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…
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- China, China Patent Office, CNIPA, Examination Guide, Inventions, Patent Law, Patent Term Adjustment, PTA, Updates and Changes
CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
At the end of October 2022, the China National Intellectual Property Administration (CNIPA) released a new draft amendment of the Patent Examination Guidelines[1] (hereinafter referred to as the “New Draft”) to the new Chinese Patent Law that came into effect in 2021. We highlight two key amendments below. 1. The starting date for calculating PTA (the “date of requesting for substantive examination”) has been amended from the date when the CNIPA issues a “Notice of Entering the Examination Stage” after receiving the substantive examination request to the date on which the substantive examination request is filed AND the examination fee is paid in full in accordance with Rule 113 of…
