Submitting third-party observations on a Chinese patent application

Answer:

Yes. China has a third-party observations system. Rule 48 of the Implementing Regulations of the Patent Law provides that, from publication of an invention patent application until announcement of the grant, any person may submit observations to the Chinese Patent Office, with reasons, that the application does not comply with the Patent Law.

Part II, Chapter 8 of the 2010 Guidelines for Patent Examination also provides that observations submitted to the Patent Office concerning an invention application that does not comply with the Patent Law must be placed in the application file for consideration by the examiner during substantive examination.

The examiner need not consider observations received after the Notification to Grant Patent Right has been issued. The Patent Office is not required to notify the person who submitted the observations of how they have been handled.