中國Examination GuideInventionsPatent LawProposed ChangesUpdates and Changes
2022年11月17日

China Announcing More Proposed Amendments to the Examination Guidelines in 2022

by
張佩雯女士
王怡瑾女士
車李曉芸女士

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 ↩︎

    其他文章

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

    2023年1月4日
    Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until […]

    China’s Newest Examination Guidelines: Post-Filing Supplemental Data for Compounds (Part I)

    2021年4月28日
    Post-filing data in China has been a constant issue for many patent practitioners around the world. Examiners seem to require it often, and yet the rules regarding when it is acceptable have seemed much stricter than other jurisdictions worldwide. In fact, we tried to summarize the latest state of the law in an earlier blog […]

    Everything you need to know about Patent Term Adjustment (PTA) in China

    2024年5月7日
    We previously discussed patent term compensation for patent office delay (‘Patent Term Adjustment’ or ‘PTA’) when such new system was introduced in the Fourth Amendment of the Chinese Patent Law (2020), as well as in the different versions of the Draft Examination Guidelines released in 2021 and 2022. In this article, we consolidate everything you need to […]

    China Releases Draft Examination Guidelines for the new Patent Law

    2020年12月4日
    The Chinese Patent Office (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but not limited […]

    我們過去活動

    Top crossarrow-right