ChinaPatent LinkagePatent Term ExtensionUpdates and Changes
4 August 2021

CHINA: New Patent Examination Guidelines Now Available for Public Comment

Two months after the new Chinese Patent law came into effect, the CNIPA has released a new set of Patent Examination Guidelines (proposed version) for public comments on Aug 3, 2021.

Here are the explanation of the amendments (Chinese only). Here is the full set of proposed amendments (Chinese only).

Briefly, the new amendment focuses on the following points:

  1. Updated Design Application System, involving requirements for partial designs and GUI applications, obviousness standard for designs, domestic priority, and other procedural requirements;
  2. Newly added provisions about the Patent Cooperation Treaty, including incorporation, priority restoration, addition, correction, etc.;
  3. Newly added provisions about Patent Term Extension and Patent Term Adjustment’;
  4. Newly added provisions about Open Licensing and the procedures thereof;
  5. Newly added provisions about Patent Linkage;
  6. Newly added provisions about Grace Period for novelty under emergencies;
  7. Provide special requirements to improve the quality and efficiency of Examination, such as how to examine obviousness for utility model applications, and how to examine computer program patent applications. Provide more ways to initiating Ex-officio review in re-examination and invalidation cases.
  8. Simplified Procedures for several types of requests; and
  9. Change of Patent Office Structure.

We will study these in detail and will focus more closely on points 1-5 in subsequent articles.

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.

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.

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 […]

China Top 50 Case of 2019: How a Functional Feature is Construed Greatly Impacts Protection Scope - Shimano KK v. SENSAH

20 July 2020
Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]

China Top 10 Cases of 2020 – CNIPA Upholds Second Medical Use Patent from University of Bordeaux

24 May 2021
The development of China’s approach to patents, especially those in the pharmaceutical and biotech space, has been fascinating to watch. Those of us who have practiced in the area for a long time have been frustrated by the Chinese patent office’s overly strict rules regarding patentability (e.g., high data support standard and refusal to consider […]

Breaking: China Released New Implementation Measures for the New Patent Linkage System

14 July 2021
On July 4, 2021, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) released details on the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage”), effective July 4, 2021. Below is a summary highlighting key provisions and changes from the draft measures. Creation of an […]

Our Past Events

Top crossarrow-right