As AI models become versatile and adaptable across multiple contexts and industries, questions about inventive step sit at the heart of patent examination in China. The 2023 Patent Examination Guidelines (hereinafter referred to as ‘the Guidelines’) included several sessions dedicated to explaining how inventive step should be examined for AI-related inventions, featuring examples related to AI algorithms, big data, and user experience1. In the re-examination of Beijing ByteDance Network Technology Co. Ltd.’s application entitled “Method and apparatus for processing an image” (Application No. 201810734681.2)2, which was recognized as one of the Top 10 Re-examination Cases of 2025 by the CNIPA, the CNIPA focused on the following issue: when an existing…
- AI, China, China Patent Office, CNIPA, Inventions, Inventiveness, Patent, Patent Re-examination and Invalidation Department, Patent Re-examination Board, Top 10 IP Case
- China, China Patent Office, CNIPA, Design, Inventiveness, Patent Re-examination and Invalidation Department
Obviousness: can features from different categories of products be combined to invalidate a design patent?
Introduction “I have a tank, I have a gun—boom! Tank gun?” Each year the CNIPA releases a list of Top Ten Patent Re-examination and Invalidation Cases. These cases are meant to be guiding cases, showcasing exemplary real-world decisions that clarify certain aspects of the law. Over the next several months we will be highlighting many of these cases. Today’s article relates to design patents and the standard of what is “distinctly different”. Particularly, this case asks whether two prior art design elements can be combined to invalidate the novelty of a design if the two prior art features come from different categories of products. The Chinese patent law states: “A…
- Biotech, China, China Patent Office, CNIPA, Inventions, national phase entry application, Patent, Patent Re-examination and Invalidation Department, PCT, PRD, Priority
Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
The high-profile disputes surrounding an important CRISPR patent belonging to The Broad Institute, MIT and Harvard (hereinafter “the proprietors”) has attracted a lot of attention in recent years, particularly regarding the validity of priority rights that were challenged worldwide. In Europe, the patent was famously revoked by the European Patent Office (hereinafter “EPO”) due to an invalid priority claim1, though recent decisions by EPO suggest a dramatic shift in EPO’s approach that may lead to a different outcome2. Today, we will discuss the decision of the Chinese National Intellectual Property Administration (hereinafter “CNIPA”) in determining whether the proprietors’ priority claims in their CRISPR patent in China were valid, given discrepancies…





