It’s been a year and a half since the new Chinese Patent Law came into effect (1 June 2021). Although various versions of draft Examination Guidelines have been released, thus far no official finalized versions have been confirmed. On October 31, 2022, yet another new list of proposed amendments was published, this time consolidating the previous sets of proposed changes from 2020 to 2021 to the Examination Guidelines. As this version looks closer to a finalized version, we are cautiously optimistic that an official set of guidelines may soon be released. As such, we think it’s worth looking a bit more closely into this current draft version.
Below are a few of the new proposed changes that are worth our attention:
- New rules for designs in view of China signing onto the Hague agreement
- New rules and new examination standards for utility models
- New rules for re-examination/invalidation proceedings
- Eligibility requirements for patent term compensation, for regular patents (“PTA”) and drug patents (“PTE”)
- Further requirements for genetic resources obtained in China
- Detailed procedures regarding open licensing
Other important changes include:
- New exception to the patentability of diagnostics
- Sequence listings adopting ST.26 standards
- Electronic receipt dates and associated deadlines (e.g., no more 15-day mailing period!)
Stay tuned for our upcoming articles for detailed discussions about these changes! If you have questions or concerns regarding any specific sections of the proposed Examination Guidelines or the new Chinese Patent Law, please feel free to reach out to us, and we will be happy to provide a personalized consultation.
This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.
- Notice on Revised Guidelines for Patent Examination (Second Draft for Comments) (Published 31 Oct 2022), https://www.cnipa.gov.cn/art/2022/10/31/art_75_180016.html ↑
About the Authors
Audrey Cheung is a Patent Technology Specialist at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.
Yolanda Wang is a Principal, Chinese Patent Attorney, and Chinese Patent Litigator at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.
Jennifer Che, J.D. is Vice President, Principal, and a US Patent Attorney at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau.