Laws and Regulations
CNIPA Released Revised Patent Examination Guidelines (Draft for Comment)
Issue Date: 2021-08-03
Effective Date: 2021-08-03
The amended PRC Patent Law came into force on 1 June 2021 and its implementation rules are currently under revision. In order to ensure the effective implementation of the Patent Law and its implementing regulations, the CNIPA has made revisions to certain provision of the Patent Examimatino Guidelines which have been released in draft for comment:
Main contents of the revision include:
- Regulations for the improvement of the design system, including application requirements and examination standards for partial designs and GUI products, examination of obvious differences in designs, priority for domestice design patent applications, submission and examination.
- Procedural provisions related to the Patent Cooperation Treaty, which include invocation and accession, priority restoration, additions, corrections, etc.
- Provisions related to patent term extensions for pharmaceutical patents.
- Provisions related to open patent licensing, which involve the filing and withdrawal of open licensing declarations, registration and announcement of open licensing, entry into force and filing of open licensing implementation contracts, and handling of fee reduction procedures.
- Provisions related to the examination of invalidation actions in the early resolution of pharmaceutical patent disputes, including the submission of requests and supporting documents, order, basis, status of examinations and notification of closure of cases.
- Provisions for responding to emergencies such as epidemics, involving a grace period for novelty and extension of time limits.
- Provisions to improve the quality and efficiency of examination, including the examination of inventive step and non-obviousness of utility models, the examination of invention patent applications for computer programs, ex officio examinations in reexamination and invalidation procedures, provisions on parties in ownership disputes to participate in invalidation procedures, and further improvements to late examination procedures.
- Simplification of "management and service" related provisions, which include matters related to the evaluation of patent rights, submission of color drawings, submission of abstracts with drawings, divisional application procedures, submission requirements of sequential listings.
- Institutional reform-related provisions, involving adaptive modifications to statements made by the Patent Review Board.