An applicant for a patent for invention may, within three months from the date of receiving the notice from the patent administration department of the State Council that the application for a patent for invention has entered the substantive examination stage, propose amendments to the application for a patent for invention on his own initiative.
An applicant for a patent for utility model or design may, within 2 months from the date of application, propose amendments to the application for a patent for utility model or design.
Where the applicant modifies the patent application documents after receiving the notice of examination opinions issued by the patent administrative department of the State Council, it shall modify the defects pointed out in the notice.
The patent administration department in the State Council can correct the obvious errors of words and symbols in the patent application documents by itself. Where the administrative department for patent in the State Council modifies it by itself, it shall notify the applicant.
Article 52. Except for the modification or addition or deletion of individual words, a replacement page shall be submitted in the prescribed format in the modified part of the specification or claim of an application for a patent for invention or utility model. Where the picture or photograph of an application for a patent for design is modified, a replacement page shall be submitted in accordance with the provisions.
Article 53 In accordance with Article 38 of the Patent Law, the circumstances in which an application for a patent for invention should be rejected after substantive examination refer to:
(1) The application falls under the circumstances specified in Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained according to Article 9 of the Patent Law;
(2) The application does not conform to the provisions of Paragraph 2 of Article 2, Paragraph 1 of Article 20, Paragraph 3, Paragraph 4, Paragraph 5 of Article 26, Paragraph 1 of Article 31 or Paragraph 2 of Article 20 of these Rules;
(3) The amendment of the application does not conform to the provisions of Article 33 of the Patent Law, or the divisional application does not conform to the provisions of Paragraph 1 of Article 43 of these Rules.
Article 54 After the patent administrative department of the State Council issues a notice of granting the patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement.
Failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right.
Article 55 If the application for a confidential patent is not found to be rejected after examination, the patent administration department in the State Council shall make a decision to grant the confidential patent right, issue a confidential patent certificate, and register the relevant matters of the confidential patent right.
Article 56 After the announcement of the decision to grant the patent right for utility model or design, the patentee or interested party specified in Article 60 of the Patent Law may request the patent administrative department of the State Council to make a patent evaluation report.
Where a patent evaluation report is requested, a request for patent evaluation report shall be submitted, indicating the patent number. Each request shall be limited to one patent right.
If the request for patent evaluation report is not in conformity with the provisions, the patent administration department of the State Council shall notify the claimant to make corrections within the specified time limit; If the claimant fails to make corrections within the time limit, it shall be deemed that he has not made a request.
Article 57 The patent administrative department of the State Council shall make a patent evaluation report within 2 months after receiving the request for patent evaluation report. For the same utility model or design patent right, if multiple claimants request to make a patent evaluation report, the patent administration department of the State Council will only make a patent evaluation report. Any unit or individual may consult or copy the patent evaluation report.
Article 58 The administrative department for patent in the State Council shall, once found, correct the mistakes in patent announcements and patent pamphlets, and announce the corrections made.
Chapter iv reexamination of patent applications and invalidation of patent rights
Article 59 The Patent Reexamination Board is composed of technical experts and legal experts designated by the patent administration department in the State Council, and the chairman of the board is concurrently the person in charge of the patent administration department in the State Council.
Article 60 Where a request for reexamination is made to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached if necessary.
Where the request for reexamination does not conform to the provisions of Article 19, paragraph 1, or Article 41, paragraph 1 of the Patent Law, the Patent Reexamination Board shall not accept it, and notify the petitioner in writing and explain the reasons.
If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.
Article 61 The applicant may amend the patent application documents when making a request for reexamination or responding to the notice of reexamination of the Patent Reexamination Board. However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or the notice of review.
The revised patent application documents shall be submitted in duplicate.
Article 62 The Patent Reexamination Board shall forward the accepted request for reexamination to the original examination department of the patent administration department of the State Council for examination. If the original examination department agrees to revoke the original decision at the request of the reexamination claimant, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination claimant.
Article 63 If, after reexamination, the Patent Reexamination Board considers that the reexamination request is not in conformity with the relevant provisions of the Patent Law and these Rules, it shall notify the petitioner and request him to state his opinions within a specified time limit. If there is no reply at the expiration of the time limit, the request for reexamination shall be deemed to have been withdrawn; After stating opinions or making amendments, if the Patent Reexamination Board considers that it still does not conform to the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision to maintain the original rejection decision.
If, after reexamination, the Patent Reexamination Board considers that the original rejection decision does not conform to the relevant provisions of the Patent Law and these Rules, or that the revised patent application document eliminates the defects pointed out in the original rejection decision, it shall revoke the original rejection decision and the original examination department shall continue the examination procedure.
Article 64. Before the Patent Re-examination Board makes a decision, the applicant for re-examination may withdraw his request for re-examination.
Where the reexamination claimant withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated.
Article 65 In accordance with the provisions of Article 45 of the Patent Law, a request for invalidation or partial invalidation of the patent right shall be submitted to the Patent Reexamination Board in duplicate with the necessary evidence. The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based.
The reason for the request for invalidation mentioned in the preceding paragraph refers to that the invention-creation granted a patent does not conform to the provisions of Article 2, Paragraph 1 of Article 20, Article 22, Article 23, Paragraph 3, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Article 33 or Paragraph 2 of Article 20 and Paragraph 1 of Article 43 of these Rules, or belongs to the provisions of Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law.
Rule 66 Where the request for invalidation of the patent right does not conform to the provisions of Paragraph 1 of Article 19 of the Patent Law or Article 65 of these Rules, the Patent Reexamination Board shall not accept it.
After the Patent Reexamination Board has made a decision on the request for invalidation, the Patent Reexamination Board shall not accept the request for invalidation on the same grounds and evidence.
Where a request for invalidation of the patent right for a design is made on the grounds that it does not conform to the third paragraph of Article 23 of the Patent Law, but no evidence to prove the conflict of rights is submitted, the Patent Reexamination Board shall not accept it.
If the request for invalidation of the patent right does not conform to the prescribed format, the claimant for invalidation shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made.
Article 67 After the Patent Reexamination Board accepts the request for invalidation, the claimant may add reasons or supplement evidence within one month from the date of filing the request for invalidation. Where reasons are added or additional evidence is added within the time limit, the Patent Reexamination Board may not consider it.
Article 68 The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, requiring him to state his opinions within a specified time limit.
The patentee and the claimant for invalidation shall reply to the notice of transferring documents or the notice of examining the request for invalidation issued by the Patent Reexamination Board within a specified time limit; Failure to reply within the time limit shall not affect the trial of the Patent Reexamination Board.
Article 69 In the process of examining the request for invalidation, the patentee of a patent for invention or utility model may amend his claim, but shall not expand the scope of protection of the original patent.
The patentee of a patent for invention or utility model shall not modify the patent specification and drawings, and the patentee of a patent for design shall not modify the pictures, photographs and brief descriptions.
Article 70 The Patent Reexamination Board may, at the request of the parties concerned or the needs of the case, decide to conduct an oral hearing on the request for invalidation.
If the Patent Reexamination Board decides to conduct an oral hearing on the request for invalidation, it shall issue a notice of oral hearing to the parties concerned, informing them of the date and place of the oral hearing. The parties concerned shall make a reply within the time limit specified in the notice.
If the claimant for invalidation fails to reply to the notice of oral hearing issued by the Patent Reexamination Board within the specified time limit and does not participate in the oral hearing, his request for invalidation shall be deemed to have been withdrawn; If the patentee does not participate in the oral hearing, he may try it by default.
Article 71 In the procedure for examining the request for invalidation, the time limit specified by the Patent Reexamination Board shall not be extended.
Rule 72 Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request.
Before the Patent Reexamination Board makes a decision, if the applicant for invalidation withdraws his request or his request for invalidation is deemed to have been withdrawn, the procedure for examining the request for invalidation shall be terminated. However, if the Patent Reexamination Board considers that a decision to declare the patent right invalid or partially invalid can be made based on the examination work already carried out, the examination procedure shall not be terminated.
Chapter V Compulsory License for Patent Exploitation
Article 73 The term "not fully exploiting the patent" as mentioned in Item (1) of Article 48 of the Patent Law means that the way or scale of exploiting the patent by the patentee and its licensee cannot meet the domestic demand for patented products or patented methods.
The patented drug mentioned in Article 50 of the Patent Law refers to any patented product in the medical field needed to solve public health problems or a product directly obtained according to the patented method, including the active ingredients needed to manufacture the patented product and the diagnostic supplies needed to use the product.
Article 74 Anyone who requests a compulsory license shall submit a written request for compulsory license to the administrative department for patent in the State Council, explaining the reasons and attaching relevant supporting documents.
The administrative department for patent in the State Council shall send a copy of the request for compulsory license to the patentee, who shall state his opinions within the time limit specified by the administrative department for patent in the State Council; Failure to reply at the expiration of the time limit shall not affect the decision made by the patent administration department of the State Council.
Before making a decision to reject the request for compulsory license or grant a compulsory license, the patent administration department in the State Council shall notify the requester and the patentee of the decision to be made and the reasons.
The decision of the patent administration department in the State Council to grant a compulsory license in accordance with the provisions of Article 50 of the Patent Law shall also comply with the provisions of relevant international treaties concluded or acceded to by China on granting a compulsory license to solve public health problems, except that China has made reservations.
Article 75 In accordance with the provisions of Article 57 of the Patent Law, if a request is made to the administrative department for patent in the State Council for a ruling on the amount of royalties, the parties concerned shall submit a written request for a ruling, and attach the supporting documents that the two parties cannot reach an agreement. The patent administrative department of the State Council shall make a ruling within 3 months from the date of receiving the request, and notify the parties concerned.
Chapter VI Awards and Remunerations for Inventors or Designers of Service Invention-Creation
Article 76 A unit that has been granted a patent right may agree with the inventor or designer or stipulate in its rules and regulations formulated according to law the way and amount of rewards and remuneration as stipulated in Article 16 of the Patent Law.
The rewards and remuneration given by enterprises and institutions to inventors or designers shall be handled in accordance with the provisions of the relevant state financial and accounting systems.
Article 77 Where a unit granted a patent right has not agreed with the inventor or designer, nor has it stipulated in its rules and regulations formulated according to law the way and amount of awards stipulated in Article 16 of the Patent Law, it shall give the inventor or designer a bonus within 3 months from the date of announcement of the patent right. The bonus for an invention patent shall be at least 3,000 yuan; The bonus for a patent for utility model or design shall be at least not less than that of 1000 yuan.
Where an invention-creation is completed because the suggestion of the inventor or designer is adopted by the unit to which it belongs, the unit that has been granted the patent right shall give a bonus from the superior.
Article 78 Where a unit granted a patent right has not agreed with the inventor or designer or stipulated the way and amount of remuneration as stipulated in Article 16 of the Patent Law in its rules and regulations formulated according to law, within the validity period of the patent right, after the invention-creation patent is implemented, it shall extract not less than 2% or not less than 0.2% from the business profit of the invention or utility model patent every year as remuneration to the inventor or designer, or give the inventor or designer a one-time remuneration with reference to the above ratio. Where a unit that has been granted a patent right licenses other units or individuals to exploit its patent, it shall extract not less than 10% of the collected royalties as remuneration to the inventor or designer.
Chapter VII Protection of Patent Right
Article 79 The department for the administration of patent work mentioned in the Patent Law and these Detailed Rules refers to the department for the administration of patent work established by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and the people’s governments of cities divided into districts with heavy workload in patent management and practical handling capacity.
Article 80 The patent administrative department of the State Council shall provide professional guidance to the patent administrative department in handling patent infringement disputes, investigating and handling patent counterfeiting, and mediating patent disputes.
Article 81 Where a party requests to handle a patent infringement dispute or mediate a patent dispute, it shall be under the jurisdiction of the administrative department for patent work where the respondent is located or where the infringement occurred.
Where more than two departments in charge of patent work have jurisdiction over patent disputes, the parties may make a request to one of the departments in charge of patent work; Where a party makes a request to two or more departments that have jurisdiction over patent work, it shall be under the jurisdiction of the department that first accepts it.
Where the administrative department for patent affairs disputes the jurisdiction, the administrative department for patent affairs of the people’s government at a higher level shall designate the jurisdiction; Where there is no department in charge of patent work under the people’s government at a higher level, the jurisdiction shall be designated by the patent administration department of the State Council.
Article 82 In the course of handling a patent infringement dispute, if the respondent requests invalidation and is accepted by the Patent Reexamination Board, he may request the administrative department for patent affairs to suspend the handling.
Where the administrative department for patent affairs considers that the reason for suspension put forward by the respondent is obviously untenable, it may not suspend the processing.
Article 83 Where the patentee marks the patent mark on his patented product or the package of the product in accordance with Article 17 of the Patent Law, it shall mark it in the manner prescribed by the patent administration department of the State Council.
Where the patent mark does not conform to the provisions of the preceding paragraph, the administrative department for patent affairs shall order it to make corrections.
Article 84 The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Marking a patent mark on a product or its packaging that has not been granted a patent right, continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;
(2) selling the products mentioned in item (1);
(3) Calling a technology or design that has not been granted a patent right as a patented technology or design, calling a patent application as a patent, or using another person’s patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(five) other acts that confuse the public and mistake the technology or design that has not been granted a patent right for a patented technology or design.
Before the termination of the patent right, the patent mark is marked on the patented product, the product directly obtained according to the patent method or its packaging according to law, and the promise to sell or sell the product after the termination of the patent right does not belong to the act of counterfeiting patents.
Where a product that is not known to be a counterfeit patent is sold, and the legal source of the product can be proved, the administrative department for patent affairs shall order it to stop selling, but it shall be exempted from the penalty of fine.
Article 85 Except as provided for in Article 60 of the Patent Law, the administrative department for patent affairs may, at the request of the parties concerned, mediate the following patent disputes:
(1) Disputes over the right to apply for a patent and the ownership of the patent;
(2) Disputes over the qualifications of inventors and designers;
(3) Disputes over the reward and remuneration of the inventor or designer of the service invention-creation;
(4) Disputes over the use of an invention after the publication of an application for a patent for invention and before the grant of the patent right without paying an appropriate fee;
(5) Other patent disputes.
For the disputes listed in Item (4) of the preceding paragraph, if a party requests the administrative department for patent affairs to mediate, it shall do so after the patent right is granted.
Article 86 If a party has a dispute over the right to apply for a patent or the ownership of a patent right and has requested the administrative department for patent affairs to mediate or bring a suit in a people’s court, he may request the patent administration department of the State Council to suspend the relevant procedures.
In accordance with the provisions of the preceding paragraph, a request for suspension of relevant procedures shall be submitted to the patent administration department of the State Council, and a copy of the relevant acceptance documents indicating the application number or patent number shall be attached.
After the conciliation statement made by the administrative department for patent affairs or the judgment made by the people’s court comes into effect, the parties concerned shall go through the formalities for resuming the relevant procedures with the patent administration department of the State Council. If the dispute over the right to apply for a patent or the ownership of a patent cannot be closed within one year from the date of requesting suspension, and it is necessary to continue to suspend the relevant procedures, the petitioner shall request an extension of the suspension within this time limit. If no extension is requested at the expiration of the time limit, the patent administration department of the State Council shall resume the relevant procedures on its own.
Article 87 If the people’s court decides to take preservation measures for the right to apply for a patent or the patent right in the trial of a civil case, the administrative department for patent in the State Council shall suspend the relevant procedures for the preserved right to apply for a patent or the patent right on the date of receiving the ruling indicating the application number or patent number and the notice of assistance in execution. If the people’s court fails to decide to continue to take preservation measures after the expiration of the preservation period, the patent administration department in the State Council will resume the relevant procedures on its own.
Article 88 The suspension of relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of the procedures of preliminary examination, substantive examination and reexamination of patent applications, the procedures of granting patent rights and the procedures of declaring patent rights invalid; Suspension of procedures for giving up, changing or transferring the patent right or patent application right, procedures for pledge of patent right and procedures for termination before the expiration of the patent right.
Chapter VIII Patent Registration and Patent Gazette
Article 89 The patent administrative department of the State Council shall set up a patent register to register the following matters related to patent applications and patent rights:
(1) Grant of patent right;
(2) Transfer of patent application right and patent right;
(3) Pledge, preservation and rescission of the patent right;
(four) the filing of the patent licensing contract;
(5) invalidation of the patent right;
(6) Termination of the patent right;
(7) Restoration of the patent right;
(8) Compulsory license for patent exploitation;
(9) the change of the name, nationality and address of the patentee.
Article 90 The patent administration department in the State Council regularly publishes patent bulletins and publishes or announces the following contents:
(a) the description and description of the application for a patent for invention;
(two) the request for substantive examination of the application for a patent for invention and the decision of the the State Council patent administration department to conduct substantive examination of the application for a patent for invention on its own;
(3) Rejection, withdrawal, deemed withdrawal, deemed abandonment, resumption and transfer of an application for a patent for invention after its publication;
(four) the granting of patent rights and the description of patent rights;
(5) An abstract of the description of the patent for invention or utility model, and a picture or photograph of the patent for design;
(6) Decryption of national defense patents and confidential patents;
(7) invalidation of the patent right;
(8) Termination and restoration of the patent right;
(9) Transfer of patent right;
(ten) the filing of the patent licensing contract;
(eleven) the pledge, preservation and termination of the patent right;
(12) Granting of compulsory license for patent exploitation;
(thirteen) the change of the name or address of the patentee;
(14) announcement service of documents;
(fifteen) corrections made by the patent administration department of the State Council;
(sixteen) other related matters.
Article 91 The patent administration department in the State Council shall provide patent bulletins, application pamphlets for invention patents and pamphlets for invention patents, utility model patents and design patents for the public to consult free of charge.
Article 92 The patent administration department in the State Council is responsible for exchanging patent documents with patent authorities or regional patent organizations in other countries and regions on the principle of reciprocity.
Chapter IX Expenses
Article 93 When applying for a patent and going through other formalities with the patent administration department of the State Council, the following fees shall be paid:
(1) Application fee, application surcharge, publication and printing fee and priority claim fee;
(two) the examination fee and reexamination fee for the application for a patent for invention;
(3) Patent registration fee, announcement printing fee and annual fee;
(four) the right to restore the request fee, the request fee for extension of the time limit;
(five) the fee for the change of description, the fee for the request for patent evaluation report and the fee for the request for invalidation.
The payment standards of various fees listed in the preceding paragraph shall be stipulated by the price management department of the State Council and the financial department in conjunction with the patent administration department of the State Council.
Article 94 The fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the patent administration department in the State Council, remitted by post office or bank, or paid in other ways stipulated by the patent administration department in the State Council.
If remittance is made by post office or bank, the correct application number or patent number and the name of the fee paid shall be indicated on the remittance slip sent to the patent administration department of the State Council. Do not meet the provisions of this paragraph, as did not go through the payment procedures.
If the fee is paid directly to the patent administrative department of the State Council, the day of payment shall be the payment date; If the payment is made by post office remittance, the postmark date remitted by post office shall be the payment date; If the fees are paid by bank remittance, the actual remittance date of the bank shall be the payment date.
Where the patent fee is overpaid, re-paid or wrongly paid, the party concerned may, within 3 years from the date of payment, make a refund request to the patent administration department in the State Council, and the patent administration department in the State Council shall refund it.
Article 95 The applicant shall pay the application fee, publication and printing fee and necessary application surcharge within 2 months from the date of application or within 15 days from the date of receiving the acceptance notice; If it fails to pay or pay in full at the expiration of the time limit, its application shall be deemed to be withdrawn.
Where the applicant claims the priority, he shall pay the priority claim fee at the same time as the application fee; Failure to pay or pay in full at the expiration of the time limit shall be deemed as failure to claim priority.
Article 96 Where a party requests substantive examination or reexamination, it shall pay the fee within the relevant time limit stipulated in the Patent Law and these Rules. Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request.
Article 97 When going through the registration formalities, the applicant shall pay the patent registration fee, the printing fee for the announcement and the annual fee for the year when the patent right is granted. Failure to pay or pay in full at the expiration of the period shall be deemed as failure to go through the registration formalities.
Article 98 The annual fee after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee to pay back the annual fee within 6 months from the date when it expires, and pay the late fee at the same time; The amount of the late payment fee shall be calculated by adding 5% of the full annual fee of the current year for each time exceeding the prescribed payment time of 1 month; If it is not paid at the expiration of the time limit, the patent right shall be terminated from the date when the annual fee should be paid.
Ninety-ninth claims for restoration of rights shall be paid within the relevant time limit stipulated in these Rules; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request.
The request fee for extending the time limit shall be paid before the expiration of the corresponding time limit; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request.
The fee for the change of description items, the fee for the request for patent evaluation report and the fee for the request for invalidation shall be paid within one month from the date of making the request; Failing to pay or pay in full at the expiration of the time limit shall be deemed as not making a request.
Article 100 Where the applicant or patentee has difficulty in paying the fees specified in these Detailed Rules, he may, in accordance with the provisions, request the patent administration department of the State Council to reduce or postpone the payment. Measures for reducing or postponing payment shall be formulated by the finance department of the State Council in conjunction with the price management department of the State Council and the patent administration department of the State Council.
Chapter X Special Provisions on International Applications
Article 101 The patent administration department of the State Council shall accept international patent applications filed in accordance with the patent cooperation treaty in accordance with the provisions of Article 20 of the Patent Law.
The provisions of this chapter shall apply to the conditions and procedures for the international patent application filed in accordance with the patent cooperation treaty and designated by China (hereinafter referred to as the international application) to enter the processing stage of the patent administration department in the State Council (hereinafter referred to as the national stage in China); Where there are no provisions in this chapter, the relevant provisions of the Patent Law and other chapters of these Rules shall apply.
Article 102 An international application for which an international filing date has been determined and China has been designated in accordance with the Patent Cooperation Treaty shall be regarded as a patent application filed with the patent administration department of the State Council, and this international filing date shall be regarded as the filing date referred to in Article 28 of the Patent Law.
Article 103 The applicant for an international application shall, within 30 months from the priority date mentioned in Article 2 of the Patent Cooperation Treaty (hereinafter referred to as the priority date in this chapter), go through the formalities for entering the national phase of China with the patent administration department of the State Council; If the applicant fails to go through the formalities within the time limit, he can go through the formalities for entering the national phase of China within 32 months from the priority date after paying the grace fee.
Article 104 An applicant who goes through the formalities for entering the national phase of China in accordance with the provisions of Article 103 of these Rules shall meet the following requirements:
(1) A written statement in Chinese to enter the national phase of China, indicating the international application number and the type of patent right requested;
(2) Pay the application fee and publication and printing fee stipulated in the first paragraph of Article 93 of these Rules, and pay the grace fee stipulated in Article 103 of these Rules when necessary;
(3) If the international application is filed in a foreign language, submit the Chinese translation of the description and claims of the original international application;
(4) The name of the invention-creation, the name and address of the applicant and the name of the inventor shall be stated in the written statement of entering the national phase in China, and the above contents shall be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); If the inventor is not specified in the international application, the name of the inventor shall be specified in the above statement;
(5) If the international application is filed in a foreign language, submit the Chinese translation of the abstract, and if there are drawings and abstract drawings, submit a copy of the drawings and abstract drawings, and if there are words in the drawings, replace them with corresponding Chinese characters; If the international application is filed in Chinese, the abstract in the international publication document and a copy of the appended drawings of the abstract shall be submitted;
(6) If the applicant has gone through the formalities of changing to the International Bureau in the international phase, provide the certification materials that the changed applicant enjoys the right to apply;
(seven) when necessary, pay the application surcharge stipulated in the first paragraph of Article 93 of these Rules.
Where the requirements in Items (1) to (3) of the first paragraph of this Article are met, the patent administration department of the State Council shall give the application number, specify the date when the international application entered the national phase in China (hereinafter referred to as the entry date), and notify the applicant that the international application has entered the national phase in China.
Where the international application has entered the national phase in China, but it does not meet the requirements in Items (4) to (7) of the first paragraph of this article, the patent administration department in the State Council shall notify the applicant to make corrections within a specified time limit; If no correction is made within the time limit, the application shall be deemed to have been withdrawn.
Article 105 An international application shall be terminated in China under any of the following circumstances:
(1) In the international phase, the international application is withdrawn or deemed to be withdrawn, or the designation of China in the international application is withdrawn;
(two) the applicant fails to go through the formalities for entering the national phase of China in accordance with the provisions of Article 103 of these Rules within 32 months from the priority date;
(3) The applicant has gone through the formalities for entering the national phase in China, but the requirements in Items (1) to (3) of Article 104 of these Rules are still not met at the expiration of 32 months from the priority date.
In accordance with the provisions of item (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply to the termination of the validity of the international application in China; In accordance with the provisions of items (2) and (3) of the preceding paragraph, if the validity of the international application in China is terminated, the provisions of paragraph 2 of Article 6 of these Rules shall not apply.
Article 106 Where an international application has been amended in the international phase and the applicant requests to examine it on the basis of the amended application documents, it shall submit a Chinese translation of the amended part within two months from the date of entry. If the Chinese translation is not submitted within this period, the the State Council Patent Administration Department will not consider the amendments proposed by the applicant in the international phase.
Article 107 Where an invention-creation involved in an international application is under any of the circumstances listed in Item (1) or Item (2) of Article 24 of the Patent Law, and a declaration was made when the international application was filed, the applicant shall state it in a written statement on the entry into the national phase in China, and submit the relevant supporting documents specified in Paragraph 3 of Article 30 of these Rules within two months from the date of entry; Where no explanation is given or no supporting documents are submitted within the time limit, the provisions of Article 24 of the Patent Law shall not apply to the application.
Article 108 Where the applicant has explained the preservation of samples of biological materials in accordance with the provisions of the patent cooperation treaty, it shall be deemed that the requirements of Item (3) of Article 24 of these Rules have been met. The applicant shall indicate in the declaration of entering the national phase of China the documents recording the preservation matters of biological material samples and the specific recording position in the documents.
The applicant has recorded the preservation matters of biological material samples in the instructions of the international application originally submitted, but it has not been specified in the statement of entering the national phase in China, and it shall make corrections within 4 months from the date of entry. If it is not corrected within the time limit, the biomaterial shall be deemed as not submitted for preservation.
If the applicant submits the preservation certificate and survival certificate of biological material samples to the patent administration department of the State Council within 4 months from the date of entry, it shall be deemed to have been submitted within the time limit specified in Item (1) of Article 24 of these Rules.
Article 109 Where the invention-creation involved in the international application depends on genetic resources, the applicant shall explain it in the written statement that the international application has entered the national phase in China, and fill in the form formulated by the patent administration department in the State Council.
Article 110 Where the applicant has claimed one or more rights of priority in the international phase, and such rights of priority continue to be valid when entering the national phase in China, it shall be deemed that a written declaration has been made in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay the priority claim fee within 2 months from the date of entry; If the priority is not paid or paid in full at the expiration of the time limit, it shall be deemed that the priority has not been claimed.
If the applicant has submitted a copy of the earlier application documents in accordance with the provisions of the patent cooperation treaty in the international phase, it is not necessary to submit a copy of the earlier application documents to the patent administration department of the State Council when going through the formalities for entering the national phase in China. Where the applicant fails to submit a copy of the earlier application documents at the international stage, the patent administration department of the State Council may, when it deems it necessary, notify the applicant to make it up within a specified time limit; If the applicant fails to make up the application within the time limit, his priority claim shall be deemed not to have been made.
Article 111 Where the patent administrative department of the State Council is required to process and examine the international application in advance before the expiration of 30 months from the priority date, the applicant shall, in addition to going through the formalities for entering the national phase in China, make a request in accordance with the provisions of the second paragraph of Article 23 of the Patent Cooperation Treaty. Where the International Bureau has not transmitted the international application to the patent administration department in the State Council, the applicant shall submit a confirmed copy of the international application.
Article 112 For an international application for a patent right for utility model, the applicant may voluntarily propose to modify the patent application documents within two months from the date of entry.
The provisions of the first paragraph of Article 51 of these Rules shall apply to the international application for the patent right for invention.
Article 113 Where an applicant finds errors in the Chinese translation of the text in the submitted specification, claims or drawings, he may make corrections according to the original international application text within the following prescribed time limit:
(1) Before the patent administrative department of the State Council makes preparations for publishing the application for a patent for invention or the patent right for utility model;
(2) Within 3 months from the date of receiving the notice that the application for a patent for invention has entered the substantive examination stage issued by the patent administration department of the State Council.
Where an applicant corrects a translation error, he shall submit a written request and pay the prescribed translation correction fee.
Where the applicant corrects the translation according to the requirements of the notice of the patent administration department of the State Council, he shall go through the formalities specified in the second paragraph of this article within the specified time limit; If the prescribed procedures are not completed at the expiration of the period, the application shall be deemed to have been withdrawn.
Article 114 Where an international application for a patent right for invention is found by the patent administration department of the State Council to be in conformity with the relevant provisions of the Patent Law and these Rules after preliminary examination, it shall be published in the Patent Gazette; Where an international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.
Where an international application for a patent right for invention is published internationally by the International Bureau in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; Where an international publication is made by the International Bureau in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply as of the date of publication by the the State Council Patent Administration Department.
For international applications, the publication mentioned in Articles 21 and 22 of the Patent Law refers to the publication specified in the first paragraph of this Article.
Article 115 Where an international application contains two or more inventions or utility models, the applicant may, from the date of entry, file a divisional application in accordance with the provisions of the first paragraph of Article 42 of these Rules.
In the international phase, when an international retrieval unit or an international preliminary examination unit considers that the international application does not meet the singularity requirements stipulated in the patent cooperation treaty, the applicant fails to pay the surcharge in accordance with the regulations, resulting in that some parts of the international application have not been searched internationally or have not been preliminarily examined internationally. When entering the national phase in China, the applicant requests that the said parts be used as the basis for examination. If the patent administration department in the State Council thinks that the international retrieval unit or the international preliminary examination unit has correctly judged the singularity of the invention, it shall notify the applicant to pay the singularity recovery fee within a specified period. If it is not paid or paid in full at the expiration of the time limit, the part of the international application that has not been searched or has not been preliminarily examined by the international community shall be deemed to have been withdrawn.
Article 116 Where an international application is refused an international application date or declared as withdrawn by the relevant international entity in the international phase, the applicant may, within two months from the date of receiving the notice, request the International Bureau to forward a copy of any document in the international application file to the patent administration department in the State Council, and go through the formalities specified in Article 103 of these Rules with the patent administration department in the State Council within this time limit. The patent administration department in the State Council shall, after receiving the documents transmitted by the International Bureau, re-examine whether the decision made by the international entity is correct.
Article 117 Where the patent right granted on the basis of an international application is translated incorrectly, so that the scope of protection determined in accordance with the provisions of Article 59 of the Patent Law is beyond the scope expressed in the original text of the international application, the scope of protection restricted according to the original text shall prevail; Where the scope of protection is less than that expressed in the original text of the international application, the scope of protection at the time of authorization shall prevail.
Chapter XI Supplementary Provisions
Article 118 With the consent of the patent administration department in the State Council, anyone may consult or copy the file and patent register of the published or announced patent application, and may request the patent administration department in the State Council to issue a copy of the patent register.
The file of a patent application that has been regarded as withdrawn, rejected or voluntarily withdrawn shall not be kept after 2 years from the date of invalidation of the patent application.
The file of the patent right that has been abandoned, declared null and void and terminated shall not be kept after the expiration of 3 years from the date of invalidation of the patent right.
Article 119 The submission of application documents or the handling of various formalities to the patent administration department in the State Council shall be signed or sealed by the applicant, the patentee, other interested parties or their representatives; If a patent agency is entrusted, it shall be sealed by the patent agency.
Request to change the inventor’s name, the name, nationality and address of the patent applicant and patentee, the name and address of the patent agency and the name of the agent, it shall go through the formalities for changing the recorded items with the patent administration department of the State Council, and attach the supporting materials of the reasons for the change.
Article 120 A registered letter shall be used to mail the documents related to the application or patent right to the patent administration department of the State Council, and no parcel shall be used.
In addition to submitting the patent application documents for the first time, when submitting various documents and going through various formalities to the patent administration department in the State Council, the application number or patent number, the name of the invention-creation and the name of the applicant or patentee shall be indicated.
A letter should only contain documents of the same application.
Article 121 All kinds of application documents shall be typed or printed in black, neat and clear, and shall not be altered. The appended drawings shall be drawn with drawing tools and black ink, and the lines shall be uniform and clear, and shall not be altered.
The request, specification, claims, drawings and abstract shall be numbered in Arabic numerals respectively.
The written part of the application documents shall be written horizontally. Paper is limited to one side.
Article 122 The patent administration department of the State Council shall formulate guidelines for patent examination in accordance with the Patent Law and these Detailed Rules.
Article 123 These Rules shall come into force as of July 1, 2001. On December 12, 1992, the State Council approved the amendment, and on December 21, 1992, the Detailed Rules for the Implementation of the Patent Law of People’s Republic of China (PRC) was abolished at the same time.
标签： 南京新茶工作室
Notice of the General Office of Hunan Provincial People’s Government on Printing and Distributing the Measures for Publicity of Administrative Law Enforcement in Hunan Province, the Measures for Recor
General Office of Hunan Provincial People’s Government
Notice on Issuing the Measures for Publicity of Administrative Law Enforcement in Hunan Province, the Measures for Recording the Whole Process of Administrative Law Enforcement in Hunan Province and the Measures for Legal Review of Major Administrative Law Enforcement Decisions in Hunan Province
Xiang Zheng Ban Fa [2019] No.53
The people’s governments of cities, counties and cities, the provincial government departments and commissions, and the directly affiliated institutions:
The measures for publicity of administrative law enforcement in Hunan Province, the measures for recording the whole process of administrative law enforcement in Hunan Province and the measures for legal review of major administrative law enforcement decisions in Hunan Province have been agreed by the provincial people’s government and are hereby printed and distributed to you, please earnestly organize their implementation.
General Office of Hunan Provincial People’s Government
October 14, 2019
(This piece is made public voluntarily)
Measures of Hunan Province on Publicity of Administrative Law Enforcement
Chapter I General Principles
the first
In order to enhance the transparency of administrative law enforcement, standardize and supervise administrative law enforcement actions, and ensure citizens, legal persons and other organizations to obtain administrative law enforcement information according to law, according to the Administrative Punishment Law of the People’s Republic of China, the Administrative Licensing Law of People’s Republic of China (PRC), the Regulations on the Openness of Government Information of People’s Republic of China (PRC), the Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the System of Recording the Whole Law Enforcement Process of Administrative Law Enforcement, and the Legal Review System of Major Law Enforcement Decisions (Guo Ban Fa [2018] No.118) and the Administrative Procedure Regulations of Hunan Province,
the second
The term "administrative law enforcement" as mentioned in these Measures refers to the administrative acts of administrative organs and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) that affect the rights and obligations of citizens, legal persons and other organizations by implementing administrative licensing, administrative punishment, administrative coercion, administrative expropriation, administrative inspection and administrative confirmation according to law.
Article
The term "publicity of administrative law enforcement" as mentioned in these Measures refers to the activities of administrative law enforcement organs to disclose the relevant information of administrative law enforcement to the parties and the society on their own initiative through certain carriers and methods before, during and after administrative law enforcement.
In accordance with the application for the disclosure of administrative law enforcement information, it shall be handled in accordance with the relevant provisions of the Regulations of People’s Republic of China (PRC) Municipality on the Openness of Government Information.
Article 4 The administrative law enforcement organs shall, when disclosing administrative law enforcement information, adhere to the principles of fairness, fairness, legality, timeliness and convenience, with publicity as the norm and non-disclosure as the exception.
Fifth people’s governments at or above the county level shall uniformly lead the publicity work of administrative law enforcement in their respective administrative areas.
The competent departments of the people’s governments at or above the county level and the administrative law enforcement organs at all levels shall be responsible for organizing, coordinating and promoting the publicity of administrative law enforcement as an important part of the government’s and the department’s openness in government affairs, and do a good job in daily guidance, supervision and inspection.
The judicial administrative departments of the people’s governments at or above the county level and the administrative law enforcement organs at higher levels shall be responsible for guiding the implementation of administrative law enforcement publicity in their own administrative areas and systems, and cooperating with relevant departments to do a good job in supervision and inspection.
Article 6
Administrative law enforcement organs at all levels should establish and improve the working mechanism and management system of administrative law enforcement publicity in accordance with the principle of "who enforces the law and who is responsible for publicity", and clarify the responsibilities of collection, transmission, review, release and management of administrative law enforcement publicity content.
Article 7
The provincial people’s government shall establish and improve the unified comprehensive management and supervision information system of administrative law enforcement in the whole province, and gradually realize online entry of relevant law enforcement information, online circulation of law enforcement procedures, online supervision of law enforcement activities, real-time push of law enforcement decisions, online inquiry of law enforcement information and unified publicity of law enforcement information.
The portal websites of the people’s governments at or above the county level and their administrative law enforcement organs and the unified administrative law enforcement comprehensive management and supervision information system of the whole province are the unified administrative law enforcement information publicity platforms of the administrative regions and departments. The administrative law enforcement information publicity platform that has been built by the relevant departments should be connected with the unified administrative law enforcement information publicity platform to realize interconnection.
In addition to the administrative law enforcement information only presented to the administrative counterpart according to the relevant provisions, all other administrative law enforcement information that should be disclosed to the public should be published on a unified administrative law enforcement information publicity platform.
Chapter II Prior Publicity of Administrative Law Enforcement
Article 8
Administrative law enforcement organs should take the initiative to disclose the following administrative law enforcement information that involves public interests, needs to be widely known by the public or needs public participation, and reflects their functions, institutional settings, procedures, etc. in advance on a unified administrative law enforcement information publicity platform:
(a) the information of the administrative law enforcement subject and the administrative law enforcement personnel, including the name, function, office address and contact information of the administrative law enforcement subject and the name, work unit, law enforcement field and law enforcement certificate number of the administrative law enforcement personnel;
(2) Information on administrative law enforcement matters and basis (i.e. power list), including specific administrative law enforcement matters such as administrative punishment, administrative license, administrative compulsion, administrative inspection, administrative expropriation and administrative confirmation undertaken by administrative law enforcement organs according to law and the laws, regulations and rules on which they are based;
(3) Information on administrative law enforcement procedures, including the steps, methods, time limits and various administrative law enforcement flowcharts to be followed in implementing administrative law enforcement;
(4) Information on the ways of rights relief and supervision, including the rights enjoyed by the parties to apply for administrative reconsideration and bring administrative proceedings according to law, and the ways and means of reporting and complaining about administrative law enforcement activities;
(five) other administrative law enforcement information that should be disclosed in advance in accordance with laws, regulations and rules.
The list information in Item (2) of the preceding paragraph shall be made public after the legal institution of the administrative law enforcement organ conducts the legality review; The administrative law enforcement organs with the power of administrative inspection shall also formulate and make public a list of random inspection items in accordance with relevant requirements.
Article 9
Administrative law enforcement organs in the service hall, government affairs center and other office places to provide services, it should be set up according to the requirements of standardized information bulletin board, express the job responsibilities of staff, demonstration text of application materials, progress inquiry, consulting services, complaints and reports and other information.
The administrative law enforcement organ shall prepare a service guide for administrative law enforcement matters such as administrative licensing, administrative expropriation and administrative confirmation, and make it public in a way that is convenient for the public to know, such as public signs in the service hall and service windows, so as to facilitate the masses to handle affairs.
The judicial administrative department of the tenth provincial people’s government shall take the initiative to disclose the relevant information of the administrative law enforcement personnel in the province, and provide inquiry services and accept social supervision.
Eleventh administrative law enforcement organs shall, in accordance with the laws, regulations, rules and changes in institutional functions, timely and dynamically adjust the scope of administrative law enforcement in advance.
Chapter III Publicity in Administrative Law Enforcement
Twelfth administrative law enforcement personnel in the implementation of supervision and inspection, investigation and evidence collection, enforcement measures and enforcement, law enforcement documents and other law enforcement activities, must take the initiative to show their identity and produce administrative law enforcement certificates.
In accordance with the relevant provisions of the state, law enforcement clothing and law enforcement signs are unified, and when implementing administrative law enforcement, they should dress and wear signs in accordance with the regulations.
Article 13
Administrative law enforcement personnel shall issue administrative law enforcement documents in the process of administrative law enforcement, and inform the parties and interested parties of relevant law enforcement facts, reasons, basis, legal rights and obligations in a timely manner according to law.
In case of emergency, oral and other means may be adopted, except that written notification is required by laws, regulations and rules.
Chapter IV Publicity of Administrative Law Enforcement Afterwards
Fourteenth administrative law enforcement after the public, refers to the disclosure of the relevant information of the administrative law enforcement decision.
In addition to the provisions of article sixteenth of these measures, the information of administrative law enforcement decisions shall be disclosed in full.
Article 15
Except as otherwise provided by laws and administrative regulations, the administrative law enforcement organ shall, within 7 working days from the date of making the decision on administrative license and administrative punishment, and within 20 working days from the date of making other administrative law enforcement decisions, announce the relevant information of the administrative law enforcement decision to the public on the unified administrative law enforcement information publicity platform and accept social supervision.
The time limit specified in the preceding paragraph shall be calculated from the day after the date specified in the administrative law enforcement decision.
Sixteenth administrative law enforcement decisions in any of the following circumstances, shall not be made public:
(a) the parties are minors;
(two) involving state secrets, and may endanger national security, public safety, economic security and social stability after disclosure;
(three) involving business secrets, personal privacy and publicity will cause damage to the legitimate rights and interests of third parties;
(four) other circumstances that are not allowed to be disclosed by laws, regulations and rules.
Involving commercial secrets, personal privacy and information of administrative law enforcement decisions that will cause damage to the legitimate rights and interests of third parties after disclosure, the obligee agrees to disclose it or it is really necessary to disclose it according to law, and the administrative law enforcement organ shall make appropriate treatment of the administrative law enforcement decisions before making them public.
Article 17
When the administrative law enforcement organ makes public the administrative law enforcement decision, it shall specify the publicity period. Among them, the administrative licensing decision should generally be publicized for a long time within the validity period; The time for keeping the written decision of administrative punishment and the results of administrative inspection on the information publicity platform of administrative law enforcement is generally not less than one year. Unless otherwise provided by laws, regulations and rules, such provisions shall prevail.
If the published administrative law enforcement decision is revoked according to law, confirmed to be illegal or required to be re-made, the administrative law enforcement organ shall withdraw the original administrative law enforcement decision within 5 working days from the date of the above-mentioned situation.
Article 18
The administrative law enforcement organ shall, before January 31 of each year, make public the overall situation and relevant data of the annual administrative law enforcement in the unified administrative law enforcement information publicity platform, and submit them to the judicial administrative department of the people’s government at the same level and the higher competent department.
Chapter V Supervision and Inspection
Nineteenth people’s governments at or above the county level shall strengthen the leadership of the administrative law enforcement publicity work in this administrative region, and incorporate its implementation into the important content of the assessment of the construction of a government ruled by law.
Article 20
The competent department of the people’s government at or above the county level responsible for the publicity of government affairs and the administrative law enforcement organs at higher levels shall guide, supervise and inspect the publicity of administrative law enforcement in their respective administrative areas and systems, and urge the administrative law enforcement organs to make rectification if they fail to carry out the publicity of administrative law enforcement in accordance with the provisions; If the circumstances are serious, give it to informed criticism. If it is necessary to investigate the responsibility of the responsible leaders and the directly responsible personnel, it shall put forward suggestions to the competent authorities according to law.
Article 21
If the administrative law enforcement organ finds that its public information on administrative law enforcement is inaccurate, it shall promptly correct it. A citizen, a legal person or any other organization that the information on administrative law enforcement disclosed by the administrative law enforcement organ is inaccurate or fails to disclose the relevant information on administrative law enforcement in accordance with the provisions may request the administrative law enforcement organ to make corrections, and may submit it to the competent department of the people’s government at the corresponding level responsible for the openness of government affairs or the administrative law enforcement organ at a higher level. The competent department in charge of the publicity of government affairs or the administrative law enforcement organ at a higher level shall supervise and urge the rectification; If the circumstances are serious, give it to informed criticism.
Chapter VI Supplementary Provisions
Twenty-second laws, regulations and rules shall be implemented by the people’s governments at or above the county level, and the publicity of administrative law enforcement shall be the responsibility of the administrative law enforcement organs that specifically undertake administrative law enforcement matters.
Twenty-third organizations entrusted with administrative law enforcement duties according to law to carry out administrative law enforcement publicity activities, the application of this approach.
Article 24 These Measures shall come into force as of the date of promulgation.
Measures of Hunan Province for Recording the Whole Process of Administrative Law Enforcement
Chapter I General Principles
the first
In order to strengthen the recording, preservation, management and use of information on the whole process of administrative law enforcement, further standardize and supervise the administrative law enforcement behavior, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, according to the Administrative Punishment Law of the People’s Republic of China, the Administrative Licensing Law of People’s Republic of China (PRC), the Administrative Enforcement Law of the People’s Republic of China, and the Guiding Opinions of the General Office of the State Council on the Legal Review System for the Full Implementation of the Recording System of the Whole Process of Administrative Law Enforcement (Guo Ban Fa [2018] 18
the second
The term "administrative law enforcement" as mentioned in these Measures refers to the administrative acts of administrative organs and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) that affect the rights and obligations of citizens, legal persons and other organizations by implementing administrative licensing, administrative punishment, administrative coercion, administrative expropriation, administrative inspection and administrative confirmation according to law.
Article
The term "record of the whole process of administrative law enforcement" as mentioned in these Measures refers to the activities of recording and preserving the whole process of administrative law enforcement, such as initiation, investigation and evidence collection, examination and decision, delivery and execution, through written, audio-visual and other forms of records.
Written record is a way to record administrative law enforcement activities in the form of paper documents or electronic documents.
Audio-visual recording is a way to record the administrative law enforcement process in real time through tape recorders, cameras, video cameras, law enforcement recorders, video surveillance and other recording equipment.
Article 4
The administrative law enforcement organ shall make a written record of the whole process of administrative law enforcement. According to the relevant provisions of the state and the provisions of these measures, the law enforcement process of audio-visual recording must be carried out, and the administrative law enforcement organ shall carry out audio-visual recording in accordance with the provisions.
Article 5 Records of the whole process of administrative law enforcement shall adhere to the principles of legality, objectivity, comprehensiveness, timeliness and traceability.
Article 6 The people’s governments at or above the county level shall uniformly lead the work of recording the whole process of administrative law enforcement within their respective administrative areas.
The judicial administrative departments of the people’s governments at or above the county level and the administrative law enforcement organs at higher levels shall be responsible for the guidance, supervision and inspection of the whole process of administrative law enforcement in their respective administrative areas and systems.
Article 7
The relevant competent departments at the provincial level shall, jointly with the financial department, formulate the law enforcement equipment standards, equipment planning, facilities construction planning and annual implementation plan of the administrative law enforcement organs at all levels of the system according to the relevant requirements of the state, and submit them to the provincial people’s government for approval before implementation.
The administrative law enforcement organ shall, according to the law enforcement equipment standards, equipment planning, facilities construction planning and annual implementation plan formulated by the provincial competent department, formulate specific implementation plans and report them to the people’s government at the same level for approval before implementation.
Article 8
Administrative law enforcement organs should strengthen the informatization construction of administrative law enforcement, establish and improve the working mechanism of data recording of the whole process of administrative law enforcement based on the Internet, electronic authentication and electronic signature, and continuously improve the informatization and standardization level of administrative law enforcement.
Chapter II Records of Program Start-up Stage
Article 9
When an administrative law enforcement organ initiates administrative law enforcement procedures such as administrative license and administrative confirmation based on the application of a citizen, legal person or other organization, it shall record the application, registration, acceptance or rejection, and request the applicant to correct and supplement the application materials. The forms of records include an application form, a registration form, a written certificate of acceptance or rejection, and a notice requesting the applicant to correct or supplement the application materials.
The administrative law enforcement organ may install a video surveillance system at the place where the application is received, and record the registration, acceptance and handling process in real time.
Article 10
Where an administrative law enforcement organ initiates administrative punishment, administrative enforcement and other administrative law enforcement procedures ex officio, the administrative law enforcement personnel shall fill in the procedure initiation approval form, and record the reasons for starting, the source of the case, the basic situation of the parties, the basic case, the opinions of the contractor or the contractor, and the opinions of the person in charge of the administrative law enforcement organ for examination and approval.
Article 11
If the administrative law enforcement organ starts the administrative collection procedure according to law, it shall record the starting reasons, legal conditions, examination and approval opinions of relevant departments, etc. The ways of recording include the certification materials that meet the needs of public interests, the certification materials that meet various plans and plans, and the approval opinions of the competent authorities that agree to start the collection.
Twelfth administrative law enforcement organs in accordance with the requirements of "double random, one open" to start the administrative inspection procedures, it should be randomly selected inspection objects, randomly selected law enforcement inspectors and sampling methods and other content records.
Chapter III Records of Investigation and Evidence Obtaining Stage
Thirteenth administrative law enforcement organs shall make corresponding administrative law enforcement documents and record the following situations in the process of investigation and evidence collection (review and verification):
(a) the name of the administrative law enforcement personnel, the number of the law enforcement certificate, and the situation of showing the law enforcement certificate and showing the law enforcement identity;
(2) Asking about the parties and witnesses;
(three) on-site inspection (investigation, inspection);
(four) the collection of documentary evidence, physical evidence and other evidence;
(5) Sampling for evidence collection and entrusting a third party to conduct inspection, testing, quarantine, appraisal, expert argumentation or review and evaluation;
(6) Informing the parties about their rights to make statements, defend themselves, apply for withdrawal, apply for a hearing, etc. according to law, and about their statements, defend themselves and apply for withdrawal;
(seven) hearing, listen to the opinions of the parties or the public;
(8) Other relevant information.
Article 14
If the administrative law enforcement organ implements administrative law enforcement according to the application, it shall review the application materials after accepting it; According to the legal conditions and procedures, if it is necessary to verify the substantive contents of the application materials, it shall be verified by two or more administrative law enforcement personnel, and the corresponding examination or verification conclusion documents shall be made.
In accordance with the law, if it should be reviewed by the administrative law enforcement organ at a lower level and then reported to the administrative law enforcement organ at a higher level for decision, the administrative law enforcement organ at a lower level shall submit the preliminary examination opinions and all application materials to the administrative law enforcement organ at a higher level within the statutory time limit, and the administrative law enforcement organ at a higher level shall file them for preservation.
Article 15
If the administrative law enforcement organs carry out administrative law enforcement according to their functions and powers, and the evidence may be lost or difficult to obtain later, and with the approval of the person in charge of the administrative organ, they take administrative compulsory measures according to law, such as registering and preserving evidence in advance, restricting citizens’ personal freedom, sealing up places, facilities or property, seizing property, freezing deposits and remittances, etc., they shall make corresponding administrative law enforcement documents to record the relevant situation, and at the same time make audio-visual records of the whole process.
Article 16 The administrative law enforcement organs shall make audio-visual records of on-site inspection (investigation and inquest), sampling for evidence collection, holding hearings and other controversial investigation and evidence collection processes.
Seventeenth administrative law enforcement organs to record the investigation and evidence collection process, should focus on the following contents:
(a) law enforcement site environment, law enforcement places;
(two) the physical characteristics, words and deeds of administrative law enforcement personnel, parties, witnesses and other relevant personnel on the spot;
(3) Relevant evidence such as important articles involved and their main features;
(four) the scene of the administrative law enforcement personnel to take measures against the relevant personnel and property;
(five) the service of law enforcement documents by administrative law enforcement personnel;
(six) other contents that should be recorded.
Article 18
In the process of audio-visual recording, if it is interrupted due to special circumstances, the reason for the interruption shall be explained by voice when the recording is resumed. If it is really impossible to explain the reasons in the audio-visual records due to objective reasons, the situation should be explained in writing afterwards, and the file should be attached.
Chapter IV Records of Audit Decision Stage
Article 19
After the investigation, the administrative law enforcement organ shall record the handling opinions put forward by the administrative law enforcement contractor, the proposed administrative law enforcement decision and the examination and approval opinions of the person in charge of the administrative law enforcement organ. The forms of records include handling instructions, opinions to be made, administrative law enforcement decisions (or cases) approval forms, administrative law enforcement decision documents, etc.
Twentieth administrative law enforcement decisions made by administrative law enforcement organs shall specify the following items:
(a) the basic situation of the parties;
(2) Facts and evidence to prove them;
(3) Applicable legal norms;
(4) the contents of the decision;
(five) the way and time of performance;
(six) the way and time limit of relief;
(seven) the seal and date of the administrative organ;
(eight) other matters that should be specified.
The administrative law enforcement decision document shall be produced; Where summary procedures are applicable, formatted documents may be used.
Article 21
If a major administrative law enforcement decision has been demonstrated or reviewed by experts, the situation of expert demonstration or review shall be recorded. The forms of records include expert argumentation or review opinions, meeting minutes and sign-in forms, etc.
Twenty-second major administrative law enforcement decisions have been audited by the legal system, and the relevant information of the legal system audit shall be recorded. The record is in the form of legal audit opinions.
Article 23
If a major administrative law enforcement decision is decided by the person in charge of the administrative law enforcement organ through collective discussion, the opinions and decisions of the collective discussion shall be recorded. The form of the record is the minutes and minutes of the meeting that comprehensively record the opinions of the responsible persons of the administrative law enforcement organs.
Chapter V Records of Delivery and Execution Stage
Article 24
If the administrative law enforcement organ directly serves the administrative law enforcement documents, it shall make a receipt of service, and record the name, time and place of service, the addressee, the addressee or the signatory who meets the legal conditions and the receipt on the receipt of service.
Article 25
Administrative law enforcement organs take lien to serve administrative law enforcement documents, it shall record the reasons and date of lien service, witnesses, delivery, etc. on the service receipt, and at the same time take audio-visual recording to record the service process.
Article 26
When an administrative law enforcement organ serves an administrative law enforcement document by mail, it shall use a registered postal letter or express mail, indicate the name and document number of the administrative law enforcement document served on the mailing list, and keep the voucher and receipt for mailing.
Twenty-seventh administrative law enforcement organs to entrust, transfer and other ways to serve administrative law enforcement documents, it should be in the service receipt to record the reasons for the entrustment or transfer, the addressee, the signatory and the signing situation.
Article 28
Where the administrative law enforcement organ serves the administrative law enforcement documents by announcement, it shall record the reasons, methods, process and date of the announcement. If an announcement is made in the media, the voucher for the announcement shall be retained; Where an announcement is posted in the relevant place, the documents of the announcement shall be retained, and the announcement process shall be recorded by audio and video.
Twenty-ninth if the parties voluntarily perform the obligations determined by the administrative law enforcement decision, the administrative law enforcement organ shall record the voluntary performance of the parties and keep the relevant documents.
Where the administrative law enforcement organ shall perform the obligations determined by the administrative law enforcement decision at the same time, it shall record the performance of the obligations by the administrative law enforcement organ and keep relevant vouchers.
Article 30
Where the administrative law enforcement organ implements administrative enforcement according to law, it shall make corresponding administrative law enforcement documents, record the situation of urging, making and serving enforcement decisions, administrative enforcement methods, etc., and make audio-visual records of the specific process of implementing administrative enforcement.
If a party or a third party makes statements, arguments or objections to administrative enforcement, the administrative law enforcement organ shall record the opinions or objections raised by the party or the third party and the handling of relevant opinions and objections by the administrative law enforcement organ.
Article 31 Where an administrative law enforcement organ applies to a people’s court for compulsory execution according to law, it shall record the demand, the application and the result of compulsory execution.
Chapter VI Management and Use of Records
Thirty-second administrative law enforcement organs shall establish and improve the management system of administrative law enforcement files, and clarify the person responsible for the preservation, use and management of administrative law enforcement records.
The administrative law enforcement organ shall, within 30 days from the end of the administrative law enforcement act, timely file and save the records of the whole process of administrative law enforcement in accordance with the relevant laws, regulations and archives management provisions, so as to ensure that all administrative law enforcement acts are well documented. Except as otherwise provided by laws, regulations and rules.
Thirty-third administrative law enforcement organs shall establish and improve the management system of administrative law enforcement audio-visual records, and clarify the requirements of equipment, use norms, recording elements, storage and application, supervision and management of administrative law enforcement audio-visual records.
Article 34
The use of audio-visual recording, administrative law enforcement personnel or recording personnel shall, within 24 hours after the completion of audio-visual recording, store the recorded information to the designated administrative law enforcement information system or special memory, and shall not keep it by themselves.
Continuous work, law enforcement in different places, or law enforcement in remote and inaccessible areas, and it is really impossible to store relevant record information in time, it shall be stored within 24 hours after returning to the unit.
Article 35
Audio-visual records used as evidence of administrative law enforcement shall be made into CD-ROM with text description, indicating the information such as production method, producer, production time and object of proof, attached to the volume or filed.
Article 36
The administrative law enforcement organ shall establish and improve the supervision system for the access to the records of the whole process of administrative law enforcement, so that it can be accessed in real time, and strengthen supervision to ensure that the written records and audio-visual records of administrative law enforcement are standardized, legal and effective.
The parties or interested parties may apply for access to the relevant information of administrative law enforcement files, except those that should be kept confidential or not made public according to law.
Chapter VII Supervision and Inspection
Thirty-seventh people’s governments at or above the county level shall strengthen the leadership of the whole process of administrative law enforcement in their respective administrative areas, and incorporate their implementation into the important content of the assessment of the construction of a government ruled by law.
The judicial administrative department of the people’s government at or above the county level and the administrative law enforcement organ at a higher level shall guide, supervise and inspect the record of the whole process of administrative law enforcement in their respective administrative areas and systems, and report the results of supervision and inspection through appropriate means.
Thirty-eighth administrative law enforcement organs and their administrative law enforcement personnel and other relevant personnel in any of the following circumstances, resulting in serious consequences, should be investigated for responsibility according to discipline and law:
(a) without justifiable reasons, not to record the whole process of administrative law enforcement or not in accordance with the provisions;
(two) unauthorized destruction, deletion, tampering with administrative law enforcement records;
(three) not according to the provisions of storage or custody, resulting in damage or loss of administrative law enforcement records;
(four) in violation of the provisions of unauthorized disclosure of administrative law enforcement records;
(five) in violation of other provisions of these measures.
Chapter VIII Supplementary Provisions
Thirty-ninth organizations entrusted with the responsibility of administrative law enforcement according to law to carry out the whole process of administrative law enforcement record activities, the application of this approach.
Fortieth these Measures shall come into force as of the date of promulgation.
Measures of Hunan Province for Legal Audit of Major Administrative Law Enforcement Decisions
the first
In order to standardize and supervise major administrative law enforcement actions, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these measures are formulated in accordance with the Administrative Punishment Law of the People’s Republic of China, the Administrative Compulsory Law of the People’s Republic of China, the Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the System of Publicity of Administrative Law Enforcement, the System of Recording the Whole Process of Law Enforcement, and the Legal Review System of Major Law Enforcement Decisions (Guo Ban Fa [2018] No.118) and the Provisions on Administrative Procedures of Hunan Province, combined with the actual situation of this province.
the second
The term "administrative law enforcement" as mentioned in these Measures refers to the administrative acts of administrative organs and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) that affect the rights and obligations of citizens, legal persons and other organizations by implementing administrative licensing, administrative punishment, administrative coercion, administrative expropriation, administrative inspection and administrative confirmation according to law.
Article
The term "legal review of major administrative law enforcement decisions" as mentioned in these Measures refers to the activities of the administrative law enforcement organs to review the legality and appropriateness of major administrative law enforcement decisions by the institutions responsible for legal review before making major administrative law enforcement decisions.
Article 4
Involving major public interests, may cause significant social impact or lead to social risks, directly related to the major rights and interests of the administrative counterpart or the third party, and the following major administrative law enforcement decisions with complex circumstances and involving multiple legal relationships, the administrative law enforcement organ shall conduct legal review before making a decision, and shall not make a decision without legal review or failure of the review:
(1) Administrative compulsory decision. In case of emergency, it is necessary to implement administrative compulsory measures on the spot or immediately implement administrative compulsory execution;
(two) the administrative expropriation decision;
(3) Decisions on administrative punishment, administrative license, etc. that should be heard according to law or that need to be heard by administrative law enforcement organs;
(four) according to the results of spot check, inspection, inspection, quarantine and appraisal, and according to the examination results, assessment results and other legal conditions to make administrative punishment, administrative licensing and other decisions;
(5) An administrative confirmation decision that has a significant impact on the production, operation and life of the administrative counterpart or directly affects the significant rights and interests of a third party;
(six) other major administrative law enforcement decisions that should be audited according to laws, regulations and rules.
Article 5 The administrative law enforcement organ shall, in accordance with the provisions of Article 4 of these Measures, make a list of the legal review of major administrative law enforcement decisions of the organ, announce it to the public, and report it to the judicial administrative department of the people’s government at the same level for the record.
The administrative law enforcement organ at a higher level shall strengthen the guidance for the lower administrative law enforcement organs to compile the legal review catalogue of major administrative law enforcement decisions, and clarify the legal review standards for major administrative law enforcement decisions.
Article 6
The administrative law enforcement organ shall make it clear that the organ specifically responsible for the legal review of major administrative law enforcement decisions (hereinafter referred to as the legal review organ) is equipped with personnel commensurate with the legal review task. In principle, the legal review personnel of administrative law enforcement organs at all levels shall be equipped with not less than 5% of the total number of law enforcement personnel of the unit and not less than 2 people.
The administrative law enforcement organs may employ legal advisers and public lawyers to participate in the legal audit according to the needs of their work.
Article 7
The administrative law enforcement agencies specifically responsible for law enforcement matters (hereinafter referred to as law enforcement agencies) shall, after the investigation of major administrative law enforcement actions is completed, put forward preliminary handling opinions, submit them to the legal audit institutions for review, and provide the following materials:
(1) Approval form for filing a case or starting a procedure, acceptance certificate, etc.;
(two) the measures taken for examination, verification or investigation and evidence collection and the relevant administrative law enforcement documents, which inform the parties and interested parties of their rights to make statements and defend themselves;
(3) Collecting documentary evidence, material evidence, audio-visual materials, statements of the parties, witness testimony, on-site transcripts, transcripts of inspection and other evidence materials;
(four) after hearing, expert argumentation or review and evaluation, it is necessary to provide materials for hearing, argumentation or review and evaluation;
(five) the administrative law enforcement decision to be made;
(6) Other relevant materials.
If the materials submitted by the law enforcement contractor are incomplete and do not meet the requirements, the legal audit institution may require the law enforcement contractor to supplement them within a specified time; After the supplement still does not meet the requirements, the legal audit institution may not audit and return the relevant materials.
Article 8 The contents of the legal audit of major administrative law enforcement decisions by legal audit institutions include:
(a) whether the subject of administrative law enforcement is legal, whether it exceeds the statutory authority, and whether the administrative law enforcement personnel are qualified for law enforcement;
(two) whether the administrative law enforcement procedure is legal;
(3) Whether the facts are clear and whether the evidence is legal and sufficient;
(four) whether the applicable laws, regulations and rules are accurate;
(five) whether to explain the reasons or whether the reasons are sufficient;
(six) whether the administrative law enforcement documents are complete and standardized;
(seven) whether the illegal act is suspected of a crime and needs to be transferred to judicial organs;
(eight) other contents related to the legality and appropriateness of major administrative law enforcement decisions.
Ninth legal audit institutions after the completion of the audit, it should be based on different situations, put forward the corresponding written audit opinions:
(a) the subject of administrative law enforcement is legal, the administrative law enforcement personnel are qualified for law enforcement, the facts are clear, the evidence is sufficient, the legal basis is correct, the reasons are sufficient, the procedures are legal, and the proposed handling opinions are appropriate, and the opinions of agreeing to make the administrative law enforcement decision are put forward;
(two) the subject of administrative law enforcement is illegal, law enforcement personnel do not have the qualification for law enforcement, and put forward opinions on not making administrative law enforcement decisions; Beyond the jurisdiction of the administrative law enforcement organs, put forward opinions on not making administrative law enforcement decisions and transferring them to the competent organs according to law;
(three) if the facts are unclear and the evidence is insufficient, put forward opinions on supplementary investigation or evidence; After further supplementary evidence, the facts are still unclear, and the opinions of not making administrative law enforcement decisions are put forward;
(four) in violation of legal procedures, and can not be corrected, put forward opinions on not making administrative law enforcement decisions; If there are minor flaws or omissions in the procedure, and the legitimate rights and interests of the parties are not infringed, put forward suggestions for correction;
(five) the reasons are not explained or the reasons are not sufficient, and the suggestions for correction are put forward;
(six) the administrative law enforcement documents are not standardized and incomplete, and put forward suggestions for correction;
(seven) if the illegal act is suspected of a crime, put forward the opinions of making administrative law enforcement decisions and transferring them to judicial organs according to law.
Tenth legal audit institutions shall complete the legal audit of major administrative law enforcement decisions within 7 working days after receiving the submitted materials. If the case is complicated, it may be extended for 3 working days with the approval of the person in charge of the administrative law enforcement organ.
The audit period specified in the preceding paragraph shall be counted from the day after the legal audit institution receives the complete submission materials, and the period of supplementary materials shall not be counted.
Eleventh law enforcement agencies should study the audit opinions of the existing problems put forward by the legal audit institutions, and then submit them to the legal audit again after making corresponding treatment.
Twelfth major administrative law enforcement decisions that should be submitted to the heads of administrative law enforcement organs for collective discussion and decision according to law. If the legal review fails, it shall not be submitted for collective discussion.
Article 13
The judicial administrative department of the people’s government at or above the county level and the administrative law enforcement organ at a higher level shall guide, supervise and inspect the legal review of the implementation of major administrative law enforcement decisions in their respective administrative areas and systems, and report the results of supervision and inspection through appropriate means.
Article 14
Administrative law enforcement organs in the process of implementing major administrative law enforcement acts, due to the administrative law enforcement personnel, legal auditors and the person in charge of administrative law enforcement organs intentionally or grossly negligent, under any of the following circumstances, resulting in illegal administrative law enforcement acts and harmful consequences, it shall be investigated for responsibility according to law and discipline:
(a) without legal review or audit failed to make a major administrative law enforcement decision;
(two) due to the reasons of law enforcement agencies and their administrative law enforcement personnel, the facts, evidence, legal application and procedures of administrative law enforcement are seriously illegal, or the materials submitted for legal review are untrue, inaccurate and incomplete;
(three) the legal audit institutions and their legal auditors do not put forward legal audit opinions according to the provisions or the legal audit opinions put forward are seriously wrong;
(four) there are other illegal acts.
Fifteenth major administrative law enforcement decisions made by the people’s governments at or above the county level according to laws, regulations and rules shall be audited by the judicial administrative department of the people’s governments at or above the county level according to the provisions of these measures.
Article 16 These Measures shall apply to the legal review of major administrative law enforcement decisions by organizations entrusted with administrative law enforcement duties according to law.
Article 17 These Measures shall come into force as of the date of promulgation.
Key extension, big secret making, fast free application, self-determined time.
This article was first published in the film industry. Welcome to pay attention (WeChat search filmmore).
The news of the postponement of popular blockbusters is endless. From last summer’s troika to this year’s Spring Festival’s three strong films, the screening time has been extended, and the box office champion of Chinese films has been postponed for three months at once. In the eyes of the general audience, the postponement means that it can be seen in the cinema one month after the film is released. However, in the eyes of the industry, the specific process of key extension is the most important. Why can a movie be released for as long as four months? Is the existence of this mechanism reasonable? This article will take you through all aspects of key extension.
What is the key extension? You can’t show a movie until you have a key. You don’t have to pay for an extension.
For the general audience, the word key is unfamiliar. What is a key? This should start with the film screening. The movie will be made into a copy, and it needs to be connected to the server before it can be read. The key is similar to the activation code, which allows the server to successfully read the movie in the copy. At this time, the projector can play the movie, and it cannot be shown without the key.
So where did the key come from? According to a senior person who has been engaged in distribution for many years, most of the current keys are made by China Film Digital Film Development Co., Ltd. (hereinafter referred to as China Digital Film Development Co., Ltd.) and Huaxia Film Distribution Co., Ltd. (hereinafter referred to as China). These two companies actually play the role of agents between the issuer and the cinema, and the issuer can save manpower and material resources through their communication and settlement with the cinema. Therefore, we will see the names of these two companies in many documents with extended keys.
After the key is made, it will be uploaded to the network and downloaded by each theater. The validity period of the key is one month, that is, we often say that the film screening period is one month. After the expiration, the cinema server will no longer be able to read the movies in the copy. At this time, if you still want to show, you need to postpone the key.
When a movie wants to be postponed, do you still have to pay a fee? The answer is no, Zhu Dawei, vice president of Stellar Pictures, Qin Wei, vice president of Beijing An Shi Ying Na Film Distribution Company (hereinafter referred to as An Shi Ying Na) and many other people in the industry have confirmed this, but they don’t need to pay for the extension of the key.
Is there a standard for key extension? Domestic films are flexible to operate and imported films are difficult to judge.
Since it doesn’t cost money to extend the key, isn’t it an extension if you want? You can postpone it at any time or for as long as you want. The answer is still no.
According to the distributor who has operated many imported films, it is true that there is no explicit stipulation in the mainland about which films can be postponed and which ones can’t. Generally speaking, domestic films are very flexible in operation. "Just tell the distribution company, such as China Digital, through them to tell the cinemas that we have extended the key, and everyone can still use it. That’s it." Of course, the so-called "let me know" actually needs to be presented in written form, but domestic films will basically not encounter any problems and there is no limit.
But this is not the case with imported films. Zhu Dawei, vice president of Stellar Films, said that imported films need to apply to the Film Bureau for extension. According to the senior distributor, after the imported film is submitted, it depends on whether it will be rejected.
There are indeed many domestic films and some imported films in the history of mainland film. For example, the one in 2010, which was released on January 4, was postponed until March 14, when it was released for more than two months, is very rare in imported films. Released on April 10, 2012, it was extended for another month when the key expired, and finally the box office exceeded 1 billion.
Looking back carefully, most of the key extension time is within one month, and it is really surprising that the Mermaid has been extended for three months at once. Is it arbitrary to extend the time? The answer this time is yes.
Is there a time limit for extension? The film is completely independent, and most of them do not exceed one month.
After the key expires, how long you want to extend it is really up to the film, whether it is a week or a month, and no one interferes. The three popular films in the Spring Festival were postponed for one month, 12 days and released on March 20th, except Mermaid, which was postponed for three months. At present, there is no specific extension, and there is no strict regulation on when to apply for an extension.
Qin Wei, vice president of Ann Shi Ying, told us that in theory, five working days before the start of the extension, they would communicate with the key maker who often cooperated, but there was no big problem earlier or later, and the time was more flexible. Moreover, the extension notice of "Journey to the West’s Monkey King Thrice Defeats the Skeleton Demon" released by Ann Shi Ying was issued on February 18. The reason why the extension notice was released ten days after the film was released was because both the film producer and the publisher had enough confidence. "We felt that the reputation was good and we wanted to take a long-term screening from the beginning."
After the issuance direction of China Digital or Huaxia proposed to extend the key, the two companies completed it relatively quickly. "Now, if you follow the process, you can go down in two days. In fact, China Digital also has a competitive relationship with China, and everyone has to compete for services." The veteran of the distribution industry said. According to Qin Wei, sometimes it doesn’t take two days. "It can be made in half a day, which is faster."
Next page:What kind of movie will be postponed? Blockbusters usually delay the box office as the driving force.
Fertility assessment helps women better understand their fertility potential.
Authors: Deputy Chief Physician Zhu Xiaodan, Department of Obstetrics and Gynecology, Putuo Hospital, Shanghai University of Traditional Chinese Medicine.
At present, the global fertility problems are increasing day by day, and the overall fertility of women is on the decline. Women are facing various pressures in modern society, including occupational pressure, family pressure, social expectations, and the unhealthy lifestyle that follows, which makes the fertility of contemporary women decline more and more "younger". At present, the incidence of infertility is as high as 10%~18%. In 2023, the birth rate in China was as low as 6.4‰.
National birth rate
In the reproductive endocrinology clinic, patients often ask: How is my fertility? Can you still be born? Faced with such a question, today, let’s talk about this topic.
As we all know, to complete a successful pregnancy, women need the cooperation of the whole reproductive system and all organs of the whole body. Therefore, the evaluation of female fertility is divided into three parts: the first part is the evaluation of ovarian reserve function, the second part is the evaluation of the structure and function of uterus and fallopian tube, and the third part is the evaluation of general state.
First, the ovarian reserve function
The ovarian reserve function of women refers to the quantity and quality of eggs, that is, the "inventory" of follicles with growth and development functions. The number of follicles in women has been determined at birth and is non-renewable. With the increase of age and the progress of menstrual cycle, the number of eggs gradually decreases. So how do we evaluate how much "inventory" there is in the ovaries?
1. Age
Age is the primary factor to evaluate fertility, and the best reproductive age for women is 23~32 years old. With the increase of age, fertility gradually decreases, pregnancy rate and live birth rate decrease, and abortion rate increases. With the increase of age, ovarian function declines irreversibly, and the number of follicles and the quality of eggs decrease. Age-related abnormal vascularization, oxidative stress and free radical imbalance in the ovary will lead to the decline of oocyte quality, which will lead to fertilization failure or abnormal embryo development.
The picture comes from the Internet.
2. Basic follicle stimulating hormone (bFSH)
BFSH is the level of serum FSH on the second to fourth day of menstruation, and it is one of the indexes to evaluate ovarian reserve function. The main reasons for the increase of bFSH level are the aging, the decline of ovarian function, the decrease of E2 secretion, the weakening of negative feedback on hypothalamus-pituitary-ovarian axis, and the subsequent increase of FSH. When the serum level of bFSH is higher than 10u/L, the ovarian reserve function is decreased, and when the serum level of bFSH is higher than 18u/L, the live birth rate is almost zero.
3. Basic estradiol (bE2)
BE2 refers to the level of serum E2 on the 2nd to 4th day of menstrual cycle, which can be used as an index to evaluate ovarian reserve function. When the bE2 value is more than 74.9 pg/ml (274.134 pmol/L), the ovarian function is decreased or the pregnancy outcome is poor when in vitro fertilization (IVF) is performed, and the number of embryos obtained is small.
4. FSH/LH (follicle stimulating hormone/luteinizing hormone) ratio
FSH/LH ratio can be used as an index to reflect ovarian function, and can also be used as a sign of ovarian response to gonadotropin to predict pregnancy outcome. When FSH/LH > 2, it is suggested that the ovary may have a bad reaction to gonadotropin in assisted reproductive technology. When FSH/LH > 3.6, the ovarian function is obviously decreased, and the cancellation rate of IVF ovulation cycle is high.
5. Anti-Miller hormone (AMH)
AMH is mainly produced by primary follicles, preantral follicles, sinus follicles, etc. It regulates the growth and development of follicles and is not regulated by hypothalamus-pituitary-ovary axis. As a reliable index of ovarian reserve function, it can be detected on any day of menstrual cycle. Serum AMH concentration was negatively correlated with age. AMH value reaches its peak in adulthood (about 25 years old), generally drops significantly after 36 years old, and approaches zero when approaching menopause.
6. Inhibin B(INH-B)
INH-B appears from the pre-antral follicular phase and is regulated by FSH. INH-B level, as a direct index to predict ovarian reserve function, reflects ovarian reserve. On the third day of menstruation, the blood INH-B < 45 ng/L indicates that ovarian function is decreased.
7. Sinus follicle count (AFC) and ovarian volume
AFC, ovarian volume and ovarian interstitial blood flow parameters can be used as evaluation indexes of ovarian reserve function and responsiveness. AFC is significantly correlated with age and basic hormones. With age, the number of follicles decreases exponentially. Ovarian volume can reflect the number of follicles and the situation of ovarian reserve pool from another angle. With the increase of age, ovarian function declines and ovarian volume shrinks. The most commonly used parameters of ovarian stromal blood flow are the peak velocity of ovarian stromal blood flow (PSV) and resistance index (RI). High PSV and/or low RI indicate that the ovarian interstitial blood supply is abundant and the ovary responds well to gonadotropin.
Second, the evaluation of the structure and function of reproductive tract
Because of the special anatomical structure and physiological function of female reproductive tract, the evaluation of reproductive tract structure and function is also an important link in fertility evaluation, including vagina, cervix, uterus, fallopian tube and pelvic cavity.
1. Detection of vaginal microecology
Female reproductive tract flora is closely related to every step of ovulation, sperm transport, fertilized egg implantation, pregnancy and delivery. Reproductive tract infection of women of childbearing age affects their reproductive health, damages their reproductive function and increases the risk of infertility.
2. Detection of cervical lesions
Cervical diseases tend to be younger, which are closely related to fertility and pregnancy outcome. Regular gynecological physical examination, cervical liquid-based thin-layer cytology (TCT) and human papillomavirus (HPV) screening should be conducted to detect cervical diseases as soon as possible.
3. Detection of uterine abnormalities
Non-invasive ultrasound, such as hysteromyoma and endometrial polyp, is the most widely used examination method to evaluate the receptivity of uterus and endometrium, and to evaluate the shape, thickness, volume, peristalsis wave, uterine artery and hemodynamic parameters of endometrium. Hysteroscopy is the gold standard for the diagnosis of endometrial lesions, which can accurately identify cervical lesions, intrauterine lesions, abnormal endometrial morphology and abnormal tubal opening through endoscopy. Endometrial biopsy can also be performed. At present, there are cytokines, various receptors, endometrial receptivity chips and other detection methods to evaluate endometrial receptivity, and the research on endometrial receptivity is constantly expanding.
4. Tubal patency test
Including salpingostomy, hysterosalpingography/contrast-enhanced ultrasound and laparoscopic salpingostomy. At present, hysterosalpingography has become a research hotspot with its unique advantages (real-time dynamic, visualization and no radiation), and has gradually become the first choice for tubal patency examination. Liquid drainage has some shortcomings, such as invisibility, blindness and great difference. X-ray radiography, as a traditional method of tubal patency examination, mainly has the disadvantages of adverse reaction of contrast agent and radiation damage. Laparoscopic salpingostomy is the "gold standard", but it is not the first choice for the time being because of invasion, hospitalization, high cost, surgery and anesthesia.
The picture comes from the Internet.
5. Detection of pelvic factors
Pelvic diseases are closely related to female fertility, such as pelvic endometriosis, pelvic tuberculosis, pelvic adhesion, tubal diseases, hysteromyoma, ovarian tumors and pelvic inflammatory diseases. Laparoscopic surgery can find and diagnose abnormal pelvic conditions in time. For infertility caused by fallopian tube factors or uterine cavity factors, hysteroscopy combined with laparoscopy can treat pelvic cavity, fallopian tube and uterine cavity diseases accordingly, which has important clinical value for female fertility evaluation, diagnosis and treatment.
6. Female reproductive tract dysplasia
Abnormal development of female reproductive tract includes abnormal development of vagina, cervix, uterine body and fallopian tube, with or without abnormalities of ovary and urinary system. The combination of pelvic ultrasound and MRI examination is the best examination method for reproductive tract dysplasia.
Third, the general state assessment
In terms of systemic diseases, we should evaluate whether there are diseases that affect fertility or are not suitable for fertility, such as thyroid diseases, familial genetic diseases, blood system diseases, cardiopulmonary diseases and tumors.
1. Thyroid diseases
Abnormal thyroid function can lead to infertility and poor pregnancy outcome, so it is suggested that women with family planning should monitor thyroid function. Clinical hyperthyroidism can lead to abortion, premature delivery and thyroid crisis, and timely treatment can significantly reduce these risks; Infertile women with subclinical hypothyroidism should be treated with levothyroxine (LT4).
2. Hereditary diseases
According to the etiology, it can be divided into monogenic diseases, polygenic diseases, chromosomal diseases, mitochondrial genetic diseases and somatic genetic diseases, which have the characteristics of congenital, lifelong and familial. It is suggested that couples with rare diseases or couples who have given birth to rare diseases should have genetic testing and genetic counseling, reproductive risk assessment and guide reproductive decisions. The genetic diagnosis (PGD) before embryo implantation was provided after the pathogenic gene locus and genetic mode of the family were clarified.
3. Other general conditions
Nutritional status is a very important factor in regulating reproductive process, which is closely related to female reproductive function. For example, obesity and malnutrition have adverse effects on internal environment, egg quality and embryo development. In addition, mental state, living environment and systemic factors also need comprehensive consideration. Whether a woman’s whole system can withstand pregnancy is also the concern of fertility evaluation, including whether she is complicated with diabetes, hypertension, heart disease and tumor.
4. Who needs fertility assessment?
1. Couples who have been pregnant for more than 1 year without pregnancy;
2. People who have had many bad pregnancies in the past;
3. People who have had multiple abortions or ectopic pregnancy in the past;
4. Women of childbearing age with less menstrual flow, irregular menstrual cycle and dysmenorrhea;
5. Obese or thin people (BMI>24 or BMI<18.5);
6. White-collar workers who stay up late and work overtime for a long time;
7. People who use computers and mobile phones for a long time to work in a radiation environment;
8. People with smoking, drinking, drug addiction and other habits.
In a word, fertility assessment can help women understand their fertility potential and possible fertility problems. In fact, whether you have the desire to have children at present or not, regular fertility assessment can help you plan your birth plan reasonably, receive corresponding medical help in time, and don’t leave regrets for your life!
It is difficult to charge and store. How does the owner of electric bicycle insist on ＂pushing the cart into the house＂？
Residential buildings are high-risk places for electric bicycle fires. According to the "Regulations on Fire Safety Management of High-rise Civil Buildings" issued and implemented by the Emergency Management Department in 2021, parking or charging of electric bicycles is prohibited in public halls, evacuation walkways, stairwells, safety exits and other places of high-rise buildings. Then why do car owners insist on "pushing cars into the house"? Why do you need to charge at home?
Not long ago, reporters also visited all parts of the country and found that it is still common for residents to bring electric bicycles or batteries into indoor charging illegally. The reporter learned that the lack of public charging facilities is the main pain point encountered by residents when using cars.
Insufficient public charging facilities are the main pain points.
In an old residential area in Tianjin, the reporter saw that it is more common for residents to put electric bicycles in the corridor at will or push them into the elevator. Although some residents parked their cars outside the building, they still took the batteries home to charge them for convenience.
In a community in Fengtai District, Beijing, the reporter saw that although public charging facilities for convenience have been set up next to residential buildings, and electric bicycles are reminded with eye-catching slogans that "do not enter the building and do not enter the house", some residents still turn a blind eye to this.
In a community in Dongsha Street, Liwan District, Guangzhou, some residents still push their electric bicycles into their homes to charge, knowing the risks.
In the street park of the nearby community, although a public charging area with more than ten charging ports is also provided, when the reporter visited, he did not see an electric bicycle charging here. In addition to spending more money, residents say that they sometimes want to use it, and they can’t find a vacancy. Even some non-rechargeable vehicles often stop in the shed to occupy a position.
Problems such as potential safety hazards reflected by residents and insufficient public charging facilities. The staff of the local community neighborhood Committee said that they would try their best to persuade illegal charging behavior during daily inspections. As for the expansion of public charging facilities, in addition to security factors such as anti-theft and fire prevention, it is also faced with problems such as limited space in old communities and the inability to distance itself from residential buildings. At present, it is difficult to advance.
Car owners do not pay attention to the safety of electric bicycles.
The reporter learned that in addition to the many car pain points mentioned in the above film, there is another aspect, that is, many car owners lack sufficient attention to the safety of electric bicycle batteries and insufficient understanding of battery quality. According to the statistical analysis of the National Fire and Rescue Bureau, the main causes of electric bicycle fire include battery overcharge, battery monomer failure, short circuit of electrical circuit and so on. It can be seen that battery quality is particularly critical. In particular, old batteries and modified batteries that have been used for a long time have no small safety hazards. Therefore, battery inspectors have also done relevant tests.
In order to test the difference of charging safety factor between an old battery and a new battery, inspectors first disassembled a common lithium battery for electric vehicles, and it can be seen that the battery is actually composed of 10 battery cells. Subsequently, the inspectors put two new batteries that have been disassembled separately and the old batteries that have been used for a long time into the experimental box at the same time, and carried out charging tests at a fixed temperature and under the same conditions.
Li Zhaoyang, Senior Engineer of Battery TestingThis orange curve is the temperature change of aging battery, and the blue curve is the temperature change of new battery. It can be seen that the temperature of aging battery rises faster than that of fresh battery when charging, which is 1℃~2℃ higher on average.
The inspectors also simulated the collision that may be encountered in the daily use of the battery and conducted a pressure test. It can be seen that the squeezed battery first appears obvious internal cracking sound, and then suddenly bursts. Then there was smoke coming out of the battery, and then it exploded and caught fire.
Huang Huanjie, Executive President of Guangzhou Electric Bicycle Industry AssociationWe also participated in the investigation of some fire cases, and found that the main problems were some small brand batteries, or some batteries with "three noes" products, which were refurbished and reassembled from old batteries.
Industry insiders remind that battery overcharge may lead to battery performance degradation, shorten battery life and even damage the battery, leaving hidden dangers. In addition to developing good habits, car owners must choose regular manufacturers when buying batteries for electric bicycles. Even if it is a new battery, it should be inspected or replaced within six months to two years.
Fire caused by electric bicycle entering the house.
In the face of the fire caused by electric bicycles, many netizens left messages on the Internet expressing concern. Poke the video and see what the netizens say.
All localities actively explore the experience and practice of combining "dredging" and "blocking"
According to the data of China Bicycle Association, by the end of 2022, the number of two-wheeled electric bicycles in China has reached 350 million, which is equivalent to one electric bicycle for every four people. With the popularity of electric bicycles and frequent accidents, it also puts forward new challenges and requirements for the original order and management of the city.
Experts said that in addition to improving the regulations and standards for electric bicycle parking and charging in relevant places from the legislative level, the relevant departments should actively explore the experience and practice of combining "sparse" and "blocking".
In Suzhou, the local government, functional departments and social subjects’ legal responsibilities have been defined for the production, sales, parking, charging and management of electric bicycles. At the same time, the civil air defense measures should be improved in conditional communities, with 24-hour remote video monitoring devices and independent smoke fire detectors.
Shen Qiuning, a community workerWe have also purchased "three defenses" insurance for residents. The so-called three defenses are fire prevention, theft prevention and loss prevention. If our vehicle is stolen in the process of using the charging facilities, or there are losses for other reasons, we can give a subsidy of up to 2000 yuan per vehicle when taking insurance.
In Fengtai District, Beijing, the local fire department is actively promoting the streets and property units under its jurisdiction to install intelligent ladder control systems in this community. With the help of the intelligent camera installed in the elevator box, the system accurately controls the electric bicycle and battery to "go upstairs by ladder" by means of "algorithm identification+sound and light alarm".
In terms of promoting the construction of electric bicycle charging facilities, Beijing also plans to build another 200,000 public charging interfaces in 2024 on the basis of the 950,000 public charging interfaces already built, so as to solve the charging pain of car owners.
Jilin Changchun police exposed the sweet online dating scam and destroyed an electric fraud gang for 7 days.
Recently, after careful investigation, the West Square Police Station of Kuancheng Branch of Changchun Public Security Bureau of Jilin Province successfully destroyed a telecommunication network fraud criminal gang in just seven days, arrested seven suspects and solved more than 80 series of cases, involving more than 400,000 yuan.
It is reported that on October 22nd, the police of the West Square police station combed and screened through the public security online platform to get clues. A woman surnamed Sun in Huai ‘an City, Jiangsu Province reported to the local public security organ that she had made a friend who claimed to be engaged in engineering in Wuxi through a well-known dating platform. After a week of chatting, the relationship between them became more and more intimate. Chen Mou also took the initiative to confess to Sun, claiming that he had bought a diamond ring as a gift and was going to meet Sun in Huai ‘an. However, Chen Mou claimed that he usually likes to drink red wine, but the plane was not allowed to carry it, so he sent a shopping link to Sun, asking him to "prepare" a few bottles of red wine to drink together. When he thought of the "big style" and the diamond ring gift that Chen Mou revealed in his usual chat, Sun was carried away by the sudden "love" and opened the shopping link without thinking, which cost 24,000 yuan. What she never expected was that after the arrival of five cases of red wine, Chen Mou had blacked out its WeChat and couldn’t contact it any more.
After preliminary investigation, Huai ‘an police determined that this was a typical case of telecommunication network fraud in the name of dating, so they entered the relevant information into the national anti-fraud platform after filing the case.
After screening, the police of West Square Police Station found that the delivery place of red wine in this case was Erdao District, Changchun City. Zhang Wei, the director, immediately assigned Yang Guang, the deputy director, to lead the police chiefs Zhao Dongsheng and Yang Dapeng to set up a task force to fully investigate this key clue.
Through inquiry, the task force locked the delivery express station of red wine in a very hidden old residential area in Erdao District. In order to get more clues, the police secretly guarded around the express station for three consecutive days, and sure enough, they found a pair of suspicious men and women who drove a black car to the express station on time every afternoon and sent boxes of red wine to all parts of the country. The task force then brought the two into the key screening line of sight. After further investigation and intelligence research, the task force mastered the information of two suspects and several gang members, and successfully locked the suspects in two hiding dens, one of which was the "office place" dedicated to telecom fraud and the other was the "warehouse" dedicated to living and storing red wine.
After investigation, the task force determined the organization structure, division of labor, modus operandi and activity rules of the gang, and made a careful arrest plan, only when the time is ripe.
On October 29, in order to wipe out the gang, the task force and the police were divided into two ways, and went to the two suspect hiding dens in Kuancheng District and Erdao District to wait for the net.
Yang Guang, deputy director of a route, led a team and secretly rushed to a residential area in Kuancheng District. Due to the early investigation, it was found that there was a monitoring probe outside the den and the people in the house were extremely vigilant, it was difficult for strangers to call the door open. In order to avoid scaring the snake, the police put on two sets of uniforms for the staff of the heating company and called the door open in the name of checking the heating pipeline. The police seized the opportunity and rushed into the room. They successfully arrested five suspects, three men and two women, who were chatting with the victim in front of the computer, and seized five computer mainframes used in the crime on the spot.
Zhao Dongsheng, another route police chief, led a team and found Cao and Qiu under a residential building in Erdao District. They made a decisive attack and successfully arrested two suspects, and found 30 boxes of red wine in their residence that had not yet been delivered.
So far, all seven suspects of the telecommunication network fraud criminal gang have been arrested. It was found through trial that since June this year, Cao and Qiu have gathered Qiao Mogang, Liu, Bao, Gao Mouxun, Li Mouxiao and others to form a criminal gang, purchased tools for committing crimes, defined the division of tasks, and Cao and Qiu trained gang members in "speech skills", mainly using a number of well-known dating platforms, pretending to be rich or successful men, and targeting single and divorced middle-aged women.
After trying every means to win the trust of the murdered woman, the suspect lied that he had bought a gift and was going to meet the other party by plane, but the plane was not allowed to carry liquid. So he proposed that the woman could help him buy red wine and send a shopping link displayed as "French Ramon Satellites Dry Red Wine", which was made by the gang in advance. They labeled the low-priced red wine bought in 20 yuan and disguised it as high-grade French red wine ranging from 498 yuan to 998 yuan per bottle. As long as the victim clicks on the link and successfully pays, the money will immediately enter Qiu’s personal account, and immediately after the success, the victim will be blacked out, and the principal couple and gang members will collect the money in the bag.
At present, the task force has preliminarily verified that the gang used the same means to defraud more than 80 women victims, involving 12 provinces and 38 cities across the country, involving more than 400,000 yuan. Now Cao and gang members Qiao Mogang, Liu, Bao, Gao Mouxun and Li Mouxiao have been criminally detained according to law, and another principal, Qiu, has been released on bail pending trial due to pregnancy.
The case is being further processed. (Reporter Liu Zhongquan)
Heterogeneous in the transmission! Analysis of Toyota E-CVT transmission
[Pacific Auto Network Technology Channel]What is it? Can realize the automobileSpeed change, torque change, direction change and on-off powerThe device is the transmission. The first car in the world was born in 1886, and the first transmission appeared soon after. It can be said that the development of transmission and automobile are synchronous. At first glance, E-, maybe everyone will naturally think of CVT, that is, CVT. Functionally speaking, E-CVT does have the function of stepless speed change, but structurally speaking, the difference between them is too great. It can even be said that there are two types of transmissions, one is E-CVT and the other is other transmissions.
● Introduction of E-CVT
At the beginning, we mentioned that E-CVT is not a simple "electronically controlled continuously variable transmission", so of course it is not circulated on the Internet. It is an electronic version of CVT. Toyota’s official definition is "power distributor", because it does not have complex mechanisms such as traditional gearbox system or gear shaft set, and it is a power distribution mechanism specially prepared for hybrid vehicles. Therefore, there has always been a debate: is E-CVT a transmission?
For more articles about gearbox classification, please click the following figure to browse:
Whether it is a transmission or not, we will discuss it later. What we can see is that the THS( Hybrid System) is becoming more and more mature from 200h to the later hybrid version. As a key component of the whole system, E-CVT undoubtedly plays a vital role.
● E-CVT structure
If you look at it from the perspective of traditional transmission, the structure of E-CVTIt’s really, really simple. Many times, the more perfect things are, the simpler they are. I think this must be the truth. As a masterpiece of hybrid cars, Prius has been carrying the core hybrid technology, so the next analysis takes Toyota Prius as an example.
The structure of E-CVT is very simple, only made up ofExternal gear ring(The outer gear ring here connects the No.2 motor and the output shaft at the same time) andplanetary carrier(connection) andSun gear(connected to No.1 motor), that is, the power transmission flow is:No.2 motor — External gear ring — output shaftAt the same time, due to the existence of planetary gear sets, there are also:Engine — Planetary group — External gear ring — output shaft. The following physical picture was taken from a foreign video.
If you look closely, you can’t help wondering: Isn’t this the structure? Yes, E-CVT is made up of a planetary gear set reduction mechanism (The red box in the picture above.）。 There is no chain or steel belt in CVT, let alone the torque converter in AT or the double clutch in DCT. So, the problem is coming. . . Ahem. Can an E-CVT with such a simple structure really achieve stepless speed change? The answer is of course!
● E-CVT principle
Overview:
In fact, E-CVT is not very complicated only from the perspective of mechanical motion principle. How complicated can the motion of a planetary gear set be? What is complicated is its electronic control unit, that is, the logical principle of electromechanical cooperation. Before introducing the working principle, briefly list some noun notes that will be used below:
PCU：Power Control Unit (Power control unit) This is an essential part of a hybrid car, which contains a voltage converter and an inverter, and can adjust the output voltage of the battery pack. For example, high voltage (about 600V) must be used to supply power to the motor, and the voltage of the battery pack is up to about 200V due to the size limitation, so the transformer is essential. butThe function of inverter is to change DC to AC or vice versa.Because the high-voltage AC motor has the advantages of small size, high efficiency and large size, and the battery pack emits direct current, an inverter is necessary between the motor and the battery pack.
1：That is, motor generator 1 is connected with the sun gear.
MG2：Namely motor generator 2, andExternal gear ringConnect.
Attribute diagram of two motors:
The engine of Prius is Atkinson engine, which is characterized by good intermediate speed performance, insufficient high and low speed performance and high energy utilization rate;
To facilitate understanding, put a simplified E-CVT structure diagram:
Next is the power distribution diagram.
First of all, we need to be clear about a concept:Power is the product of combination with rotational speed.(power = torque × rotational speed),
Then because there are four that canFree revolutionPlanetary gear, it can be imagined that when the gear ring is fixed (that is, the wheel is fixed), the sun gear (MG1) can only drive the planetary gear seat (that is, the engine) to rotate (that is, start the engine process) when the planetary gear rotates;
With the rotation of planetary gears, when the ring gear (MG2) rotates forward, the sun gear (MG1) can also rotate backward. Conversely, when the ring gear (MG2) rotates reversely, the sun gear (MG1) can rotate forward again.
For example, when the outer ring gear and the sun gear rotate in the same direction, the planetary gears can not rotate, but only revolve, thus driving the gasoline engine to rotate. When the planetary gear seat does not rotate, the ring gear and the sun gear can still rotate freely. It is precisely because of this ingenious characteristic of the planetary gear set,Only when the engine, wheels and motor are connected together can they run without interfering with each other.Therefore, the clutch structure is omitted.
S=C×3.6－R×2.6
In the formula, s = sun = sun gear, c = carrier = line constellation, and r = ring = outer gear ring.
In addition, since the diameters and teeth numbers of the external gear, the sun gear and the planetary gear have been fixed, it can also be obtained according to the formula on the drawing:When the planetary constellation rotates in the middle, the torque ratio allocated to the outer ring gear and the sun gear is certain.. The specific value is about72%Allocated to the external gear (actually 2.6÷3.6),28%Allocated to the sun gear (1-72%). As long as the engine rotates to work, it will not change this basic fact.
Then we all know that under a series of different working conditions, the requirements for torque are greatly changed. Traditional power vehicles need a transmission to adjust the output power of the engine. However, in this specific structure of E-CVT, because there are two motors, under different working conditions,According to the above formula. As long as the different rotational speeds of these two motors are controlled, the engine power obtained on the outer gear ring can be changed infinitely, so that the automobile can achieve stepless speed change.
As for how the PCU of Prius can control the fuel supply of the engine and the voltage, phase and positive and negative on-off of the two motors in real time according to the running conditions of the car. The control logic involved and the data collection and processing procedures of many sensors are too complicated to be described here. Understand that E-CVT can realize stepless speed change.
For more technical channel articles, please click the following link to view:
● Detailed explanation of working conditions
The following analyzes the speed change process of E- one by one from various operating conditions:
I. Idle running (hot car)
After the start command is issued, it starts (rotates forward) in an instant and drives the start. The whole process is extremely fast and smooth.
After the engine is started, it runs at idle speed, and the gasoline engine drives the planetary constellation to rotate forward. Because the wheel (outer ring gear) does not rotate, the forward rotation of the planetary gear set (engine) will drive the sun gear (MG1) to rotate forward through the planetary gears. MG1 no longer receives power from the battery pack, but becomes a generator.Emit alternating current, through the inverter and voltage converter in PCU, it becomes low-voltage DC and charges the battery pack. In short, at idle speed,The whole engine is used to charge the battery pack..
Second, start
After the start signal is sent, a small amount of power will be connected to the No.2 motor, and MG2 will start to rotate. Drive the wheel (outer gear ring) to start forward rotation, and the car moves slowly. When you press the accelerator pedal slightly hard, the No.2 motor will get more power and the Prius will accelerate. Because the power of No.2 motor is very high (50KW), the low speed is also very high. Under the control of PCU, the acceleration of the car is very soft.Even by MG2 aloneYou can accelerate the Prius to a considerable speed! This starting process gives full play to MG2.Low speed and high torsionTo make up for the embarrassing situation of insufficient low-speed torque of the engine.
It is worth noting that if the engine is not working at this time (starting in pure electric mode), with the increase of the rotational speed of MG2, the rotational speed of MG1 will also increase rapidly. Because the speed of MG1 has an upper limit, when it reaches the upper limit, the engine is forced to start to intervene. There is a critical speed at this time. Although this speed is fixed, it is certain that the greater the intensity of stepping on the accelerator at the start, the earlier the gasoline engine will intervene (actively intervene). If you step on the accelerator all at once, the gasoline will ignite immediately.
In most cases, MG2 can smoothly accelerate the Prius to a good speed, but in some cases, there will be a phenomenon of insufficient power. This is what the engine will pass after intervention.Driving MG1 to generate electricity for MG2.andDirectly drive the external gear to rotate to push the wheel.Two ways to output power, it is worth mentioning that these two ways can exist at the same time. As for the proportion of each other, it depends on many factors.
Third, small load acceleration
When accelerating under light load, the wheels are mainly driven by MG2. With the speed of MG2 increasing, the speed of reverse rotation of the four planetary gears gradually decreases. When the speed of the gear ring is the same as that of the planetary constellation (engine), the rotation of the planetary gears stops, leaving only revolution. At this time, the planetary constellation (engine) pushes the gear ring (wheel) and sun gear (No.1 motor) through the four planetary gears that are no longer rotating, and the three speeds are consistent. MG1 continues to supply power to MG2 and charges the power battery through PCU. Thereafter, the speed of MG2 continues to increase until the vehicle reaches the target speed. At this time, the sun gear rotation speed is less than the rotation speed of the constellation.
Fourth, heavy load acceleration
In the face of heavy load acceleration (such as load starting), the power of MG2 can’t keep up.Engine speed increaseEntering its economic operation range, the power of the engine is greatly improved. Because the torque increase of the engine further drives MG1 to generate electricity and the power obtained by the outer ring gear increases, at the same time, the battery pack will also supply power to MG2. Thanks to this, MG2 enters the "full firepower" mode.
Fourth, driving at a constant speed
Driving at a constant speed occurs after the acceleration is completed. At this time, the Prius only needs to overcome all kinds of resistance, and the demand for power and torque is greatly reduced. After the throttle is relaxed, the speed of the gasoline engine decreases, and the speed of the gear ring (wheel) is higher than that of the planetary carrier (gasoline engine). At this time, the four planetary gears began to rotate forward. This forward rotation will drive the sun gear (MG1) to reverse.
There is something special here, as we learned from the previous article. When the power from the engine is transmitted to the outer ring gear and the sun gear through the planet carrier, the rotational speeds of the outer ring gear and the sun gear will satisfy the following formula.
S=C×3.6－R×2.6
When the rotating speed of the outer gear ring is higher than that of the planetary carrier, that is, when R>C, it is obvious that S < 0, that is, it is reversed. However, if the reverse rotation of sun gear at this time is idling (without any resistance), it will rotate so fast that all the power from the engine will be absorbed by MG1 and the external gear ring cannot be driven (because it is obviously much easier to drive sun gear than to drive the external gear ring). Therefore, MG1 will need to work in the motor mode here, so that the planet carrier can’t drive the sun gear to fly at high speed and waste the power of the engine.
But wouldn’t that be a waste of electricity? Therefore, in general, when cruising at high speed, MG2 becomes a generator to maintain the rotation of MG1.
In fact, during the whole driving process of Prius, the state of acceleration and uniform driving is constantly switching. The phase of voltage and current will be adjusted by PCU according to various operation actions such as stepping on the accelerator and releasing the accelerator, and various driving conditions of the car, and the output power and rotating direction of the motor will be changed instantly, and the functions of the two motors will be switched.
Fifth, slow down
In fact, the deceleration is relatively simple, with the engine turned off and the MG1 idling. MG2 is driven by the wheel and becomes a generator to absorb the deceleration energy of the wheel. And charge the battery pack.
Sixth, reverse the car
Thanks to the large torque of MG2, the torque MG2 required by the Prius when reversing can be easily provided. The battery pack supplies power to MG2, which drives the external gear ring to reverse, and the vehicle finishes reversing.
In the whole driving process of Prius, we can see that it is actually a process in which two motors and engines cooperate with each other to perfectly perform linear output under strict electromechanical conversion logic control. The basis of this perfect cooperation is the special structure of E-CVT. Because power = torque × rotational speed, the planetary gear set structure with proportionally distributed torque and infinitely distributed rotational speed enables the power of the engine to be infinitely distributed to the outer gear ring (i.e. wheels) at any time and place, thus completing all functions of the ordinary stepping gearbox!
The following table shows the running state of each gear of E-CVT during the whole process:
You can also refer to the following video to improve your understanding of the operating relationship between planetary gears, sun gears and external gear rings.
● Prospect of E-CVT
The appearance of gearbox was born in order to meet the different power requirements under various complex working conditions. Before it appeared, drivers needed to judge the road conditions and car conditions themselves to shift up and down in time. The advantage of this method is a strong sense of driving operation. After all, experienced drivers know what kind of power the car needs better than ECU. In addition, the advantages of simple structure, easy maintenance and small size also make the car with manual transmission have a large number of fans no matter where it is suitable.
The appearance of automatic gearbox is actually very early, but the real large-scale application was in the 1980 s, and it was also a free ride with the rapid development of electronic technology. Because automatic transmission is not difficult, it is difficult to change the speed more accurately. In the mechanical age, technology is obviously difficult to achieve, but nowadays, more and more intelligent ECU makes automatic transmission more and more able to understand your driving intention. But even so, the automatic gearbox still has defects:There is shift clearance.Even DCT can’t realize the real "stepless speed change".
As for the protagonist E-CVT in this paper, it can be said that it has reached the peak of the integration of electromechanical technology in the gearbox field. First of all, its logic control system is very complicated. In addition, it can effectively make up for the short board (low transmission power) of the traditional stepless gearbox, which integratesHigh power, quick response, stepless speed change and extremely high transmission efficiency.And other advantages in one. But it also has disadvantages:The support system is too complicated.We know that once any system is too complicated, the probability of problems will increase exponentially.
● summary
Let’s make a simple summary of E-CVT:
1. Very smooth, extremely smooth
2, the transmission efficiency is high
3, simple structure and small volume
Let’s go back to the question at the beginning of the article about whether E-CVT is right or not. Let’s put it this way: If other power sources were not needed to cooperate with it, I’m afraid E-CVT technology would have unified the gearbox field long ago. It is precisely because of this "fatal" defect that it is simply tailored for hybrid models. Writing this analysis is not entirely for the sake of popular science, but I hope that everyone can learn more about this somewhat heterogeneous and unknown transmission structure and its thinking. Because I firmly believe that in the future when fossil energy is exhausted, E-CVT will finally shine!
Can Fat Donglai enter Zhengzhou after all？ Yu Donglai officially responded!
On the evening of May 30th, Fat Donglai changed Yonghui’s first store to close, and Yu Donglai appeared in Xinwan Square.
Yu Donglai made it clear that the development of the same trade is too complicated, so Fat Donglai will not enter Zhengzhou market, but Fat Donglai will come to Zhengzhou in another way by changing Yonghui and other supermarkets. By transmitting its own supply chain, service concept and system to Zhengzhou peers, consumers don’t have to go to Xuchang to queue up.
Yu Donglai said: It will take one year for Yonghui to adjust to a relatively healthy state. Today next year, all stores in Yonghui will not lose money, and all employees will earn more than 4,000 yuan.
"Entrepreneurs should at least respect their employees and think about how to make our employees work and live with dignity." Yu Donglai said at the scene. "Now many enterprises in second-and third-tier cities and even first-tier cities have employees’ income of only two or three thousand yuan. Entrepreneurs still talk about benefiting employees. What are such bosses doing?"
He believes that at present, China has put forward a strategy of high-quality development, as an enterprise should respond to the national strategy. Entrepreneurs need to think about how to lead employees and lead more people to create more beauty.
According to Dahe Finance Cube, Yu Donglai’s goal for changing the first store of Yonghui Supermarket is that "the average daily revenue of Yonghui Supermarket will increase by five times after the change".
Yu Donglai said that it is estimated that the daily sales of this store will be around 800,000 yuan. "Now the daily sales is only 160,000 yuan. In the future, the daily sales will not be less than 500,000 yuan, which is estimated to be in the range of 800,000 yuan to 1 million yuan. In the future, it is possible to transform about three Yonghui supermarket stores in Zhengzhou to make Yonghui Supermarket better. " Yu Donglai said that only when everyone is constantly optimizing and moving towards goodness, there will be no competition for involution. "In the past, it was to make money and make profits. Now it is to be better than anyone, so that we can move from a competitive mentality to a friend relationship." Yu Donglai said.
Original title: "Can Fat Donglai enter Zhengzhou in the end? Yu Donglai officially responded! 》
Read the original text
Test drive the all-new Audi Q5L： adding more than just the wheelbase
The new Audi Q5L has attracted much attention. Photo by Sun Xiaomeng, a reporter from Beijing News
■ Car reading test drive
Starting from the Q7, Audi began to use the design of the new generation of models. On July 6, Beijing News reporters participated in the new Audi Q5L media test drive event held by FAW-Volkswagen Audi in Guizhou. The new Audi Q5L after this "lengthened" has become full and mature in visual effect through the improvement of the front details. The larger hexagonal middle net and the complex and eye-catching headlight design all show the unique design language of Audi models, and the longer wheelbase enhances its market competitiveness.
The wheelbase is lengthened and the space is increased.
The new generation of Audi Q5L still has obvious Audi Q-series genes in its exterior design, with a large 3D aluminum intake grille and intelligent matrix headlights, expressing the Audi family’s expertise in technology.
The new car also lengthens the wheelbase by 88mm to 2908mm, and the lengthened part is concentrated in the rear row space, which has certain advantages in the same class.
In the rear part, the new Q5L is familiar with the previous generation of models, especially the outline of the taillights and the "clam shell" overall hatchback tailgate that continues to be used. The Beijing News reporter noticed that the "exhaust" under the bumper of the new car is only decorative, and the real double exhaust port is located on the underside of the bumper. This has become a common feature of many Audi models, and even the SQ5 has not been spared the "fake exhaust".
In-car technology configuration improvement
The interior texture of the new Q5L has improved. The center console shape is not fancy, simple and practical, and the technology configuration in the car has been improved synchronously.
During the test drive, the Beijing News reporter noticed that the Q5L is equipped with a 12.3-inch full-LCD instrument and the latest MMI multimedia system with an 8.3-inch central control screen, which can provide LTE 4G network, Wi-Fi network hotspot functions, and more.
In the high-end model, the Q5L also has more features to enhance the sense of luxury, such as the Danish Bang & Olufsen sound system, HUD head-up display system, and automatic parking.
Fast dynamic response
The new Q5L is equipped with the same power unit as the new A4L, namely two different power-tuned 2.0T turbocharged engines. The maximum output of the 40 TFSI model is 140 kW, and the maximum output of the 45 TFSI model is 185 kW.
The new car is equipped with a 7-speed dual-clutch transmission code-named DL382, replacing the 8-speed automatic transmission of the old model. It is worth noting that the new car is equipped with a new quattro ultra four-wheel drive system, which eliminates the central Torson differential on the old model and replaces it with an electronically controlled multi-disc clutch. This change changes the all-wheel drive of the new Audi Q5L to a timely four-wheel drive dominated by the previous drive.
No matter what mode, when the reporter of the Beijing News stepped on the accelerator deeply, he could feel that its power output was very strong. If it was not for the pursuit of "speed and passion", the power would definitely be sufficient.
Sun Xiaomeng, reporter of Beijing News
Avita 07 officially opened delivery, priced 21.99-28 9,900 yuan, equipped with Huawei Smart Drive ADS 3.0
A few days ago, Avita 07 officially started delivery, Avita Technology President Chen Zhuo on-site delivery for the owner. Avita 07 (parameters | inquiry) was listed on September 26, a total of extended range models and pure electric models, priced 21.99-28 9,900 yuan, positioning medium-sized SUV.
The highlights of Avita 07 include Huawei Smart Driving ADS 3.0, Hongmeng 4.0 car system, 15.6-inch central control screen, 35.4-inch 4K remote screen, dual 6.7-inch streaming external rearview mirror screen, dual zero-gravity massage seat, British treasure 25 speakers, air spring + CDC dynamic damping shock absorber, etc.
In terms of power, Arvita 07 will provide an extended range version and a pure electric version. The extended range version uses Arvita Kunlun range extension technology and is equipped with a power system composed of a 1.5T range extender and a motor. Two-wheel drive and four-wheel drive versions are available. The maximum power of the 1.5T range extender is 115kW; the two-wheel drive version is equipped with a single motor with a maximum power of 231kW, and the four-wheel drive version is equipped with 131kW and 231kW front/rear dual motors. The battery is a 39.05kWh lithium iron phosphate battery pack, corresponding to the CLTC pure electric cruising range of 230km (two-wheel drive) and 220km (four-wheel drive) respectively.
Avita 07 pure electric version also provides two-wheel drive and four-wheel drive versions. The maximum power of the two-wheel drive version motor is 252kW, and the maximum power of the front/rear motor of the four-wheel drive version is 188kW and 252kW respectively. The two-wheel drive version and the four-wheel drive version are matched with the lithium iron phosphate battery pack provided by Ningde Times, and the pure electric cruising range is 650km and 610km respectively. (Text/Autohome Qin Chao)