中國Patent LinkagePatent Term ExtensionUpdates and Changes
2021年8月4日

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.

其他文章

RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges

2025年3月10日
An Update on Sufficiency and Inventiveness of RNAi Patents in China RNAi is a fast-developing technology that has gained traction in the pharmaceutical industry as a promising therapeutic agent. It is important to follow closely RNAi patent proceedings to learn how different examination boards and courts understand and handle these new technologies. The first-ever invalidation […]

IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 3: The 15-Day Mailing Period is Mostly Going Away

2024年2月28日
A Closer Look at the New Presumed Receipt Date Calculation Background China has finally released the long-awaited Patent Law Implementation Regulations (“Regulations”) and associated "Patent Examination Guidelines" (“Guidelines”, similar to the United States' MPEP) which provide further clarity and details of the new Chinese patent law. Today’s article will focus on changes that impact how […]

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

2021年5月24日
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 […]

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

2023年11月10日
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 […]

我們過去活動

Top crossarrow-right