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

    Patent Eligibility for Software in China

    2022年4月4日
    Technology has progressed significantly since the early days of patent law, when US lawmakers in 1952 could only envision patentable subject matter into categories like “process, machine, manufacture, or composition of matter.” The recent explosion of new types of innovations that don’t fall neatly into these categories has resulted in a game of catch-up, where […]

    Breaking News: China passes Fourth Amendment to the Chinese Patent Law

    2020年10月19日
    After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of […]

    Stay Ahead: Getting a Chinese Patent in Three Months?

    2024年4月23日
    The China National Intellectual Property Administration (CNIPA) has announced a significant development in the realm of patent prosecution: the initiation of the "PPH Improvement Initiative" in collaboration with key patent offices from the United States, Europe, Japan, and South Korea. This initiative aims to elevate the user experience of the Patent Prosecution Highway (PPH) by […]

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

    2024年1月25日
    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 […]

    我們過去活動

    Top crossarrow-right