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

Hong Kong Launches New Original Grant Patent System

2019年12月17日
Hong Kong will be launching a new patent system on December 19, 2019 that includes key changes, most notably the introduction of an original grant patent system. This new patent system includes both the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019. Currently, there are two types of patent applications available in […]

China Releases Draft Implementation Guidelines for the Drug Administration Law

2022年6月2日
The latest draft implementation guidelines for China’s Drug Administration Law (“Guidelines”) are out and open for comment. Previously, the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage Measures”) came into effect on July 4, 2021. The Guidelines indicate that the final approval of generic chemical drug applications for marketing approval […]

Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data

2025年4月1日
“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? […]

How to Protect a Crystal Form (Polymorph) Patent in China

2025年6月4日
Crystalline forms are critical to pharmaceutical patents, offering extended protection for improved stability, bioavailability, or manufacturability. However, securing such patents in China has grown increasingly difficult due to the China National Intellectual Property Administration (CNIPA)’s strict patentability criteria. Unlike the U.S. or Europe, where structural novelty or problem-solving utility may suffice, China demands quantifiable evidence of […]

我們過去活動

Top crossarrow-right