Thursday, January 18 2024   \  Published by Schwegman Lundberg & Woessner..

China’s National Intellectual Property Administration Releases Amended Patent Examination Guidelines – Introduces Inventiveness Examination of Utility Models

China’s National Intellectual Property Administration Releases Amended Patent Examination Guidelines – Introduces Inventiveness Examination of Utility Models

On December 21, 2023, China’s National Intellectual Property Administration (CNIPA) released the Patent Examination Guidelines (专利审查指南) in conjunction with the Implementing Regulations of the Patent Law and effective January 20, 2024. The Guidelines are similar to the U.S. Patents & Trademark Office’s Manual of Patent Examining Procedure (MPEP) by providing guidance on the procedure and examination of Chinese patent applications. Based on a first reading, one of the major changes outlined in the Guidelines is an introduction of a preliminary inventiveness examination of utility models, which were previously not subject to any substantive examination. Note that this may be just making official what has already been in practice as indicated by the 25% decline in utility model grants so far this year. Read more

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