56 articles
Arguments Concerning Technical Motivation in Responses to Inventiveness Objections
In the process of responding to office actions, arguing inventiveness is often a difficult point in convincing examiners, especially with regard to “common gene…
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Revisions to the Examination Rules for "Double Filing on the Same Day" under the Latest Examination Guidelines
"Double filing on the same day" refers to the specific legal act whereby the same applicant files both an invention patent application and a utility model paten…
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Time Limits for Changing Inventors
What are the time limits for changing inventors in a Chinese patent application? Will a request filed after the prescribed deadline necessarily be refused?
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Addressing Lack-of-Support Objections in Biochemical Patent Applications: Antibody Sequence Limitations
In the practice of patent validity determination in the biochemical field, Article 26, Paragraph 4 of the Chinese Patent Law (Claims shall be supported by the specificati…
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The Core Impact of Determining the Technical Problem on the Assessment of Inventiveness
When assessing whether an invention is eligible for patent protection, inventiveness constitutes one of the core criteria of assessment, as it directly relates to the rec…
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Inventor Identity Information in Patent Applications
What inventor identity information must be provided in a patent application request form under the revised Chinese Patent Examination Guidelines?
Read article ↗Protection and Practical Strategies for Bitstream Inventions under the Amended Patent Examination Guidelines
On November 10, 2025, the China National Intellectual Property Administration (CNIPA) released the Decision on Amending the Guidelines for Patent Examination. The documen…
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Summary of Key Revisions to the Guidelines for Patent Examination
On November 10, 2025, the CNIPA issued the Decision of the China National Intellectual Property Administration on Amending the Patent Examination Guidelines. The amended …
Read article ↗Refunds of Duplicate or Excess Patent Fees
In China, if the annual fee for a patent has been paid more than once, is it possible to apply for a refund?
Read article ↗The amendments to the Implementing Regulations of the Patent Law and the Patent Examination Guidelines regarding procedural aspects
The revisions to the Implementing Regulations of the Patent Law of China (2023) and the Patent Examination Guidelines (2023) officially came into effect on Janu…
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Foreign Evidence of Prior Public Use in Invalidation Proceedings
I would like to file an invalidation request against a certain patent, relying on evidence of prior public use to argue that the patent lacks novelty. However, the evidence of prior public use is not from China, but from the United States and Europe. Would such evidence obtained outside China be disqualified or disregarded by the Chinese examiner?
Read article ↗A Brief Discussion on the Contribution of Performance Parameter Limitation to Product Claims
The article considers when a performance parameter makes a substantial contribution to a product claim, using polymer and resin-particle examples.
Read article ↗Patent Term Extension for Pharmaceutical Patents in China
The term of invention patents is twenty years, counted from the date of application. The newly revised Patent Law, specifically in the second and third paragrap…
Read article ↗Requesting Deferred Patent Examination
I would like to request a deferred examination for a Chinese invention application, hoping to postpone the examination as much as possible. Is there a way to do so? If yes, what is the maximum duration for which the examination can be deferred?
Read article ↗Issues regarding Hong Kong standard patent application and its registration procedure
Hong Kong standard patent is a patent application that is extended and registered in Hong Kong based on a patent application filed in one of Chinese National In…
Assignment Documents at PCT National Phase Entry
A PCT application is going to enter the Chinese national phase, and the applicants were two Japanese companies A and B when filing the PCT application. However,…
Read article ↗Experimental Data in Chinese Patent Application Documents
Due to the special nature of technology, the patent application for invention in the field of Chemistry often requires experimental data to demonstrate the bene…
Read article ↗Obtaining Documents from Chinese Patent Files
Can a third party access the “statement of opinion” for a Chinese application through the Chinese Patent Examination Information Inquiry System (https://cpquery.cponline.cnipa.gov.cn/)?
Read article ↗Key Changes to the Assessment of Inventiveness in China
The recently updated Patent Examination Guidelines in 2023 took effect on January 20, 2024. This article aims to outline the key revisions concerning inventiven…
Read article ↗Patent Term Adjustment for Invention Patents in China
In China, the duration of invention patent right is twenty years, counted from the filing date. The second paragraph of Article 42 of the newly revised Patent L…
Read article ↗Examination of Partial Design Applications in China
In the Examination Guidelines revision of December, 2023, the examination of partial design applications has been introduced. Based on this revision, the differ…
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Changes to Reexamination and Invalidation Procedures in China
The China Patent Examination Guidelines has recently undergone the latest revision and was officially implemented on January 20, 2024. This paper will briefly i…
Read article ↗Service of Trademark Non-Use Notices on Foreign Registrants
In non-use cancellation cases where the registrant of the mark is a foreign entity, to whom will the China Trademark Office send “the Notice of Providing Evidence of Use”?
Read article ↗Can particle substances be protected in a Chinese utility model?
Can a utility model application be granted for a technical solution that includes particle substance in the utility model claims? This question actually concern…
Read article ↗Combining Patent Term Adjustment and Extension
If a patent qualifies for both patent term adjustment (PTA) and pharmaceutical patent term extension (PTE) under Article 42 of the Chinese Patent Law, must the patentee choose one, or can both periods be added together?
Read article ↗Supplementary Experimental Data for Chemical Patent Applications in China
As we all know, in the patent application documents for inventions or utility models, it is necessary to clearly indicate the technical problems to be solved, t…
Read article ↗Applicant and Inventor Information Required for Patent Applications in China
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Amending a Patent Application When Requesting Reexamination in China
In accordance with the relevant provisions of the Chinese Patent Law, the amendments to the application document made by the petitioner submitting a request for…
Read article ↗Is it necessary to request a foreign filing license before submitting a DAS deposit request?
Digital Access Service for priority documents (Abbr. as DAS hereinafter) is an electronic service established and managed by the International Bureau of the Wor…
The Bolar Exception in a Rivaroxaban Patent Infringement Case
This case is one of the 20 typical cases selected by the Intellectual Property Tribunal of the Supreme People's Court from the 3468 technical intellectual property and mo…
Read article ↗FAQs on Procedures for Changing Bibliographic Data of PCT International Applications entering the Chinese National Phase
Patent Cooperation Treaty, abbreviated as PCT, which makes a single patent application filed in only one language at an international receiving office regarded …
Deadlines Falling on Holidays or Adjusted Working Days
If the expiration date of a time limit is a statutory holiday or a weekend that is adjusted to be a working day, how should the expiration date be determined?
Read article ↗Patent Prosecution Highway Examination Times
How Fast is the Patent Prosecution Highway in China?
Read article ↗Overview of the Measures for the Registration of the Pledged Patent Rights in China
The means of debt guarantee stipulated by the Civil Code of the People's Republic of China include guarantee, mortgage, pledge, lien and deposits.
Read article ↗Remedies When Patent Rights Restoration Is Refused
If the CNIPA refuses a request for restoration of patent rights and the party disagrees with that decision, what remedies are available?
Read article ↗Arguing Inventiveness Without Amending Claims in China
The inventiveness of the invention is well known, which means that as compared with the prior art, the invention has prominent substantive features and represen…
Read article ↗Disclaimer Amendments in Chinese Patent Applications
A "disclaimer amendment," as the name implies, is an amendment that excludes a certain technical feature from a claim and that usually uses a negative technical…
Read article ↗Activities of Foreign Patent Agency Representative Offices
Are resident representative offices of foreign patent agencies in China allowed to engage in Chinese patent affairs such as acting for patent applications or invalidating patent rights?
Read article ↗Patent Term Compensation and Early Resolution of Pharmaceutical Patent Disputes
In order to encourage the research and development of new drugs, in the Chinese Patent Law, implemented from June 1, 2021, a patent term compensation mechanism …
Read article ↗Patent Term Adjustment for Examination Delays
In order to make up for the loss of the patent term caused by the unreasonable delay in the substantive examination of the invention patent, can we request compensation for the patent term?
Read article ↗Common Problems in Preliminary Examination of Utility Model Applications in China
1. What are involved in the preliminary examination?
Read article ↗Claiming Priority from a US Provisional Application
I want to know if a US provisional application could be used as a priority for a Chinese patent application?
Read article ↗Time Limits for Further Divisional Applications
An examiner has identified a lack of unity in a divisional application. When must the applicant file a further divisional application in response to the examiner’s opinion?
Read article ↗A Closer Look at Recording Contracts of Patent Licensing in China
Under Article 12 of the Chinese Patent Law “any entity or individual exploiting the patent of another shall conclude with the patentee a license contract for ex…
Read article ↗Patent Annuity Periods and Payment Queries
How are patent years calculated for annual fee payments in China? Can payment information be checked on the CNIPA website?
Read article ↗Key Changes to Design Patent Applications in China
1. Modification of the requirements for design application filing documents Regarding the improper generic and abstract name of product for design, it is clearl…
Read article ↗Amendments to substantive examination of the Guidelines for Patent Examination
The amendments to the contents about substantive examination of invention patent application of the Guidelines for Patent Examination focus on the following thr…
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Scope of Provisional Patent Protection
If the protection scope claimed by the applicant at the time of publication of the invention patent application is inconsistent with the protection scope of the…
Read article ↗The Original Grant Patent System for Standard Patents in Hong Kong's New Patent System
Hong Kong's new patent system came into effect on December 19, 2019. Prior to this, patents in Hong Kong were divided into two categories: standard patents and …
Read article ↗Foreign Nationals and China’s Patent Attorney Examination
Are foreigners allowed to take the Chinese patent bar exam?
Read article ↗Amendments to the Patent Examination Guidelines for Inventions Involving Embryonic Stem Cells
1. Background of the Amendments According to some relevant explanations of the China National Intellectual Property Administration (CNIPA) and our understanding…
Read article ↗Obtaining Paper Patent Certificates
I heard China Patent Office would cease issuing Paper Patent Certificates. If we want the Paper Patent Certificates, how to get it?
Read article ↗Protecting Trade Secrets: A Cross-Border Case
Our client, a European Company A, is facing a problem. An employee B prior to resigning from Company A and in breach of his employment contract, takes confidential inform…
Read article ↗Paying Several Years of Chinese Patent Annuities
Must Chinese patent annuities be paid one year at a time, or can several years—for example, five—be paid together?
Read article ↗Service Inventions in China: Rewards and Remuneration
Under Article 6 of the Patent Law of the People’s Republic of China, an invention-creation made in the course of performing an entity’s tasks, or mainly by using that entity’s material and technical resources, is a service invention-creation. “Invention-creation” includes inventions, utility models and designs.
Read article ↗Changing a Product Claim to a Manufacturing-Process Claim
During substantive examination in China, an examiner finds that claim 1, directed to a product, lacks an inventive step. May the applicant amend it to claim a process for manufacturing that product in order to overcome the objection?
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