ChinaExamination GuideInventionsPatent LawProposed ChangesUpdates and Changes
17 November 2022

China Announcing More Proposed Amendments to the Examination Guidelines in 2022

It’s been a year and a half since the new Chinese Patent Law came into effect (1 June 2021). Although various versions of draft Examination Guidelines have been released, thus far no official finalized versions have been confirmed. On October 31, 2022, yet another new list of proposed amendments was published[1], this time consolidating the previous sets of proposed changes from 2020 to 2021 to the Examination Guidelines. As this version looks closer to a finalized version, we are cautiously optimistic that an official set of guidelines may soon be released. As such, we think it’s worth looking a bit more closely into this current draft version.

Below are a few of the new proposed changes that are worth our attention:

  • New rules for designs in view of China signing onto the Hague agreement
  • New rules and new examination standards for utility models
  • New rules for re-examination/invalidation proceedings
  • Eligibility requirements for patent term compensation, for regular patents (“PTA”) and drug patents (“PTE”)
  • Further requirements for genetic resources obtained in China
  • Detailed procedures regarding open licensing

Other important changes include:

  • New exception to the patentability of diagnostics
  • Sequence listings adopting ST.26 standards
  • Electronic receipt dates and associated deadlines (e.g., no more 15-day mailing period!)

Stay tuned for our upcoming articles for detailed discussions about these changes! If you have questions or concerns regarding any specific sections of the proposed Examination Guidelines or the new Chinese Patent Law, please feel free to reach out to us, and we will be happy to provide a personalized consultation.

This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.

  1. Notice on Revised Guidelines for Patent Examination (Second Draft for Comments) (Published 31 Oct 2022), https://www.cnipa.gov.cn/art/2022/10/31/art_75_180016.html

About the Authors

Audrey Cheung is a Patent Technology Specialist at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.

Yolanda Wang is a Principal, Chinese Patent Attorney, and Chinese Patent Litigator at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.

Jennifer Che, J.D. is Vice President, Principal, and a US Patent Attorney at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.

Other Articles

New Policies to Promote Importation of Innovative Drugs

8 November 2018
At the April 12, 2018 executive meeting of the State Council in China, Premier Mr. Li Keqiang indicated the government’s desire to increase China’s access to innovative drugs. To achieve this, the government would encourage importation of innovative drugs into China by streamlining the regulatory pathway, enhancing IP protection, and lowering the cost of medicine. […]

How a Secondhand Ground Brush Wiped Away a Chinese Patent

4 December 2024
A Chinese robot vacuum company digs up “hidden evidence” to successfully invalidate a patent owned by its biggest competitor.  Highlights Background  With the growth of online shopping, it is easier than ever to provide evidence of a sale when the product is still being sold on the market. But what if the product is no […]

Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved

10 November 2023
On November 3rd, 2023, the Premier of the State Council, Li Qiang, chaired a regular meeting where the "Implementation Regulations of the Patent Law of the People's Republic of China (Revised Draft)" was reviewed and approved. This is great news, as we have been waiting quite some time for these Regulations (Rules) to be approved (see […]

Foreign companies transferring IP out of China: things to know

25 October 2018
Inventions made in China Most foreign companies with R&D sites in China are aware of the fact that inventors having inventions made in China have to obtain permission before they can file patent applications outside of China for these Chinese inventions. It doesn’t matter if the owner of the business is a foreign entity. Patent […]

Our Past Events

Top crossarrow-right