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 know based on the latest updates regarding PTA in the Implementation Regulations and Examination Guidelines, which were just released in late 2023. Patent Term Adjustment (PTA) Article 42.2 of the Patent Law states that “[w]here a patent right for an invention is granted after the expiration of four years from the filing date and after…
-
-
Stay Ahead: Getting a Chinese Patent in Three Months?
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 setting ambitious targets for the average cycle time of the first office action and the average cycle time for replying to applicants’ responses, both now set at three months starting from 2024. Here’s a concise summary of the specific changes: Timeline Before After Average Cycle Time for First Notice Within Four Months Within Three Months…
-
Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim
Three major ‘remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the “Implementation Regulations”). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows an applicant to rectify missing documents or parts of the document two months from the filing date. In this article we will be focusing on the other two new systems—the restoration of the right of priority and the addition or correction of a priority claim, namely new Rules 36, 37 and 128. Prior to the…
