Wednesday, August 9 2023   \  Published by Spruson & Ferguson.

Case Study a Successful Example of Post Filing Data to Address The Support Issue Under China Patent Practice

Case Study a Successful Example of Post Filing Data to Address The Support Issue Under China Patent Practice

China previously applied stricter criteria for post-filing supplementary data during the examination of patent application, compared to other major patent systems. However, with the recent signing of an Economic and Trade agreement between the United States Government and the PR China, the China National Intellectual Property Administration (CNIPA) has made several rounds of revisions to the Guidelines for Patent Examination. As a result, the current post-filing data examination criteria is now more consistent with the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), marking a significant step forward in harmonising global patent practices.

However, this progress is linked to post-filing data that is intended to address inventive step and sufficient disclosure (such as enablement). When it comes to support issue, no specific provision is provided under China local practice. A widely accepted view is that it is challenging to tackle non-support issues using post-filing data. Regardless, it’s recommended that an attempt should be made for the applicant if necessary, despite all the challenges. Here we outline a recent successful example. Read more

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