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

Do Promotional Marketing Materials Constitute an “Offer for Sale” under Chinese Patent Law? Bayer IP GmbH v. Nanjing Hang Seng Pharmaceutical

12 December 2023
Bayer's blockbuster drug Rivaroxaban has seen its share of patent litigations in China, several of which are big enough to be listed as Top 10 IP cases or 50 Representative IP cases. We summarized an invalidation case back in 2020 where all of Bayer’s claims directed towards the compound were upheld. Recently, another Rivaroxaban case […]

CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law

22 October 2021
Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its […]

Beijing IP Court Reverses CNIPA Decision and Upholds Ozempic® semaglutide patent in China as VALID based on Novo Nordisk’s Post Filing Data

27 June 2024
Recently, all eyes have been on China as the fundamental patent covering semaglutide, the active ingredient in Ozempic® and Wegovy®, will expire on March 20, 2026. It goes without saying that generics are ramping up bigtime in China (and also around the world), preparing to manufacture and sell this blockbuster drug to one of the […]

Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent

4 February 2025
The high-profile disputes surrounding an important CRISPR patent belonging to The Broad Institute, MIT and Harvard (hereinafter “the proprietors”) has attracted a lot of attention in recent years, particularly regarding the validity of priority rights that were challenged worldwide. In Europe, the patent was famously revoked by the European Patent Office (hereinafter “EPO”) due to […]

Our Past Events

Top crossarrow-right