Article 101  The patent administration department of the State Council receives international patent applications filed under the Patent Cooperation Treaty in accordance with the provisions of Article 20 of the Patent Law.
With regard to an international patent application filed under the Patent Cooperation Treaty designating China (hereinafter referred to as the international application), the requirements and procedures for entering the phase of process conducted by the patent administration department of the State Council (hereinafter referred to as entering the Chinese national phase) shall be subject to the provisions prescribed in this Chapter; where there are no such provisions in this Chapter, the relevant provisions in the Patent Law and in any other chapters of these Rules shall apply.
 

Article 102  Any international application which has been accorded an international date of filing in accordance with the Patent Cooperation Treaty and which has designated China shall be deemed as an application for patent filed with the patent administration department of the State Council, and the said international date of filing shall be deemed as the date of filing referred to in Article 28 of the Patent Law.

Article 103  Any applicant for an international application shall, within 30 months from the priority date as referred to in Article 2 of the Patent Cooperation Treaty (in this Chapter referred to as the priority date), go through the formalities for entering the Chinese national phase with the patent administration department of the State Council; if the applicant fails to go through the said formalities within the said time limit, he or it may, after paying a surcharge for the late entry, go through the formalities for entering the Chinese national phase within 32 months from the priority date.
 

Article 104  Where the applicant goes through the formalities for entering the Chinese national phase in accordance with the provisions of Article 103 of these Rules, he or it shall meet the following requirements:
(1) submitting in Chinese a written statement for entering the Chinese national phase, whereby indicating the number of the international application and the type of the patent right sought;
(2) paying the filing fee and the printing fee for publishing the application prescribed in the first paragraph of Article 93 of these Rules and, where necessary, the surcharge for the late entry prescribed in Article 103 of these Rules;
(3) submitting the Chinese translation of the description and the claims of the initial international application where an international application is filed in a foreign language;
(4) indicating in the written statement for entering the Chinese national phase the title of the invention-creation, the name or title of the applicant, the address of the applicant and the name of the inventor, all of which shall be in conformity with those recorded in the International Bureau under the World Intellectual Property Organization (hereinafter referred to as the International Bureau); indicating the name of the inventor in the said statement where the inventor is not indicated in the international application;
(5) where an international application is filed in a foreign language, submitting the Chinese translation of the abstract and submitting a copy of the drawings and a copy of the drawing of the abstract if there are drawings and the drawing of the abstract, in which the text matter of the drawings, if any, shall be replaced by the corresponding text matter in Chinese; where the international application is filed in Chinese, submitting a copy of the abstract and a copy of the drawing of the abstract which are contained in the documents of the international publication;
(6) where the formalities have been gone through with the International Bureau in the international phase in respect of a change of the applicant, submitting the documents certifying that the applicant as changed is entitled to the application; 
(7) paying the additional fee for filing the application when necessary, as prescribed in the first paragraph of Article 93 of these Rules.
Where the requirements set forth in subparagraphs (1) to (3) of the first paragraph of this Article are met, the patent administration department of the State Council shall issue the filing number, indicate clearly the date of entry of the international application into the Chinese national phase (hereinafter referred to as the date of entry), and notify the applicant that his or its international application has entered the Chinese national phase.
Where, after entering the Chinese national phase, it is found that an international application does not meet the requirements as set forth in subparagraphs (4) to (7) of the first paragraph of this Article, the patent administration department of the State Council shall notify the applicant that he or it is required to make corrections within a specified time limit; if the applicant fails to do so, the application shall be deemed to have been withdrawn.
 

Article 105  Where an international application falls under any of the following circumstances, the effect of the application in China shall cease:
(1) in the international phase, the international application is withdrawn or deemed withdrawn, or the designation of China of the international application is withdrawn;
(2) the applicant fails to go through the formalities for entering the Chinese national phase within 32 months from the priority date in accordance with the provisions of Article 103 of these Rules; 
(3) while going through the formalities for entering the Chinese national phase, the applicant fails to fulfill the requirements of subparagraphs (1) to (3) of Article 104 of these Rules at the expiration of the time limit of 32 months from the date of priority.
Where the effect of an international application ceases in China in accordance with the provisions of subparagraph (1) of the preceding paragraph, the provisions of Article 6 of these Rules shall not apply; where the effect of an international application ceases in China in accordance with the provisions of subparagraph (2) or (3) of the preceding paragraph, the provisions of the second paragraph of Article 6 of these Rules shall not apply.
 

Article 106  Where an international application is amended in the international phase and the applicant requests that the examination be based on the amended application, the Chinese translation of the amendments shall be furnished within two months from the date of entry. Where the Chinese translation is not furnished within the said time limit, the amendments made by the applicant in the international phase shall not be taken into consideration by the patent administration department of the State Council.
 

Article 107  Where an invention-creation for which an international application is filed falls under any of the circumstances prescribed in subparagraph (1) or (2) of Article 24 of the Patent Law and a statement has been made in this respect when the international application is filed, the applicant shall indicate it in the written statement for entering the Chinese national phase and, within two months from the date of entry, furnish the relevant certifying documents prescribed in the third paragraph of Article 30 of these Rules; if the applicant fails to indicate it or furnish the relevant certifying documents within the said time limit, the provisions of Article 24 of the Patent Law shall not apply to his or its application.
 

Article 108  Where the applicant has made indications concerning deposited biological materials in accordance with the provisions of the Patent Cooperation Treaty, the requirements provided for in subparagraph (3) of Article 24 of these Rules shall be deemed to have been fulfilled. In the statement for entering the Chinese national phase, the applicant shall indicate the documents recording the particulars of the deposit of biological materials, and the exact location of the record in the documents.
Where particulars concerning the deposit of biological materials are contained in the description of the international application as initially filed, but there is no such indication in the statement for entering the Chinese national phase, the applicant shall make corrections within four months from the date of entry. If the applicant fails to do so at the expiration of the said time limit, the biological materials shall be deemed not to have been deposited.
Where, within four months from the date of entry, the applicant submits the certificate of deposit and that of viability of biological materials to the patent administration department of the State Council, the biological materials shall be deemed to have been deposited within the time limit as provided for in subparagraph (1) of Article 24 of these Rules.
 

Article 109  Where an invention-creation for which an international application is filed is accomplished relying on the use of genetic resources, the applicant shall indicate the fact in the written statement for entering the Chinese national phase, and fill in the forms provided by the patent administration department of the State Council.
 

Article 110  Where the applicant claims one or multiple priorities in the international phase and such claims remain valid at the time when the application enters the Chinese national phase, the applicant shall be deemed to have submitted a written declaration in accordance with the provisions of Article 30 of the Patent Law.
The applicant shall pay the fee for claiming priority within two months from the date of entry; if the fee is not paid or not paid in full within the time limit, the priority shall be deemed not to have been claimed.
Where the applicant has submitted a copy of the earlier application in the international phase in accordance with the provisions of the Patent Cooperation Treaty, he or it shall be exempted from submitting a copy of the earlier application to the patent administration department of the State Council at the time when going through the formalities for entering the Chinese national phase. Where the applicant has not submitted a copy of the earlier application in the international phase, the patent administration department of the State Council may, if it deems it necessary, notify the applicant that he or it is required to submit a copy of the earlier application within a specified time limit; if no copy is submitted at the expiration of the specified time limit, his or its claim for priority shall be deemed not to have been made.
 

Article 111  Where, before the expiration of 30 months from the priority date, the applicant files a request with the patent administration department of the State Council for early processing and examination of his or its international application, he or it shall, in addition to going through the formalities for entering the Chinese national phase, submit a request in accordance with the provisions of the second paragraph of Article 23 of the Patent Cooperation Treaty. Where the international application has not been transmitted by the International Bureau to the patent administration department of the State Council, the applicant shall submit a certified copy of the international application.
 

Article 112  With regard to an international application for a patent for utility model, the applicant may amend the application documents on his or its own initiative within two months from the date of entry.
With regard to an international application for a patent for invention, the provisions of the first paragraph of Article 51 of these Rules shall apply.
 

Article 113  Where the applicant finds that there are mistakes in the Chinese translation of the description, the claims or the text matter in the drawings as submitted, he or it may correct the translation within the following time limits in accordance with the international application as filed:
(1) before the completion of preparations for publication of an application for a patent for invention or announcement of a patent right for utility model by the patent administration department of the State Council; and
(2) within three months from the date of receipt of the notification sent by the patent administration department of the State Council, stating that an application for a patent for invention has entered into examination as to substance.
Where the applicant intends to correct the mistakes in the translation, he or it shall file a written request and pay the prescribed fee for the correction of the translation.
Where the applicant corrects the translation as required by the notification from the patent administration department of the State Council, he or it shall, within a specified time limit, go through the formalities prescribed in the second paragraph of this Article; if the prescribed formalities are not gone through at the expiration of the time limit, the international application shall be deemed to have been withdrawn.
 

Article 114  Where the patent administration department of the State Council considers, after preliminary examination, that an international application for a patent for invention complies with the relevant provisions of the Patent Law and these Rules, it shall publish the application in the Patent Gazette; where the international application is filed in a language other than Chinese, the Chinese translation of the international application shall be published.
Where the international publication of an international application for a patent for invention by the International Bureau is in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the international publication; if the international publication by the International Bureau is in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of the publication of the Chinese translation by the patent administration department of the State Council.
With regard to an international application, the publication referred to in Articles 21 and 22 of the Patent Law means the publication referred to in the first paragraph of this Article.
 

Article 115  Where two or more inventions or utility models are contained in an international application, the applicant may, from the date of entry, submit a divisional application in accordance with the provisions of the first paragraph of Article 42 of these Rules.
Where, in the international phase, some parts of an international application are not the subject of international search or international preliminary examination because the International Searching Authority or the International Preliminary Examination Authority considers that the international application does not comply with the requirement of unity of invention prescribed in the Patent Cooperation Treaty, and because the applicant fails to pay the additional fee as prescribed, whereas at the time of going through the formalities for entering the Chinese national phase, the applicant requests that the said parts be the basis of examination, the patent administration department of the State Council, finding that the decision concerning unity of invention made by the International Searching Authority or the International Preliminary Examination Authority is justified, shall notify the applicant that he or it is required to pay the restoration fee for unity of invention within a specified time limit. If the fee is not paid or not paid in full at the expiration of the specified time limit, those parts of the international application which have not been searched or have not been the subject of international preliminary examination shall be deemed to have been withdrawn.
 

Article 116  Where an international application in the international phase has been refused to be accorded an international date of filing or has been declared to be deemed withdrawn by an international authority concerned, the applicant may, within two months from the date of receipt of the notification, request the International Bureau to send the copy of any document in the file of the international application to the patent administration department of the State Council, and shall go through the formalities prescribed in Article 103 of these Rules with the patent administration department of the State Council within the said time limit. After receiving the documents sent by the International Bureau, the patent administration department of the State Council shall review the decision made by the international authority concerned to find whether it is correct.
 

Article 117  Where, with regard to a patent right granted on the basis of an international application, the scope of protection determined in accordance with the provisions of Article 59 of the Patent Law exceeds the scope of the international application in its original language because of incorrect translation, the scope of protection granted to the international application shall be determined according to what is limited in the original language of the application; where the scope of protection granted to the international application is narrower than the scope of the application in its original language, the scope of protection shall be determined according to the patent when it is granted.