ChinaExamination GuideInventionsPatent LawProposed ChangesUpdates and Changes
17 November 2022

China Announcing More Proposed Amendments to the Examination Guidelines in 2022

by
Ms. Audrey Cheung
Ms. Yolanda Wang
Ms. Jennifer Che

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 published1, 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 ↩︎

    Other Articles

    IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 1: Delayed Examination

    25 January 2024
    December 2023 appears to have been an exceptionally busy and fruitful month in the China patent space. Following the State Council’s approval of the long-awaited Patent Law Implementation Regulations (“Regulations”, similar to the CFR in the US) in November, the CNIPA finally made public the full text of the Regulations just before the arrival of […]

    Amendments to the China Patent Examination Guidelines in 2022 - Part 1: New rules for designs in view of China signing onto the Hague Agreement

    2 December 2022
    This year, China stepped further onto the international scene by signing on as a member of the Hague Agreement. The Hague Agreement is an international registration system allowing applicants to file a single international design application in a single language to obtain protection in over 100 designated member countries. The US has been a member […]
    Tapentadol.svg

    Polymorph Patents in China: What is the Standard for Inventiveness for New Crystal Forms?

    14 July 2020
    This case is focused on polymorphs, namely what are the standards for novelty and inventiveness when it comes to new crystal forms of a known drug? A recent Supreme People’s Court decision in China is illustrative of the way Chinese courts are thinking about polymorph patents in China. Grünenthal is a German pharmaceutical company and […]

    Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:

    28 October 2020
    Learning from a 2019 China’s Top 50 Representative IP Case The number of patent applications in China is now the highest in the world, with more than half the applications filed as utility model applications (UMs). For example, there were more than 2 million UMs filed in 2018 alone (for the difference between a utility […]

    Our Past Events

    Top crossarrow-right