The State Intellectual Property Office (SIPO) has issued the Measures for the Administration of Prioritised Examination of Invention Patent Applications. The Measures provide an expedited examination route for important applications with significant economic and social implications, including those concerning strategic emerging industries and green technologies. They are intended to promote the practical application of scientific and technological achievements and the development of these industries and technologies.
At the applicant’s request, SIPO may prioritise an invention application that meets the conditions. It must issue the first office action within 30 working days after approving the request and conclude examination within one year. The Measures take effect on August 1, 2012.
The following invention patent applications may qualify:
(1) Important applications in energy conservation and environmental protection, next-generation information technology, biotechnology, advanced equipment manufacturing, new energy, new materials, new-energy vehicles and other relevant technical fields.
(2) Important applications concerning low-carbon technologies, resource conservation or other technologies that contribute to green development.
(3) Applications first filed in China and subsequently filed in another country or region for the same subject matter.
(4) Other applications of major significance to national or public interests that require prioritised examination.
Examination under the Patent Prosecution Highway (PPH) or bilateral or multilateral agreements between SIPO and other national or regional patent examination authorities is governed by the relevant arrangements, rather than these Measures.
An application for which prioritised examination is requested must be filed electronically, and substantive examination must have been requested. The applicant must submit a Request for Prioritised Examination of an Invention Patent Application and the other required materials.
The applicant must respond to an office action within two months. If the response is delayed, SIPO will end prioritised examination and process the application in the ordinary manner.