Recently, the CNIPA published the "Draft Amendments to Certain Provisions Regarding the Regulation of Patent Applications (Draft for Soliciting Comments)" (the "Draft") for public comments until 6 June 2021.
The Draft supplements and improves the definition of abnormal patent applications and further clarifies the types of abnormal patent applications, including:
- Simultaneously or successively submitting multiple patent applications that are obviously the same in terms of inventive content, or are essentially formed by a simple combination of different inventive features or elements;
- The submitted patent application contains fabricated, forged or altered invention-creations, experimental data or technical effects, or plagiarising, simply replacing or patching up existing technology or designs;
- The content of the invention-creation submitted is randomly generated mainly through computer programs or other technologies;
- The content of the invention-creation is intentionally formed to evade patentability examination, which obviously does not conform to technical improvements or practical design, has no actual protection value, and is inferior, piled up, or unnecessary;
- The invention-creation of the submitted patent application is obviously inconsistent with the actual research and development capabilities and resource conditions of the applicant and inventor;
- Multiple patent applications which are substantially related to or controlled by a specific applicant are submitted in a scattered, sequential way or filed in different places in order to evade the regulatory measures against irregular patent applications;
- Transferring the patent right or right to apply for a patent for an improper purpose, or falsely altering the inventor or designer of the patent;
- Patent agencies, patent agents, or other institutions or individuals acting as agents, inducing, instigating, helping others or conspiring with them to implement various types of abnormal patent applications;
- Other abnormal patent application acts and related acts that violate the principle of good faith and disturb the normal order of patent work.