1. Background of the Amendment
On November 10, 2025, the China National Intellectual Property Administration (CNIPA) released the Decision on Amending the Guidelines for Patent Examination. The document will come into force on January 1, 2026. One of the major revisions is to add a new section 7 titled "Regulations on the Examination of Invention Patent Applications Including Bitstream" to Chapter 9 in Part II. The revision systematically establishes a new patent protection framework tailored to the digital economy, breaks through the physical boundaries of traditional storage medium protection, and extends patent protection to the entire lifecycle of streaming technology.
2. Main Content of Section 7
The newly added Section 7 of Chapter 9 in Part II, "Regulations on the Examination of Invention Patent Applications Including Bitstream," primarily includes the following content:
2.1 Patentable and Unpatentable Subject Matter
Exclusion of Pure Bitstreams
Under Section 7.1.1, a claim directed only to a pure bitstream falls within the rules and methods for mental activities excluded by Article 25(1)(2) of the Patent Law. An example is: “A bitstream comprising syntax element A, syntax element B, …”. The same exclusion applies where all claim content apart from the subject-matter title concerns only a pure bitstream, for example: “A method for generating a bitstream, wherein the bitstream comprises syntax element A, syntax element B, …”.
Patentable Subject Matter
In accordance with Section 7.1.2, in the field of digital video encoding/decoding, video data is usually encoded using a video encoding method to generate a bitstream and a bitstream is decoded using a video decoding method to generate video data. If a specific video encoding method for generating a bitstream is a technical solution under Article 2.2, the method of storing or transmitting the bitstream as defined by the specific video encoding method, as well as the computer-readable storage medium storing the bitstream, can realize optimized configuration of storage or transmission resources. Therefore, the storing or transmitting method as well as the computer-readable storage medium as defined by the specific video encoding method are technical solutions under Article 2.2 and are the subject matter of patent protection.
Here, the specific video encoding method for generating the bitstream must itself be a technical solution (solving a technical problem by utilizing natural laws). The methods (of storing/transmitting the bitstream) and the computer-readable storage medium defined by this method are thus patentable subject matter. It is important to note that the storage/transmission method or medium must be explicitly bound to that specific, technical encoding method through citation or inclusion.
2.2 Drafting the Description
Section 7.2.1 requires the description to disclose the specific video encoding method that generates the bitstream clearly and completely enough for a person skilled in the art to carry out the invention. If the claims concern storage or transmission of the bitstream, or a computer-readable storage medium storing it, the description must also provide corresponding support for those claims.
2.3 Drafting the Claims
Under Section 7.2.2, claims may be directed to a storage method, a transmission method or a computer-readable storage medium involving a bitstream generated by a specific video encoding method. These claims should generally refer to the claim defining that encoding method or include all of its features. The Guidelines provide the following drafting examples.
1. A video encoding method comprising: a frame-dividing step, …; …; and an entropy-encoding step, ….
2. A video encoding apparatus comprising: a frame-division unit, …; …; and an entropy-encoding unit, ….
3. A video decoding method comprising: an entropy-decoding step, …; …; and a frame-outputting step, ….
4. A video decoding apparatus comprising: an entropy-decoding unit, …; …; and a frame-outputting unit, ….
5. A method for storing a bitstream, comprising performing the video encoding method of claim 1 to generate a bitstream, and storing the bitstream.
6. A method for transmitting a bitstream, comprising performing the video encoding method of claim 1 to generate a bitstream, and transmitting the bitstream.
7. A computer-readable storage medium storing a computer program or instructions and a bitstream, wherein the program or instructions are executable by a processor to implement the video encoding method of claim 1 to generate the bitstream.
3. Practical Drafting Suggestions
3.1 Claims
It is increasingly crucial to arrange claims with a systematic layout. It is recommended to adopt a "tree structure" with "core method claims + derivative claims referring to the previous core method claims." For example, video encoding and decoding method claims may be independently drafted first, then storing method, transmitting method, and computer-readable storage medium claims may be arranged by referring to the previous encoding method. This structure aligns with the example in Section 7.2.2 and ensures flexibility in claim amendments and clarity in infringement determination.
It is worth noting that while the computer program product is not explicitly mentioned in the example of Section 7.2.2, considering examination practice, it is recommended to draft a program product claim to achieve more comprehensive protection coverage.
3.2 Description
In accordance with Section 7.2.1, the description shall sufficiently disclose the specific video encoding method for generating the bitstream. If the claimed subject matter involves a method for storing or transmitting the bitstream or a computer-readable storage medium storing the bitstream, the description shall also provide corresponding support for the claims.
Sufficient disclosure requires a full explanation of the algorithm and the core technical solution for generating the bitstream. It should also show how the encoding or decoding method uses technical means to solve a technical problem, such as improving coding efficiency, reducing complexity or reducing signaling overhead. This is a prerequisite for satisfying the technical-solution requirement in Section 7.1.2.
For derivative claims such as storage medium, it is necessary to establish a logical connection with the technical solution in the description. For example, the description may include the following: "Embodiments of the present invention also relate to a computer-readable storage medium (e.g., a non-transitory storage medium), which may store computer-executable instructions that, when executed by a processor, cause the processor to perform all or part of the steps of the aforementioned video encoding method or video decoding method. Additionally, the medium may also store a bitstream generated according to the aforementioned specific video encoding method."
4. Conclusion
The amended Guidelines for Patent Examination provide a legal framework to safeguard innovations in the digital technology industry. Applicants are urged to leverage the opportunity to realign their patent application strategies in compliance with the new rules, thereby strengthening intellectual property defenses.
