Rules 19 and 20 of the "Provisions Concerning the Implementation of 'Patent Cooperation Treaty' in China" promulgated by the Chinese Patent Office clearly stipulates: For PCT applications designating or selecting China that are in languages aside from the Chinese language, the applicants shall submit the Chinese versions of the international applications to the Chinese Patent Office before the expiration of the 20-month or 30-month period counted from the date of priority, where no Chinese versions are submitted at the expiration of the time limit, the effect of said applications shall cease.
According to the above provisions, where the applicant of the PCT application can not timely submit the application documents before the expiration of the time limit, the effect of said PCT application will cease in China. Rule 35 of the "Provisions Concerning the Implementation of 'PCT Cooperation Treaty' in China" further stipulates: Where the applicant fails to implement the provisions of Rules 19 and 20 of this Regulations, he may request the restoration of right within two months from the date of expiration. Where the applicant requests the restoration of right, he shall pay relevant fees and, at the same time, shall also make up the various formalities when entering into the national phase. Where the two-month period expires, the effect of the international application shall not be restored in China.
Therefore, according to the above provisions, where the applicant, having submitted the PCT application documents within the two months from the date of expiration, has filed an "Application for Restoring Right" with the Chinese Patent Office, and has made up the various formalities necessary for entering into the Chinese phase, the Chinese Patent Office will accept said international application, and will name the date of its entering into the Chinese phase, according to the respective dates of the Chinese Patent Office's receiving the "Application for Restoring Right" and of completing the other formalities necessary to enter the Chinese phase.
