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Outline of Patent Applications for AI-related Inventions in China In recent years, innovations of artificial intelligence (hereinafter referred to as AI) technologies have continuously achieved new breakthroughs, becoming a significant driving force in the new round of technological revolution and industrial transformation. The number of AI-related patent applications has grown rapidly. In response to this, at the end of 2024, the National Intellectual Property Administration of China (CNIPA) released the "Guidelines for Patent Applications for AI-related Inventions (Trial)" (hereinafter referred to as the "Guidelines"). These guidelines provide a comprehensive and in-depth interpretation of the patent examination policy in the field of AI under the framework of China's current patent legal system, addressing the hot legal issues commonly concerned by innovation entities. Below is an introduction to the main content of the Guidelines: Common Types of AI-Related Patent Applications The solutions for patent applications for AI-related inventions (hereinafter referred to as AI applications) typically involve AI algorithms or models, as well as the functions or field applications of these algorithms or models. Furthermore, with the continuous breakthroughs in AI technology, patent applications relating to AI-assisted or AI-generated inventions have become new hotspots. AI applications are mainly classified into the following types: Type 1: Patent Applications Relating to AI Algorithms or Models per se This type of patent applications usually involves AI algorithms or models per se and their improvements or optimizations, such as model structure, model compression, or model training. Type 2: Patent Applications Relating to Functions or Field Applications based on AI Algorithms or Models This type of patent applications integrates AI algorithms or models into inventions as an integral part of the solutions for products, methods, or their improvements. In other words, one or more AI algorithms or models are used to implement functions or apply AI to various scenarios, for example, a new type of electron microscope based on AI image sharpening technology, or the application of AI in transportation, telecommunications, or other fields. Type 3: Patent Applications Relating to AI-assisted Inventions AI-assisted inventions refer to invention-creations made with AI technology as an auxiliary tool during the inventing process, wherein AI functions similarly to an information processor or drawing tool, for example, a new drug compound obtained by utilizing AI to identify specific protein binding sites. Type 4: Patent Applications Relating to AI-generated Inventions AI-generated inventions refer to invention-creations autonomously generated by AI without substantial human contribution, for example, a food container autonomously designed by AI technology. [Note: According to the "FAQs" released concurrently by the CNIPA, the above four types are classified based on the different "roles" played by AI in invention-creations. Among them, "Type 1" and "Type 2" are distinguished based on the different objects of protection for the solutions, while "Type 3" and "Type 4" are distinguished based on whether a natural person has made substantial contributions. Hot Legal Issues Concerning AI-Related Patent Applications With the rapid iterative development of AI technology, different types of AI-related patent applications involve various legal issues at each stage of patent examination and approval. For the aforementioned four types of AI applications, common legal issues include inventorship issues for Types 3 and 4, subject matter eligibility, sufficient disclosure, and inventiveness issues for Types 1 and 2, as well as AI ethics issues that all these types of patent applications may face. The following elaborates on these hot-button legal issues and specific considerations. Eligibility of Inventors The Implementing Regulations of the Patent Law stipulates that "inventor" referred to in the Patent Law means any person who makes creative contributions to the substantive features of an invention-creation. The Guidelines confirms that the inventor named in a patent document must be a natural person, and AI systems and other non-natural persons cannot be listed as inventors. When there are multiple inventors, each one must be a natural person. Currently, AI systems cannot enjoy civil rights as civil subjects and therefore cannot serve as inventors. For patent applications of Types 1 and 2, inventor refers to the person who has made creative contributions to the substantive features of the invention-creation. For Type 3, a natural person who has made creative contributions to the substantive features of the invention-creation may be named as the inventor in the patent application. For Type 4, under the current legal framework in China, AI cannot be granted inventor status. Judgment on Subject Matters of AI Applications The judgment on subject matters of AI applications typically involves applications of Type 1 and Type 2. The subject matter judgment consists of two steps. The first step involves determining whether the solution falls under "rules and methods for mental activities". If it passes the first step, whether the solution qualifies as a "technical solution" will be further examined in the second step. 2.1 First Step: Judgment on "Rules and Methods for Mental Activities" Article 25(1)(ii) of the Patent Law stipulates that no patent shall be granted for "rules and methods for mental activities". If a claim includes both rules and methods for mental activities and technical features, and these technical features are not merely reflected in the subject matter, then the claim, as a whole, does not constitute a rule or method for mental activities. If the claims of a patent application involving AI algorithms or models (i.e., Type 1) solely relate to abstract mathematical theories or algorithms without any technical features, they belong to rules and methods for mental activities and cannot be granted a patent. For instance, a method for establishing a general neural network model based on abstract algorithms without any technical features, or a method for training a general neural network using an optimized loss function to accelerate training convergence without any technical features, is considered an abstract mathematical algorithm and belongs to rules and methods for mental activities. To avoid or overcome the defect that a solution is deemed a rule or method for mental activities, applicants can include technical features associated with the algorithmic features into the claims, so that the claims, as a whole, do not constitute a rule or method for mental activities. Take for example a claim relating to a processing method of an AI model, wherein the characterizing portion explicitly states that the method is executed by an AI chip. Since the overall solution describes the hardware environment in which the method is executed, and this hardware environment constitutes a technical feature, the solution of the claim as a whole does not belong to rules and methods for mental activities. Another example is a claim relating to a processing method of a neural network model, wherein it is explicitly stated that the method is used for processing and classifying images. Since processing and classifying image data are technical features, the solution of the claim as a whole also does not belong to rules and methods for mental activities. 2.2 Second Step: Judgment on “Technical Solution” Even if the solution of a claim no longer belongs to rules and methods for intellectual activities, to qualify as a patentable subject matter, it must also meet the requirements for a "technical solution" stipulated in Article 2(2) of the Patent Law. The "technical solution" referred to in Article 2(2) of the Patent Law refers to a collection of technical means that utilize natural laws to solve technical problems. When a claim describes the adoption of technical means that utilize natural laws to solve a technical problem and thereby achieve technical effects in line with natural laws, the solution defined by that claim constitutes a technical solution. Conversely, a solution that does not adopt technical means that utilize natural laws to solve technical problems and achieve technical effects in line with natural laws does not constitute a technical solution. Several common circumstances that constitute technical solutions are outlined below: Circumstance A: What is processed by AI algorithms or models is data with precise technical meanings in technical fields If a claim is drafted to demonstrate that the object processed by an AI algorithm or model is data with precise technical meanings in technical fields, such that based on the understanding of a person skilled in the art, it can be discerned that the execution of the algorithm or model directly embodies the process of utilizing natural laws to solve a particular technical problem and achieves technical effects, then the solution defined by that claim constitutes a technical solution. Take for example a method for identifying and classifying images using a neural network model. Image data belongs to data with precise technical meanings in technical fields. If a person skilled in the art can understand that the various steps of processing image features in the solution are closely related to the technical problem to be solved, i.e. identifying and classifying objects, and achieve corresponding technical effects, then this solution constitutes a technical solution. Circumstance B: There is a specific technical correlation between AI algorithms or models and internal structures of computer systems If a claim is drafted to demonstrate a specific technical correlation between AI algorithms or models and the internal structures of computer systems, thereby solving a technical problem of how to enhance hardware computational efficiency or execution effectiveness, including reducing data storage volume, minimizing data transmission volume, and increasing hardware processing speed, etc., and achieving technical effects of improving internal performance of computer systems in line with natural laws, then the solution defined by the claim constitutes a technical solution. This specific technical correlation reflects the mutual adaptation and coordination at the technical implementation level between algorithmic features and the features relating to the internal structures of computer systems, such as adjusting the architecture or related parameters of a computer system to support the operation of specific algorithms or models, making adaptive improvements to algorithms or models tailored to the internal structures or parameters of specific computer systems, or the combination of both. For instance, a neural network model compression method for memristor accelerators, comprising: Step 1, obtaining a regularized sparse model adapted to memristor arrays by adjusting pruning granularity with respect to the actual array size of memristors using an array-aware regularized incremental pruning algorithm during network pruning; Step 2, reducing ADC precision requirements and the number of low-resistance devices in memristor arrays through a power-of-two quantization algorithm to decrease overall system power consumption. Specific technical correlation does not necessarily imply changes to the hardware structure of computer systems. For solutions involving AI algorithms improvements, even if the hardware structure of the computer system remains unchanged, the solution as a whole can still achieve technical effects of improving internal performance of the computer system by optimizing system resource allocation. In such cases, it can be considered that there is a specific technical correlation between the features of AI algorithms and the internal structures of computer systems, enhancing hardware execution effectiveness. For example, a training method for deep neural network models, comprising: when the size of training data changes, with respect to changed data, calculating the training time for the changed training data in preset candidate training schemes respectively; from among the preset candidate training schemes, selecting the training scheme with the shortest training time as the optimal training scheme for the changed training data, the candidate training schemes including single-processor training schemes and data-parallel multi-processor training schemes; and conducting model training on the changed training data using the optimal training scheme. However, if a claim merely utilizes a computer system as a carrier for implementing AI algorithms or models without demonstrating a specific technical correlation between algorithmic features and the internal structures of the computer system, it does not fall within the scope of circumstance B. For instance, a computer system for training neural networks, comprising a memory and a processor, wherein the memory stores instructions and the processor reads instructions to train neural networks using an optimized loss function. Circumstance C: Intrinsic correlation that conforms to natural laws between big data of specific application fields is mined based on AI algorithms When AI algorithms or models are applied in various fields, they can perform data analysis, evaluation, prediction, or recommendation, etc. For such applications, if the claims indicate that the processed data is big data from specific application fields, and AI algorithms such as neural networks are used to mine the intrinsic correlation that conform to natural laws between the data, solving the technical problem of how to enhance the reliability or accuracy of big data analysis in specific application fields and achieving corresponding technical effects, then the solution described in the claims constitutes a technical solution. The use of AI algorithms or models for data mining and training AI models that can produce output results based on input data does not directly constitute a technical means. Only when the intrinsic correlation between the data mined based on AI algorithms or models conform to natural laws, can the relevant means as a whole constitute a technical means that utilizes natural laws. Therefore, it is necessary to specify in the solution described in the claims which indicators/parameters are used to reflect the characteristics of the analyzed object to obtain analysis results, and whether the intrinsic correlation between these indicators/parameters (model inputs) and result data (model outputs) mined using AI algorithms or models conform to natural laws. For example, a food safety risk prediction method comprising acquiring and analyzing historical food safety risk events to obtain head entity data and tail entity data representing food ingredients, edible items, and toxic substances detected in food samples, along with their corresponding timestamp data; constructing a corresponding quadruplet data and form a corresponding knowledge graph based on the head entity data, the corresponding tail entity data, and the corresponding entity relationships with timestamped data representing various hazard levels, risks, or interventions; using the knowledge graph to train a preset neural network to obtain a food safety knowledge graph model; predicting food safety risks at the time to be predicted based on the food safety knowledge graph model. If the intrinsic correlation between the indicators/parameters and the prediction results mined using AI algorithms or models is solely governed by economic or social laws, it falls under the circumstance of not conforming to natural laws. For instance, a method of using a neural network to estimate regional economic prosperity indices, which mines the intrinsic correlation between economic data, electricity consumption data, and economic prosperity indices using a neural network, and predicts regional economic prosperity indices based on the correlation. Since the intrinsic correlation between economic data, electricity consumption data, and economic prosperity indices are governed by economic laws rather than natural laws, this solution does not utilize technical means and thus does not constitute a technical solution. To avoid or overcome the defect of not constituting a technical solution, for AI-related applications, applicants can refer to circumstances A-C mentioned above when drafting their application documents and elaborate in the original specification on the technical problem to be solved, the technical means adopted, and the technical effects achievable by the solution. Alternatively, when responding to examination opinions, applicants can amend the claims based on the original application documents and fully explain in the observations why the amended solution constitutes a technical solution. For example, if involving abstract AI algorithms or models, the claims can indicate that the algorithms or models process data such as text, images, audio, or video with precise technical meanings in technical fields, and thus a person skilled in the art understands that the execution of the algorithms can directly reflect the process of utilizing natural laws to solve a technical problem in the field and achieve technical effects. For another example, when an invention involves improvements in internal performance of a computer system, technical features from the original application document that demonstrate a specific technical correlation between the algorithm and the internal structure of the computer system can be incorporated into the claims. For instance, in a claim relating to a neural network training method, the applicant may add features such as resource allocation or information exchange among distributed computing nodes that have a specific technical correlation with the neural network training algorithm when a distributed system is used for neural network training, thereby demonstrating that the solution can improve the execution efficiency of the hardware during training and achieve technical effects that conform to natural laws, i.e. improvements in the internal performance of the computer system. Furthermore, for solutions involving the use of AI algorithms or models to analyze, predict, evaluate, or assess big data in specific application fields, the claims should clearly specify which indicators and parameters are used, which algorithm or model is employed to obtain which prediction results. When responding to examination opinions, emphasis should be placed on analyzing why the correlation between the data processed by the algorithm or model and the results to be analyzed and predicted is constrained by natural laws rather than solely reflecting non-natural laws such as management or economics. Requirements for Sufficient Disclosure of Specifications The issue of transparency in AI algorithms or models has been receiving widespread attention. On the one hand, during the process from data input to output, their internal reasoning and decision-making processes are not easily interpretable. On the other hand, even if the same model and parameters are used, it is difficult to produce the expected results. Therefore, how to meet the requirements for sufficient disclosure of specifications and thereby enhance the transparency and interpretability of AI algorithms or models is also an important aspect of AI application examination. The specification of an AI application should clearly record the technical solution of the invention, describe in detail the specific embodiments for implementing the invention, and fully disclose the technical content necessary for understanding and implementing the invention, to the extent that a person skilled in the art can implement the invention. AI algorithms or models possess "black box" characteristics, necessitating sufficient information to achieve the purpose of sufficient disclosure. Depending on the invention's contribution, the technical content necessary for implementing the invention differs. The specification should fully describe the parts that contribute to the prior art. For the technical means embodying the inventive concept of the patent, the specification should clearly and completely describe them, to the extent that a person skilled in the art can implement the invention. The specification should clearly and objectively state the beneficial effects of the application compared to the prior art. When necessary, corresponding evidence can be provided to prove the invention’s contribution. Here are some suggested practices for the following exemplary circumstances: For applications where the invention’s contribution lies in AI model training, it is generally necessary to clearly record in the specification, based on the problem to be solved or the effect to be achieved by the solution, the algorithms involved in the necessary model training process and their specific steps, as well as the specific process of the training method. For applications where the invention’s contribution lies in AI model construction, it is generally necessary to record in the specification, based on the problem to be solved or the effect to be achieved by the solution, the necessary module structure, hierarchy, or connection relationship, and accurately and objectively describe the functions and effects of the model. When necessary, experimental data, analytical demonstrations, and other methods can be used to show the effects achievable after the improvement. For applications where the invention’s contribution lies in the application of AI in specific fields, it is generally necessary to clearly describe in the specification, based on the problem to be solved or the effect to be achieved by the solution, how the model is combined with specific application scenarios and how input/output data are set. When necessary, the specification should also elucidate the correlation between input data and output data, enabling a person skilled in the art to determine the correlation between them. In response to examination opinions regarding insufficient disclosure of a specification, when presenting arguments, it is necessary to elaborate on the reasons and basis for why a person skilled in the art is able to implement the relevant solution. It should be noted that the judgment of whether the disclosure of a specification is sufficient is based on the content recorded in the original specification and claims. Judgment on Inventiveness of AI applications The solutions of AI applications typically include a lot of algorithmic features. In assessing inventiveness, algorithmic features and technical features that functionally support and interact with each other should be considered as a whole. "Functionally supporting and interacting with each other" means that algorithmic features and technical features are tightly integrated, jointly forming a technical means to solve a specific technical problem and achieve corresponding technical effects. After considering the technical solution as a whole, if the solution exhibits prominent substantive features and notable progress compared to the prior art, the claim is deemed inventive. Below are exemplary circumstances where algorithmic features, considered as a whole along with technical features, contribute to the technical solution. Circumstance 1: Making AI algorithm features an integral part of technical means To make AI algorithm features be considered part of technical means during inventiveness assessment, the claims should demonstrate that the AI algorithm or model, when achieving specific functions or being applied in specific fields, solves a specific technical problem, thereby clarifying the functional support and interaction between algorithmic features and technical features, making algorithmic features an integral part of the technical means. 1.1 The contribution of algorithmic features to the solution when applying AI algorithms or models in specific functions or fields For applications that utilize AI algorithms or models to achieve specific functions or apply them in specific fields, to ensure that algorithmic features are deemed to make technical contribution to the solution during inventiveness evaluations, the specification should be drafted to specify the technical problems solved, the technical means employed that conform to natural laws and the technical effects achieved in accordance with natural laws when the AI algorithms or models achieve specific functions or are applied in specific fields. Additionally, the essential content for implementing the algorithms or models should also be specified. If the solution involves adjusting existing AI algorithm processes or model parameters, and this adjustment solves technical problems encountered when the AI algorithms or models achieve specific functions or are applied in specific fields, resulting in beneficial technical effects, it can be considered that algorithmic features and technical features functionally support and interact with each other, and thus the contribution of algorithmic features to the solution should be considered during inventiveness evaluations. For example, existing methods for determining the fall state of humanoid robots during walking mainly rely on posture information or ZMP (Zero Moment Point) position information, but such judgments are incomplete. An application proposes a method for detecting the fall state of humanoid robots based on multi-sensor detection. By real-time fusion of robotic gait phase information, posture information, and ZMP position information, and utilizing a fuzzy decision-making system, the current stability and controllability of the robot are assessed, providing a reference for the robot's next actions. The solution involves a method for detecting the fall state of humanoid robots based on multi-sensor information, characterized by comprising the following steps: (1) establishing a hierarchical sensor information fusion model by fusing posture sensor information, ZMP sensor information, and robotic walking phase information; (2) using a front-back fuzzy decision-making system and a left-right fuzzy decision-making system respectively to determine the robot's stability in the front-back and left-right directions, with specific steps as follows: ① determining the robotic walking phase based on the contact situation between the robot's supporting foot and the ground and offline gait planning; ② fuzzifying ZMP position information using a fuzzy inference algorithm; ③ fuzzifying the robot's pitch angle or roll angle using a fuzzy inference algorithm; ④ determining an output membership function; ⑤ determining fuzzy inference rules based on steps ① to ④; ⑥ defuzzification. The prior art discloses gait planning for humanoid robots and feedback control based on sensor information, as well as judging robot stability based on relevant fused information, including evaluating the stable state of humanoid robots based on multiple sensor information. That is, the prior art discloses step (1) of the solution. The difference between the solution and the prior art lies in the fuzzy decision-making method employing the specific algorithms in step (2). Based on this application, the solution effectively enhances the robot's stable state and the reliability and accuracy of judging its potential fall direction. Posture information, ZMP position information, and walking phase information serve as input parameters, and the stable state information of humanoid robots is judged through the fuzzy algorithm outputs, providing a basis for further issuing accurate posture adjustment commands. Therefore, the above-mentioned algorithmic features and technical features functionally support and interact with each other. Compared to the prior art, the actual technical problem solved by the invention is determined as: how to judge the robot's stable state and accurately predict its potential fall direction. The implementation algorithm of the above fuzzy decision-making and its application to judging the robot's stable state are not disclosed in other reference documents and do not belong to common knowledge in the art. The prior art as a whole does not provide inspiration for those skilled in the art to improve the prior art to obtain the claimed invention. The claimed technical solution of the invention is non-obvious compared to the closest prior art and possesses inventiveness. 1.2 Factors to consider when applying AI algorithms or models to different scenarios If the AI algorithm or model described in an application belongs to prior art, and the improvement to the solution lies in applying it from an existing scenario to the scenario of this application, the assessment of inventiveness should comprehensively consider the proximity of the scenarios where the algorithm or model is applied, whether there is corresponding technical inspiration, the degree of difficulty in applying the algorithm or model to different scenarios, whether there are technical difficulties to overcome, whether unexpected technical effects are brought about, and other aspects. Furthermore, if the algorithm or model is applied to different scenarios without adjusting elements such as the training method, parameters, or configuration of the algorithm or model by overcoming technical difficulties, and without achieving unexpected technical effects, the solution cannot be deemed inventive. For example, an application relates to a method for counting the number of ships, which trains a real-time detection data model based on ship image data through deep learning and sums the number of detected ships to solve the technical problem of providing real-time feedback on the number of ships in the current sea area. The closest prior art discloses a method for counting the number of fruits on a tree and also discloses the deep learning model training and the steps of number counting used in the application, and the differences between the closest prior art and the application lie in the different objects of recognition and different application scenarios. Although ships and fruits differ in appearance, volume, environment of existence, etc., for those skilled in the art, the means adopted for both is to perform object recognition and model training on the obtained image information, thereby completing number counting, and when performing image recognition, the position and the boundary of the recognized objects are considered in both the application and the closest prior art. If compared to recognizing and training fruits in images, recognizing and training ships in images does not change the deep learning and model training processes, or the processing method in image recognition, and the technical effect achieved is simply to make the statistical results more accurate, then the difference in training data only represents a difference in data meaning. The difference in data meaning does not impose constraints, influences, or limitations on the improvement or implementation of the algorithm, and the difference in application scenarios does not impose different constraints, influences, or limitations on the design of the algorithm model. Therefore, applying the fruit counting method of the prior art to ship counting in this solution achieves effects that are predictable based on the prior art, without producing unexpected technical effects, and thus the solution is not inventive. Circumstance 2: There is a specific technical correlation between AI algorithms/models and internal structures of computer systems If AI algorithms or models have a specific technical correlation with the internal structures of computer systems, resulting in improved internal performance of the computer systems, the algorithmic features and the technical features in the solution will be considered as a whole during inventiveness evaluations. Circumstances of improving the internal performance of computer systems include: supporting or optimizing the operation of specific algorithms or models by adjusting the architecture of the hardware system, or optimizing the scheduling of hardware resources in computer systems through the execution of algorithms or models, etc. In such cases, algorithmic features and technical features in the solution will be considered as a whole. If the prior art does not provide relevant technical inspiration, the solution will be deemed inventive. For example, an application relates to a method for adjusting convolutional neural networks (CNNs) by quantizing neural networks to fixed points to reduce resource usage, enabling CNN models with low-bit fixed-point quantization to run on FPGA platforms with low bit widths and achieving computational accuracy comparable to floating-point networks in low bit widths. The closest prior art discloses a fixed-point training method based on dynamic fixed-point parameters for CNNs, which uses fixed-point forward computation during the training process of CNNs and achieves network accuracy comparable to floating-point computation within several training cycles. The difference between the solution of this application and the closest prior art is that after a CNN is trained using high-bit fixed-point quantization, the CNN is fine-tuned using the low bit width of the FPGA. Based on this distinguishing feature, this application solves the problem of reduced accuracy due to limited computational resources when using multi-layer CNNs with large data volumes in small FPGA embedded systems, reduces the resource usage for training CNNs on FPGA platforms, and achieves the technical effect of obtaining computational accuracy comparable to floating-point networks on small FPGA embedded systems. Considering the algorithmic features and the technical features such as the low bit width of the FPGA as a whole, there is no relevant technical inspiration in the prior art, and thus this solution is deemed inventive. Circumstance 3: AI algorithms or models and technical features together constitute technical means to enhance user experience When AI algorithmic features and technical features in a solution together enhance user experience, during inventiveness evaluations, the algorithmic features and the technical features will be considered as a whole. If the prior art does not provide relevant technical inspiration, then the solution will be considered inventive. For example, an application relates to a method for implementing online customer service, solving the technical problem in existing e-commerce platforms where users tend to handle complaints and inquiries through human customer service, resulting in ineffective utilization of robot customer service and human customer service resources and high processing pressure on human customer service. The main solution adopted includes: using Long Short-Term Memory (LSTM) networks to analyze the context of user requests, combining with genetic algorithms to optimize the dynamic allocation of human and robot customer services. When detecting excessive load on human customer service, the system uses LSTM networks to predict and automatically direct suitable requests to robot customer service to reduce the processing pressure on human customer service. The closest prior art discloses a method for implementing chat with online customer service, specifically disclosing that users can freely select and switch between three ways to communicate with customer service: robot-only customer service, robot-preferred customer service, and human-preferred customer service. Among them, in the "human-preferred customer service" mode, when the limit for human reception has been reached or there is a waiting queue, robot customer service communicates with the user. The closest prior art mainly switches between human customer service and robot customer service based on user selection, and the basis for judging whether human customer service is busy is whether the reception limit has been reached or whether there is a waiting queue, which differs from the automatic switching based on AI algorithm weighing in this application. The solution of this application analyzes and automatically switches to robot customer service based on access load through AI algorithms, solving the technical problem of more reasonably allocating user service requests between robot customer service and human customer service, saving user waiting time, and enhancing user experience. Therefore, the solution is deemed inventive. Guiding Suggestions for Responding to Examination Opinions: For AI applications involving algorithmic features, when the distinguishing features between the claimed solution and the closest prior art reference also include algorithmic features, if the examiners believe that these algorithmic features do not functionally support or interact with the technical features, they may not consider the contribution of the algorithmic features to the technical solution. When responding to such examination opinions, the applicants should clarify whether the algorithmic features as distinguishing features enable the solution to solve technical problems, whether these features are closely related to the technical problems the application aims to solve, and whether they functionally support or interact with the technical features. To overcome the defects pointed out in the examination opinion, when making amendments, the applicants may consider incorporating into the claims technical features from the original application that are distinguishable from the closest prior art or algorithmic features that functionally support or interact with the technical features. For Circumstance 1 above, if the application and the prior art use the same or similar AI algorithms or models, with the main difference lying in functionality or application fields, when responding to an examination opinion of lack of inventiveness, the applicant may emphasize what technical difficulties need to be overcome when the algorithm or model achieves the function of the application or is applied to the field to which the application belongs, or what unexpected technical effects are achieved. For Circumstance 2 above, if the main difference between the application and the prior art lies in algorithmic features, when responding to an examination opinion of lack of inventiveness, the applicant may clarify that these algorithmic features have a specific technical correlation with the internal structure of the computer system and can bring about the technical effects of improving the internal performance of the computer system. For Circumstance 3 above, if the claimed solution can enhance user experience, when responding to an examination opinion of lack of inventiveness, the applicant may explain why the beneficial effect of improving user experience in the application is brought about by technical features or by both technical features and algorithmic features that functionally support or interact with each other. Ethical Issues in AI For patent applications involving the application of AI algorithms or models in different fields, the applicants should pay attention to whether the application of the claimed solution involving algorithms or models in specific fields violates any relevant laws or social ethics, or harms public interests. For patent applications concerning acquisition and utilization of data using AI, attention should be given to whether all aspects, including data sources, application scenarios, security management, and usage norms, comply with relevant laws. In addition to the data content itself, specific data acquisition, storage, processing, and other relevant means must also meet legal requirements and must not violate social ethics or harm public interests. In the current era of rapid AI technological development, patent applications have become a crucial means of protecting innovative achievements and promoting technology commercialization. For patent applicants and agents, it is essential to have a deep understanding of the examination points and drafting skills for AI applications. It is hoped that this article can provide valuable references for patent applicants and agents in the practice concerning AI applications, helping them gain an advantage in the fierce market competition and safeguarding the innovation and application of AI technology. If you have any question about the protection of intellectual property rights, please feel free to send us emails. For patent-related matters, please send to [email protected]. 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Legislation The Trademark Law is enacted to improve the administration of trademarks, protect the exclusive right to use a trademark, and encourage producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and promoting the development of the socialist market economy. Trademark Law August 23, 1982: Adopted by the Standing Committee of the National People's Congress (“the NPC Standing Committee”); February 22, 1993: Amended for the first time by the NPC Standing Committee; October 27, 2001: Amended for the second time by the NPC Standing Committee; August 30, 2013: Amended for the third time by the NPC Standing Committee; April 23, 2019: Amended for the fourth time by the NPC Standing Committee. Implementing Regulations of the Trademark Law August 3, 2002: Promulgated by the State Council; April 29, 2014: Amended by the State Council. Conventions China became a member of the Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Madrid Agreement Concerning the International Registration of Marks on October 4, 1989, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks on August 9, 1994, the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks on December 1, 1995 and the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001. Trademark Administration The Trademark Office of the China National Intellectual Property Administration (the CNIPA) is responsible for the registration and administration of trademarks in China, as well as the settlement of disputes relating to trademarks. The CNIPA is responsible for conducting the operational guidance and policing of trademark enforcement, including formulating and guiding standards of trademark infringement and enforcement. State Administration for Market Regulation is responsible for the organization and overall guidance of trademark enforcement. Types of Trademarks There are four types of registered trademarks in China: trademarks for goods, service marks, collective marks and certification marks. A trademark for goods means a distinctive sign used on goods to distinguish the origin of the goods produced, manufactured, processed, selected or marketed. A service mark means a distinctive sign used for services to distinguish the provider of the services. A collective mark means a distinctive sign registered in the name of a group, association or other organization for the members thereof to use in their commercial activities as indications of their membership in the organization. A certification mark means a distinctive sign controlled by an organization capable of supervising certain goods or services, and used by entities or individuals outside the organizations for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services. Provisions in the following text concerning trademarks for goods will also apply to service marks. Registered Trademark & Exclusive Right A registered trademark can be obtained after being approved and registered by the Trademark Office through the registration application procedures. The right holder and the registrant of the registered mark have the exclusive right to use the registered trademark for the approved goods/services, which is protected by law. The exclusive right to use a registered trademark shall be valid for a term of ten years starting from the date of registration, and can be renewed before the expiry of the term. How to Obtain a Registered Trademark To obtain the registration of a trademark on designated goods or services and seek protection by law, the owner of the trademark should file a registration application before the Trademark Office. Please see “Outline of CN Trademark System - Basics I - Registering a Trademark” for details. https://www.afdip.com/insights/Articles/TRADEMARK/2024/1023/455.html】 Use and Protection of a non-Registered Mark In principle, a non-registered mark can be used as long as the use is in compliance with the relevant regulations. However, a non-registered trademark cannot be used on goods in respect of which a registered trademark must be used. Signs that are legally prohibited from use shall not be used as trademarks. The owner using a non-registered mark has no exclusive right to use the mark as protected by law. Under special circumstances where a non-registered mark is a well-known trademark, it is also protected to a certain extent. What shall not be Used as a Trademark A non-registered mark that can be used in business activities must not be any of the following, which shall not be used as trademarks: (1) signs identical with or similar to the State name, national flag, national emblem, national anthem, military flag, army emblem, military anthem, or decorations of the People's Republic of China; and signs identical with the names or symbols of central government departments of the State, or with the names of the particular places, or with the names or images of the symbolic buildings, where central government departments of the State are located; (2) signs identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that the foreign governments have approved such use; (3) signs identical with or similar to the names, flags, or emblems, of international intergovernmental organizations, except that the organizations have approved such use or the public is not likely to be misled by such use; (4) signs identical with or similar to the official signs or hallmarks indicating official control or warranty, except that such use is authorized; (5) signs identical with or similar to the symbol or name of the Red Cross or the Red Crescent; (6) signs having the nature of discrimination against any nationality; (7) signs having the nature of fraud, being likely to mislead the public about the characteristics of the goods such as the quality or the place of origin; or (8) signs detrimental to socialist morals or customs, or having other adverse effects. The geographical names of the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, unless such geographical name has other meanings or is used as a component part of a collective mark or certification mark. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid. Conflict with well-known marks A trademark, used for identical or similar goods, that is a reproduction, an imitation, or a translation of a right holder's well-known mark not registered in China and likely to cause confusion, is prohibited from use. A trademark, used for non-identical or dissimilar goods, that is a reproduction, an imitation, or a translation of a right holder’s well-known trademark that has been already registered in China, misleading the public and likely to cause prejudice to the interests of the registrant of the well-known trademark, is prohibited from use. Conflict with geographical indication Where a trademark contains a geographical indication of goods in respect of which the trademark is used, the goods do not originate in the region indicated, and it misleads the public, the trademark is prohibited from use. However, any trademark that has been registered in good faith shall continue to be valid. Infringement by related parties Where any agent or representative , without authorization from a right holder it or he represents, applies for registering, in its or his own name, a trademark of the right holder, and the right holder raises an opposition, the trademark is prohibited from use. What shall bear a Registered Trademark Such goods as cigarettes, cigars, packaged tobacco, and electronic cigarettes shall bear a registered trademark. Before the trademark is approved to register, such goods shall not be produced or sold. Use of Trademarks The use of a trademark means the use of the trademark on goods, packages or containers of the goods or in trading documents, or the use of the trademark in advertising, exhibition or any other business activities so as to distinguish the origin of the goods. Principle for use While using a trademark, the user or other related parties shall follow the principle of good faith. Any user or other related parties of a trademark shall be responsible for the quality of the goods on which the trademark is used. Use of Registered Trademarks Obligation A trademark registrant has an obligation to use and properly use their registered trademark in commence on their goods or services approved. Quality The registrant or other related parties of a registered trademark shall be responsible for the quality of the goods or services on which the registered trademark is used. Consequence of no use Where a registered trademark has not been used for three consecutive years without justified reasons, the trademark registration is at a risk of being cancelled. Consequence of improper use If a registered trademark has not been properly used so that it becomes a generic name of its designated goods, the trademark registration is at a risk of being cancelled. No alteration & no change While using a registered trademark, the registrant shall not alter the sign of the registered trademark, or change its/his name or address, or other matters recorded in the registration on its/his own. If the sign of a registered trademark needs to be altered, the registrant must file a new registration application for such altered mark with the Trademark Office. If the registrant’s name or address, or other matters recorded in the registration is changed, the registrant must file applications to record such changes with the Trademark Office. If a registered trademark needs to be used on goods or services that are not included in the designated ones approved by the Office, the registrant must file a new application for registration for such goods or services. Symbol for registration The registrant has the right to use a symbol ® or ㊟ (often superscript) or an indication “registered trademark" with the trademark registered on the designated goods or services. Geographical Indications as Registered Certification or Collective Marks A geographical indication is a sign which indicates goods as originating in certain region, where a given quality, reputation or other characteristic of the goods is essentially attributable to the natural or human factors of the region. A geographical indication can be registered as a collective mark or a certification mark. Where a geographical indication is registered as a certification mark, the natural person, legal person or other organization whose goods meet the conditions for use of the geographical indication may request authorization to use the certification mark. The organization that controls the certification mark shall grant authorization to use it. Where a geographical indication is registered by an organization as a collective mark, the natural person, legal person or other organization, whose goods meet the conditions for use of the geographical indication, may request to become a member of the organization. The organization shall accept them to be a member, according to its governing rules. A party who has not requested to become a member of the organization that has registered a geographical indication as a collective mark, may also conduct fair use of the geographical indication, and shall not be forbidden from doing so by the organization. Cancellation of Registered Trademark Anyone may request the Trademark Office to cancel a registered trademark if the registered trademark has become a generic name of its designated goods or has not been used for three consecutive years without justified reasons. Determination of use The use of a registered trademark by the trademark holder, by its/his licensees, or by any others whose use does not violate the trademark holder’s intention can all be determined as the use of the trademark. If an actually used sign is slightly different from the sign of a registered trademark but its distinctive characteristics are not changed, such actual use can be deemed as the use of the registered mark. If there is no actual use of the registered trademark but only the act of its assignment or licensing, or if there is only publication about the trademark registration information or a statement to claim the exclusive right to use the registered trademark, such acts should not be deemed as the use of the registered trademark. Justified reasons If a trademark holder actually intends to use a trademark and has made necessary preparation for the actual use, but the actual use has not occurred due to other objective reasons, this situation may be deemed as a justified reason. Justified reasons include force majeure, restrictions imposed by government policy, bankruptcy liquidation, and other justified reasons not attributable to the trademark registrant. Examination Where an applicant files a request with the Trademark Office to cancel a registered trademark on the grounds that it has become a generic name of its designated goods or has not been used for three consecutive years without justified reasons, the Trademark Office generally will make a decision within nine months from receipt of the request for cancellation. On the ground of generic name The Trademark Office will, after accepting the request for cancellation of a registered trademark that has become a generic name of its designated goods, notify the trademark registrant and order it/he to defend within two months upon receipt of the notice. If no defense is made before the expiration of the two-month period, the Trademark Office will make a decision by default. On the ground of non-use Anyone applying for cancelling a registered trademark on the grounds of non-use for three consecutive years without justified reasons shall file such cancellation application after expiration of three years as of the announcement date of the registration of the trademark concerned. The Trademark Office will, after accepting the request for cancellation of a registered trademark on the grounds of non-use for three consecutive years without justified reasons, notify the trademark registrant and order it/he to submit, within two months upon receipt of the notice, the evidence of using the trademark before the cancellation application is filed or to state justified reasons for the non-use. If the registrant fails to submit any evidence within the time limit, or the evidence is invalid, and no justified reason is stated, the Trademark Office will cancel the registered trademark. Where the Trademark Office decides to cancel a registered trademark, and the reason for cancellation only affects partial designated goods, only the trademark registration on such designated goods will be cancelled. Relief If the registrant or the cancellation applicant is dissatisfied with the decision of the Trademark Office to cancel or not cancel a registered trademark, it/he may, within fifteen days from receipt of the decision, apply for a review to the Trademark Office. Where, at the expiration of the specified period, the registrant does not apply for a review of the decision made by the Trademark Office to cancel a registered trademark, the decision to cancel the registered trademark shall come into effect. Review of Cancellation Where the party concerned files a review against the decision of the Trademark Office to cancel or not cancel a registered trademark, the Trademark Office generally will make a review decision within nine months upon receiving the review application and notify the party concerned. Any party concerned who is dissatisfied with the review decision, within thirty days from the receipt of the decision, may institute legal proceedings with Beijing Intellectual Property Court. Where at the expiry of the prescribed period, the party concerned does not file a lawsuit with the Court against the review decision, the review decision shall come into effect. Validity of Cancellation For a registered trademark which has been canceled, the Trademark Office will publish the cancellation. The exclusive right to use the registered trademark shall be terminated from the date of such publication. Recording a Change for a Registered Mark Where the name, address or other information pertaining to a trademark registrant of a registered trademark needs to be changed, the registrant shall file an application to record the alteration with the Trademark Office. To change the name of a trademark registrant, the applicant shall also file an application to record such change, and submit certification documents pertaining to the change as issued by the relevant registration authority. The Trademark Office will, upon approval of the application, issue a new certificate to the trademark registrant and publish an announcement. If the Trademark Office does not approve the application, it will notify so to the applicant. To change the name or address of a trademark registrant, the registrant shall apply for recording such change for all of its registered trademarks at the same time. If it/he fails to do so, the Trademark Office will request the registrant to make rectifications within a specific time limit. If the registrant fails to make the rectifications within the specific time limit, the Office will deem that the application for recording the change has been abandoned and will notify so to the applicant. Assignment Where a registered trademark is to be assigned, the assignor and the assignee shall sign an agreement of assignment and jointly file an application with the Trademark Office. The Trademark Office will, after granting approval to the transfer of a registered trademark, issue a new certificate to the assignee and publish an announcement. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used. Where a registered trademark is to be assigned, the trademark registrant shall assign all of its/his similar trademarks together in respect of the same goods, or identical or similar trademarks in respect of similar goods. Where an assignment is likely to cause confusion or may have other adverse impact, the Trademark Office will not approve the assignment and will notify so to the applicant. The assignee shall have the exclusive right to use the trademark from the date of publication of the assignment. Licensing The registrant of a registered trademark may, by signing a trademark license contract, authorize another person to use the registered trademark. Quality The licensor shall supervise the quality of the goods in respect of which its/his registered trademark is used by the licensee. The licensee shall guarantee the quality of the goods in respect of which the registered trademark is used. Indication of licensee Where a licensee is authorized to use a registered trademark of a licensor, the name of the licensee and the geographic origin of the goods must be indicated on the goods that bear the registered trademark. Recording To grant a license to use a registered trademark, the licensor shall, within the term of the license contract, file an application with the Trademark Office to record such license with the relevant materials. The materials shall state the licensor of the registered trademark, the licensee, license term, the range of goods or services licensed to use and other relevant matters. Upon approval, the Trademark Office will publish an announcement. Three types of licenses (1) Exclusive license: the trademark registrant grants a licensee the exclusive right to use its/his registered trademark in the contracted period, regions, and ways, and accordingly the trademark registrant shall not use the registered trademark. (2) Sole license: the trademark registrant grants a licensee the right to use its/his registered trademark in the contracted period, regions, and ways, and accordingly the trademark registrant also has the right to use the registered trademark, but the licensor shall not license the right to use it to another party. (3) Non-exclusive license: the trademark registrant grants licensees the right to use its/his registered trademark in the contracted period, regions, and ways, and the licensor can still use the registered trademark and retains the right to grant multiple licenses. Failure to record A trademark license shall not be used against any bona fide third party, if the licensor fails to record the license with the Trademark Office. Where the trademark registrant fails to record the license contract with the Trademark Office, the effectiveness of the contract shall not be influenced, unless the parties concerned have agreed otherwise. The trademark assignment does not affect the effectiveness of the trademark license contract that has taken into effect before the assignment, unless it is otherwise agreed in the trademark license contract. Pledge Where the exclusive right to use a registered trademark is pledged, the pledger and the pledgee shall conclude a pledge contract in written form and shall jointly file an application with the Trademark Office to register the pledge. The Trademark Office will publish an announcement. Removal If a trademark registrant intends to remove its/his registered trademark or the registration of a trademark on partial designated goods, it/he shall file an application with the Trademark Office and return the original Certificate of Trademark Registration. Where the Trademark Office approves the registrant’s such request, the registrant’s exclusive right to use the registered trademark on all designated goods or on partial designated goods shall be terminated, effective from the date when the Trademark Office receives the removal request. Where a registered trademark is removed, the original Certificate of Trademark Registration shall be invalid and the Trademark Office will publish an announcement. If the registrant requests to remove the registration on partial designated goods, the Trademark Office shall reissue a Certificate of Trademark Registration and publish an announcement. Administration on Use of Registered Trademarks Change without new approval Where a trademark registrant, in using a registered trademark, alters the registered trademark, or changes its/his name or address, or other matters recorded in the registration on its/his own without applying for and obtaining registration for the change and alteration, the local IP bureau shall order it/him to make corrections within a specified time limit. If no corrections are made at the expiry of the specified time limit, the registered trademark can be canceled by the Trademark Office. Cigarettes sold without a registered mark Goods, such as cigarettes, cigars, packaged tobacco, and electronic cigarettes products which shall bear registered trademarks, shall not be sold in the market before the trademarks are approved for registration. If this provision is violated, the local IP bureau shall order the party concerned to apply for trademark registration within a specified time limit and may impose a fine of no more than 20% of the illegal gains if the illegal gain is no less than CNY50,000, or a fine of no more than CNY10,000 if there is no illegal gain or the illegal gain is less than CNY50,000. Unregistered used as registered or not be used Where any party uses an unregistered trademark as a registered trademark, or uses an unregistered trademark which is a sign that shall not be used as a trademark as prescribed by the law, the local IP bureau shall order the party to cease the use, and to rectify the situation within a specified time limit, and may in addition circulate a notice of criticism. Where the illegal gain is no less than CNY50,000, a fine of no more than 20% of the illegal gain may be imposed, and where there is no illegal gain or the illegal gain is less than CNY50,000, a fine of no more than CNY10,000 may be imposed. Illegal use of the wording “well-known trademark” Where any party violates the provision of the Trademark Law to use the wording “well-known trademark” on goods, packages or containers of the goods, or use the wording in advertising, exhibition or any other business activities, the local IP bureau shall order the party to make rectification and impose a fine of CNY100,000. Forging certificates Any person who forges or alters a Certificate of Trademark Registration or other trademark certification document shall be subject to criminal liabilities according to the provisions of the Criminal Law pertaining to the crime of forging or altering certificates of state organs or to other relevant crimes. No indications by licensees Where a licensee violates the provision of the Trademark Law related to indicating the name of the licensee and the geographic origin of the goods, the local IP bureau shall order it or him to make rectification within a specified time limit. If the licensee fails to make rectification within the specified time limit, it or him shall be ordered to cease selling. If the licensee refuses to cease selling, a fine of no more than CNY100,000 shall be imposed. Protection of well-known marks The trademark holder who requests protection of a well-known trademark in accordance with the Trademark Law may file the request with the administrative authority for industry and commerce. After the Trademark Office determines the trademark to be well-known in accordance with the Trademark Law, the administrative authority for industry and commerce shall order to cease the trademark use that violates the provisions of the Trademark Law, confiscate and destroy relevant trademark signs. If the trademark signs are inseparable from the associated goods, the authority shall confiscate and destroy them together.

Legislation The Trademark Law is enacted to improve the administration of trademarks, protect the exclusive right to use a trademark, and encourage producers and traders to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and promoting the development of the socialist market economy. Trademark Law & Implementing Regulations Trademark Law: Adopted by the Standing Committee of the National People's Congress on August 23, 1982 and came into effect on March 1, 1983; amended for the first time on February 22, 1993; amended for the second time on October 27, 2001; amended for the third time on August 30, 2013; amended for the fourth time on April 23, 2019 and came into effect on November 1, 2019. Implementing Regulations: Promulgated by the State Council on August 3, 2002; amended on April 29, 2014 and came into effect on May 1, 2014. Conventions China became a member of the Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Madrid Agreement Concerning the International Registration of Marks on October 4, 1989, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks on August 9, 1994, the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks on December 1, 1995 and the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001. Trademark Administration The Trademark Office of the China National Intellectual Property Administration (the CNIPA) is responsible for the registration and administration of trademarks in China, as well as the settlement of disputes relating to trademarks. The CNIPA is responsible for conducting the operational guidance and policing of trademark enforcement, including formulating and guiding standards of trademark enforcement. State Administration for Market Regulation is responsible for the organization and overall guidance of trademark enforcement. Registered Trademark & Exclusive Right A registered trademark can be obtained after being approved and registered by the Trademark Office through the registration application procedures. The registrant of the registered mark has the exclusive right to use the registered trademark as approved for the goods approved to register, which is protected by law. The exclusive right to use a registered trademark shall be valid for a term of ten years starting from the date of registration, and can be renewed before the expiry of the term. A non-registered mark can still be used in business activities of an entity or individual if the use is in compliance with the relevant regulations, but the owner of such mark has no exclusive right to use the mark. However, such goods as cigarettes, cigars, packaged tobacco, electronic cigarettes and other new tobacco products must be produced or sold with an approved registered trademark. Without an approved registered trademark, such goods may not be produced or sold. How to Obtain a Registered Trademark To obtain a registration of a trademark on designated goods or services and seek a protection by law, the owner of the trademark should file a registration application before the Trademark Office,. Please see “Outline of CN Trademark System_Basics I_Registering a Trademark” for the details: https://www.afdip.com/insights/Articles/TRADEMARK/2024/1023/455.html Trademark Review and Adjudication Trademark review and adjudication refers to administrative proceedings of review cases filed by the parties who are dissatisfied with the Trademark Office’s refusal decisions made for trademark registration applications, non-approval decisions made for opposed marks, cancellation or non-cancellation decision made for registered marks and decisions to declare registered marks invalid, as well as invalidation cases requested by the petitioners to declare registered trademarks invalid. These proceedings are all further regulated by the Rules for Trademark Review and Adjudication, and therefore very similar. Review of Refusal Where a trademark registration applicant is dissatisfied with the refusal decision of the Trademark Office made for the registration application, the applicant can apply to the Trademark Office for a review within 15 days upon receipt of the decision. Necessary documents For filing a review of refusal, a review application form including information about the applicant, the trademark registration application and the refusal decision, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material shall be submitted. Collegial panel A collegial panel typically consisting of an odd number of trademark review and adjudication examiners, usually three or more, will be formed to hear the review case and implement the principle of minority obeying the majority. Acceptance The Trademark Office will, after examination, accept the review application if it meets the requirements and send to the applicant the acceptance notice. If the review application does not comply with the related regulations but can be rectified, the Office will notify the applicant to make rectifications, and the applicant shall make rectifications within 30 days from the date of receipt of the notice. If the rectifications are not made on time, the applicant shall be deemed to have withdrawn the review application. If the application still does not comply with the regulations after rectifications, the Office will not accept the application and notified the applicant. Refusal After a review application is accepted, if it is found that it does not meet the acceptance conditions, for example, the applicant withdrew the trademark review application and then submits a review application again based on the same facts and grounds, or submits a review application again based on the same facts and grounds for a ruling or decision that has already been made by the Office, the Office will refuse the review application and notify the applicant. Decision The Trademark Office will make a decision within nine months from the receipt of the review application and notify the applicant. Relief Where the applicant is dissatisfied with the review decision, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the decision. Where, at the expiration of the specified period, the applicant does not institute legal proceedings against the review decision, the review decision comes into effect. Review of Non-Approval Where the applicant for registration of a trademark opposed is dissatisfied with the non-approval decision of the Trademark Office made for the opposition, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision. Necessary documents For filing a review of non-approval, a review application form including information about the applicant, the trademark opposed and the non-approval decision, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material shall be submitted. Collegial panel A collegial panel typically consisting of an odd number of trademark review and adjudication examiners, usually three or more, will be formed to hear the review case and implement the principle of minority obeying the majority. Acceptance The Trademark Office will, after examination, accept the application if it meets the requirements and send to the applicant the acceptance notice. If the review application does not comply with the related regulations but can be rectified, the Office will notify the applicant to make rectifications, and the applicant shall make rectifications within 30 days from the date of receipt of the notice. If the rectifications are not made on time, the applicant shall be deemed to have withdrawn the review application. If the application still does not comply with the regulations after rectifications, the Office will not accept the application and notified the applicant. Refusal After a review application is accepted, if it is found that it does not meet the acceptance conditions, for example, the applicant withdrew the trademark review application and then submits a review application again based on the same facts and grounds, or submits a review application again based on the same facts and grounds for an adjudication or decision that has already been made by the Office, the Office will refuse the review application and notify the applicant. Serving the application The Trademark Office will send a copy of the review application and evidence materials to the opponent timely. Observation/response The opponent has 30 days after receipt of the copy to file an observation/response. If the opponent does not file an observation, the Trademark Office will conduct the review in absentia. Supplement Where any of the parties concerned needs to supplement the relevant evidence after filing either the review application or response to the application, the party shall state the supplement to be filed in the review application or response, and then submit the evidence within three months after filing the review application or submitting the response. If the party fails to do so within the specified time period, it shall be deemed that the party has waived the right to supplement the evidence. Provided that the evidence is formed after the expiration of the specified time period or the failure to submit the evidence before the expiration of the specified time period is due to other justified reasons, where the evidence is submitted after the expiration of the specified time period, the Trademark Office will send the evidence to the other party concerned and may admit the evidence after the cross-examination of the parties. Oral hearing The Trademark Office may decide to hold an oral hearing on the review application based on the request of the parties or actual needs. If the Trademark Office decides to hold an oral hearing, it will notify the parties in writing 15 days before the oral hearing, informing them of the date, location and examiners of the oral hearing. The parties shall respond within the time limit specified in the notice. If the applicant does not respond or participate in the oral hearing, its/his application shall be deemed withdrawn, and the Trademark Office shall notify the applicant. If the opponent does not respond or participate in the oral hearing, the Trademark Office will conduct the review in absentia. Settlement During the review proceedings, the parties may reach a settlement in writing on their own or through mediation. If the parties reach a settlement, the Trademark Office may close the case or make a decision or ruling. Withdrawal During the review proceedings, before the Office makes the decision or ruling, the applicant may withdraw the review application and state the reasons. If the withdrawal application is in compliance with the relevant provisions, the Office will approve the withdrawal and terminate the review proceedings. Suspension/Stay During the review proceedings, if the determination of the prior rights involved must be based on the results of another case being heard by the court or handled by the administrative authority, the Trademark Office may suspend the review. After the reasons for suspension are eliminated, the review proceedings shall be resumed. Decision The Trademark Office will make a review decision within twelve months from the receipt of the review application and notify the review applicant (the opposed party in the opposition proceedings) and the opponent. Relief Where the review applicant (the opposed party in the opposition proceedings) is dissatisfied with the review decision, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the decision. Where, at the expiration of the specified period, the applicant does not institute legal proceedings against the review decision, the review decision comes into effect. Invalidation Proceedings The grounds for declaring a registered trademark invalid can be divided into the following two categories. Absolute grounds Where a registered trademark constitutes a violation of the law in the following circumstances, the Trademark Office will declare the registered trademark invalid, and any other entity or individual may request the Trademark Office to declare the registered trademark invalid: Trademarks applied for registration in bad faith and not intended for use (Article 4); Signs prohibited from use as a trademark (Article 10); Non-registrable signs (Article 11); Non-registrable three-dimensional signs (Article 12); Other marks shall not be registered by trademark agencies (Article 19(4)); or Trademarks applied for registration by fraud or other unfair means. Relative grounds Where a prior right owner or any interested party believes that a registered trademark constitutes a violation of the law in the following circumstances, the owner or party may request the Trademark Office to declare the registered trademark invalid within five years from the date of trademark registration; for malicious registration, the owner of a well-known trademark is not subject to the five-year time limit: Trademark conflicting with well-known marks (Article 13(2) & (3)); Trademarks applied for by an agent, representative, or related party without the right holder’s authorization (Article 15); Geographical indications that mislead the public (Article 16 (1)); Trademarks that do not comply with relevant regulations or is identical or similar to trademarks that are previously registered or preliminarily approved (Article 30); Trademarks that constitute a violation of the provisions that “for applications not filed on the same day, the one filed earlier shall be preliminarily approved; for applications filed on the same day, the one that was used earlier shall be preliminarily approved” (Article 31); and Trademarks infringing another party’s existing prior rights or filed via unfair means for preemptive registration (Article 32). Necessary documents For filing an application to declare a registered trademark invalid, an application form including information about the trademark to be declared invalid, the clear request, grounds, and factual and legal basis, as well as the relevant evidence material and certificates of the invalidation petitioner’s identity shall be submitted. For relative grounds, the petitioner shall submit certificates to prove that the petitioner is a prior right holder or an interested party. Collegial panel A collegial panel typically consisting of an odd number of trademark review and adjudication examiners, usually three or more, will be formed to hear the invalidation case and implement the principle of minority obeying the majority. Acceptance The Trademark Office will, after examination, notifies the petitioner to pay official fees if the invalidation application meets the requirements of acceptance, and after receiving the official fees send the acceptance notice to the petitioner. If the invalidation application does not comply with the related regulations but can be rectified, the Office will notify the petitioner to make rectifications, and the petitioner shall make rectifications within 30 days from the date of receipt of the notice. If the rectifications are not made on time, the petitioner shall be deemed to have withdrawn the review application. If the invalidation application does not comply with the regulations, for example, it is not filed within the statutory period, the petitioner's legal status and the grounds for invalidation do not comply with the regulations, there are no clear grounds, facts and legal basis for invalidation, etc., the Trademark Office will not accept the application and will notify the applicant. Refusal After an invalidation application is accepted, if it is found that it does not meet the acceptance conditions, for example, the petitioner withdrew an invalidation application and then submits an invalidation application again based on the same facts and grounds, or submits an invalidation application again based on the same facts and grounds for a ruling or decision that has already been made by the Office, the Office will refuse the invalidation application and notify the petitioner. Serving the application The Trademark Office will timely send a copy of materials related to the invalidation application to the trademark registrant at issue. Responses The he trademark registrant at issue has 30 days after receipt of the copy of invalidation materials to file a response, outlining their arguments against the invalidation. If the registrant does not file a response, the Trademark Office will conduct adjudication in absentia. Supplement Where any of the parties concerned needs to supplement the relevant evidence after filing either the invalidation application or response to the application, the party shall state the supplement to be filed in the invalidation application or response, and then submit the evidence within three months after filing the invalidation application or submitting the response. If the party fails to do so within the specified time period, it shall be deemed that the party has waived the right to supplement the evidence. Provided that the evidence is formed after the expiration of the specified time period or the failure to submit the evidence before the expiration of the specified time period is due to other justified reasons, where the evidence is submitted after the expiration of the specified time period, the Trademark Office will send the evidence to the other party concerned and may admit the evidence after the cross-examination of the parties. Oral hearing The Trademark Office may decide to hold an oral hearing on the invalidation application based on the request of the parties or actual needs. If the Trademark Office decides to hold an oral hearing, it will notify the parties in writing 15 days before the oral hearing, informing them of the date, location and examiners of the oral hearing. The parties shall respond within the time limit specified in the notice. If the petitioner does not respond or participate in the oral hearing, its/his invalidation application shall be deemed withdrawn, and the Trademark Office shall notify the petitioner. If the registrant at issue does not respond or participate in the oral hearing, the Trademark Office will conduct the review in absentia. Withdrawal During the adjudication, before the Office makes the decision or ruling, the petitioner may withdraw the invalidation application and state the reasons. If the withdrawal application is in compliance with the relevant provisions, the Office will approve the withdrawal and terminate the invalidation proceedings. Settlement During the adjudication of the Office, the parties may reach a settlement in writing on their own or through mediation. If the parties reach a settlement, the Trademark Office may close the case or make a decision or ruling. Suspension/Stay During the adjudication of the Office, if the determination of the prior rights involved must be based on the results of another case being heard by the court or handled by the administrative authority, the Trademark Office may suspend the invalidation proceedings. After the reasons for suspension are eliminated, the invalidation proceedings shall be resumed. Decision/Adjudication In the case of absolute grounds, the Trademark Office will make a decision to declare the registered trademark invalid and notify the trademark registrant at issue. For an invalidation application based on absolute grounds, the Trademark Office will make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the invalidation application after investigation, verification and examination, and notify the parties. For an invalidation application based on relative grounds, the Trademark Office will make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the invalidation application after investigation, verification and examination, and notify the parties in writing. If finding that the grounds for invalidation are not justified, the Trademark Office will make a ruling to maintain the registered trademark. If finding that the grounds for invalidation are justified, the Trademark Office will make a ruling to declare the registered trademark invalid. If the grounds for invalidation are only justified for a part of the designated goods, the trademark registration will be declared invalid on the part of the designated goods. Relief Where the trademark registrant at issue dissatisfies with the Office’s own invalidation decision based on the absolute grounds, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision. Where, at the expiration of the specified period, the registrant does not apply for the review of the invalidation decision, the decision of the Office comes into effect. Where the parties concerned dissatisfy with the ruling to maintain the registered trademark or declare the registered trademark invalid made by the Office for the invalidation application based on the absolute grounds, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the ruling. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the ruling, the ruling of the Office comes into effect. Where the parties concerned dissatisfy with the ruling to maintain the registered trademark or declare the registered trademark invalid made by the Office for the invalidation application based on the relative grounds, it/he may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the ruling. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the ruling, the ruling of the Office comes into effect. Review of Invalidation Decision Where the trademark registrant dissatisfies with the Office’s own decision to declare its trademark registration invalid based on the absolute grounds that the trademark registration violates the related regulations, it/he may apply for a review to the Trademark Office within fifteen days from the receipt of the decision. The review proceedings are the same as other review proceedings mentioned above (e.g. review of refusal, review of non-approval), and therefore no details will be repeated here. The Trademark Office will make a review decision within nine months from the date of receipt of the review application and notify the parties concerned. If the parties concerned are dissatisfied with the review decision of the Trademark Office, they may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the review decision. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the decision, the review decision of the Office comes into effect. Validity of an Invalidation Decision Where a registered trademark is declared invalid, the Trademark Office shall publish the invalidation, and the exclusive right to use the trademark is deemed never to have existed. A decision or ruling on declaring a registered trademark invalid shall have no retroactive effect on any judgment, ruling, mediation, or any decision on a trademark infringement case made and already enforced by the people's court, nor on any decision on any trademark infringement case made and already enforced by the administration authority, and nor on any trademark assignment contract or trademark license contract already performed prior to the declaration of the registered trademark invalid. However, the damage caused to other persons in bad faith of the trademark registrant shall be compensated. If not returning the monetary damage for trademark infringement, the fees for trademark assignment, or fees for trademark licensing pursuant to the above provisions, is obviously contrary to the principle of equity,  then the preceding damage or fees shall be returned in whole or in part. Review of Cancellation or Non-Cancellation Decision If the registrant or the cancellation applicant is dissatisfied with the decision of the Trademark Office to cancel or not cancel a registered trademark, it/he may, within fifteen days from receipt of the decision, apply for a review to the Trademark Office. The review proceedings are the same as other review proceedings mentioned above (e.g. review of refusal, review of non-approval), and therefore no details will be repeated here. The Trademark Office will make a review decision within nine months from the date of receipt of the review application and notify the parties concerned. If the parties concerned are dissatisfied with the review decision of the Trademark Office, they may institute legal proceedings with Beijing Intellectual Property Court within thirty days from the receipt of the review decision. Where, at the expiration of the specified period, the parties concerned do not institute legal proceedings against the decision, the review decision of the Office comes into effect. Recusal A member of staff from the Trademark Office shall be recused, on his or her own initiative or upon the request of the parties concerned or any other interested person, from exercising his or her function, where any of the following events occurs: 1) where he or she is a close relative of the party concerned or the agent of the party concerned; 2) where he or she has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination; or 3) where he or she has an interest in the application for trademark registration or other trademark matters at issue. Recent Statistical Data In 2024 China accepted 416,000 applications for various types of trademark reviews and adjudicated 383,000 cases of trademark reviews. In 2023 China accepted 410,900 applications for various types of trademark reviews and adjudicated 373,400 cases of trademark reviews. In 2022 China accepted 422,700 applications for various types of trademark reviews and adjudicated 411,700 cases of trademark reviews. In 2021 China accepted 473,000 applications for various types of trademark reviews and adjudicated 383,000 cases of trademark reviews. In 2020 China accepted 367,000 applications for various types of trademark reviews and adjudicated 358,000 cases of trademark reviews.

Legislation The Patent Law is enacted to protect the legitimate rights of patentees, to encourage inventions-creations, to advance the exploitation of inventions-creations, to enhance innovation capability, and to promote the progress of science and technology and the development of economy and society. Inventions-creations in this article mainly mean designs. Patent Law & Implementing Regulations Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entered into force on April 1, 1985, amended for the first time on September 4, 1992, amended for the second time on August 25, 2000, amended for the third time on December 27, 2008, amended for the fourth time on October 17, 2020 and entered into force on June 1, 2021. Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entered into force on April 1; amended on December 12, 1992 and entered into force on January 1, 1993; and repealed on July 1, 2001. Promulgated June 15, 2001 and entered into force on July 1, 2001, amended for the first time on December 28, 2002, amended for the second time on January 9, 2010, and amended for the third time on December 11, 2023 and entered into force on January 20, 2024.Conventions China became a member of Convention Establishing the World Intellectual Property Organization on June 4, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Patent Cooperation Treaty (PCT) on January 1, 1994, the Regulations under the Patent Cooperation Treaty on January 1, 1994, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on July 1, 1995, the Locarno Agreement Establishing an International Classification for Industrial Designs on September 19, 1996, the Strasbourg Agreement Concerning the International Patent Classification on June 19, 1997, the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001, and the Hague Agreement Concerning the International Registration of Industrial Designs on May 5, 2022. Types of Patents There are three types of patents in China: invention patents, utility model patents and design patents. Design Design means any new design of the shape, the pattern, or their combination, or the combination of the color with shape or pattern, of the whole or a part of a product, which creates an aesthetic feeling and is fit for industrial application. Patent Administration The China National Intellectual Property Administration (CNIPA) is responsible for the patent work throughout the country. It receives and examines patent applications, and grants patents in accordance with the law. The local intellectual property offices in provinces, autonomous regions and municipalities directly are responsible for the administrative work concerning patents in their respective administrative areas. Obtaining a Patent For obtaining a patent, the right holder of invention-creations shall submit a patent application to the CNIPA. After examinations, the CNIPA will grant a patent if the conditions for granting a patent are met. Service Invention-creation An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him mainly by using the material and technical means of the entity is a service invention-creation. "A service invention-creation made by a person in execution of the tasks of the entity to which he belongs" means any invention-creation made (l) in the course of performing his/her own duty; (2) in execution of any task, other than his/her own duty, which was entrusted to him/her by the entity to which he belongs; (3) within one year from his/her retirement, resignation or from termination of his/her employment or personnel relationship with the entity to which he/she previously belonged, where the invention-creation relates to his/her own duty or the other task entrusted to him/her by the entity to which he previously belonged. "The entity to which he belongs" includes the entity in which the person concerned is a temporary staff member. "Material and technical means of the entity" mean the entity's money, equipment, spare parts, raw materials or technical information and materials which are not disclosed to the public, etc. Inventors/Creators/ Designers Creative Contributions "Inventor" or "creator" means any person who makes creative contributions to the substantive features of an invention-creation. Any person who, during the course of accomplishing the design, is responsible only for organizational work, or who only offers facilities for making use of material and technical means, or who only takes part in other auxiliary functions, shall not be considered as inventor or creator. Designer is the inventor or creator of the design that created the novel and ornamental design for an article of manufacture. Designer has the right to be named as such in the patent document. Incentives The entity that is granted a patent shall award to the inventor or creator of a service invention-creation a reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based on the scope of promotion and application and the economic benefits achieved. The entity may, on the manner and amount of the reward and remuneration mentioned above, enter into a contract with the inventor or creator, or provide it in its rules and regulations formulated in accordance with the laws. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the reward, nor has the entity provided it in its rules and regulations formulated in accordance with the laws, it shall, within three months from the date of the announcement of the grant of the patent, award to the inventor or creator of a service invention-creation a sum of money as prize. The sum of money prize for a design patent shall not be less than RMB 1,500 Yuan. Where an invention-creation is made on the basis of an inventor's or creator's proposal adopted by the entity to which he belongs, the entity shall award to him or her a money prize on favorable terms. Where the entity has not entered into a contract with the inventor or creator on the manner and amount of the remuneration as above mentioned, nor has the entity provided it in its rules and regulations in accordance with the laws, it shall award the inventor or creator a reasonable reward in accordance with the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements. The state encourages the entities to implement incentives and adopt methods such as equity, stock options, dividends, etc., to ensure that inventors or creators receive a fair share of the innovation benefits. Right to apply for a patent For a service intention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee. The entity may dispose of its right to apply for a patent and its patent for its service invention-creation in accordance with the law, and promote the implementation and use of the related invention-creation. For a non-service invention-creation, the right to apply for a patent belongs to the designer. After the application is approved, the designer shall be the patentee. In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs, where the entity and the designer have entered into an agreement on the right to apply for and own a patent, such agreement shall prevail. For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee. Co-ownership Where the co-owners of a patent application or a patent have concluded an agreement on the exercising of the right, the agreement shall prevail. In the absence of such agreement, any co-owner may independently exploit the patent or license another party to exploit the patent through non-exclusive license; any fee for the exploitation obtained from licensing others to exploit the patent shall be distributed among the co-owners. Except for the circumstances as provided in the preceding paragraphs, a jointly-owned patent application or patent shall be exercised with the consent of all co-owners. Basic Principles of Application Applying for patents shall follow the principle of good faith. Patent applications shall be filed on the basis of genuine invention-creation activities, and no fraud is allowed. For any identical invention-creation, only one patent shall be granted. Where two or more applicants file applications for patent for the identical invention-creation, the patent shall be granted to the applicant whose application was filed first. (first-to-file rule) Two or more applicants who respectively file, on the same day (referring to the date of filing or the priority date where priority is claimed), patent applications for the identical invention-creation, shall, after receipt of a notification from the CNIPA, hold consultations among themselves to determine the applicant(s). Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. After a patent application is submitted, the type of patent application cannot be changed. For example, an invention patent application can only be an invention patent application in subsequent procedures, reexamination procedures or divisional application procedures, and cannot be changed to a utility model patent application. Unity An application for a patent for design shall be limited to one design. Two or more similar designs for the same product or two or more designs which are incorporated in products belonging to the same class and sold or used in sets may be filed as one application. Where two or more similar designs of the same product are filed in one application, the other designs of the product shall be similar to the main design indicated in the brief specification. The number of similar designs contained in a design patent application shall not exceed 10. The two or more designs belonging to the same class and sold or used in sets mean that, each product incorporating the design belongs to the same class in the classification of products and is customarily sold or used at the same time, and the designs incorporated in each product have the same concept of design. Divisional Applications Where a patent application contains two or more designs, the applicant may file a divisional application: (1) before the expiration of two months from the date of receipt of the allowance notice; (2) before the expiration of three months from the date of receiving the final rejection decision against which the applicant decides not to request re-examination; (3) before the expiration of three months from the date of receiving the affirmed rejection re-examination decision made by the CNIPA against which the applicant decides not to institute an administrative lawsuit; (4) before the effective date of the Court’s final ruling that affirms the rejection decision of the CNIPA in the administrative lawsuit instituted by the applicant; or (5) before the effective date when the application was withdrawn, or was deemed as having been withdrawn and was not revived. However, where a patent application has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed. The divisional application may not change the type of the initial application. A divisional application shall be entitled to the filing date and, if priority is claimed, the priority date of the initial application, provided that the divisional application does not go beyond the scope of disclosure contained in the initial application. If an already-filed divisional application has received a lack of unity objection from the CNIPA, the applicant will obtain the chance to file an additional divisional application based on this already-filed divisional application within a specific timeline which is the same as above items (1)-(5). After the expiration of those time limits, no divisional application can be filed based on the already-filed divisional application which has received a lack of unity objection. Applications Required Confidentiality Where a patent application relates to the interests of national defense and is required to be kept secret, the patent application shall be filed with and examined by the national defense intellectual property office. Where a patent application received by the CNIPA relates to the interests of national defense and is required to be kept secret, the application shall be promptly forwarded to the national defense intellectual property office to carry out the examination. Where it is found after examination by the national defense intellectual property office there is no cause for rejection of the application, the CNIPA shall make a decision to grant the national defense patent. Assignment of a Patent Application The right of patent application may be assigned. Where the right of patent application is assigned, the parties shall conclude a written contract and register it with the CNIPA. The CNIPA shall announce the registration. The assignment shall take effect as of the date of registration. Patent Agency for Patent Applications Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agency. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a legally incorporated patent agency to act as its or his agency. What is Unpatentable No patent shall be granted No patent shall be granted for any invention-creation that is contrary to the laws or social morality or that is detrimental to public interest. Any invention-creation that is contrary to the laws shall not include the invention-creation merely because the exploitation of which is prohibited by the laws. Unpatentable subject matters For the following, no patent shall be granted: designs of two-dimensional printing goods, made of the pattern, the colour or the combination of the two, which serve mainly as indicators. Requirements for granting a patent for design Any design for which a patent may be granted shall not be a prior design, nor has any entity or individual filed before the date of filing with the CNIPA an application relating to the identical design disclosed in patent documents announced after the date of filing. Any design for which a patent may be granted shall significantly differ from prior design or combination of prior design features. Any design for which a patent may be granted must not be in conflict with the legitimate right obtained before the date of filing by any other person. The prior design referred to herein means any design known to the public before the date of filing in China or abroad. Priority Where, within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority. Where, within six months from the date on which any applicant first filed in China an application for a patent for design, he or it files with the CNIPA an application for a patent for the same subject matter, he or it may enjoy a right of priority. Any applicant who claims the right of priority for a design patent shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed. If the applicant fails to make the written declaration or to meet the time limit for submitting the copy of the patent application document, the claim to the right of priority shall be deemed not to have been made. Where the name or title of the applicant who claims the right of priority is not the same as the one recorded in the copy of the earlier application, the applicant shall submit document certifying the assignment of right of priority. If no such document is submitted, the right of priority shall be deemed not to have been claimed. An applicant may claim one or more priorities for a patent application; where multiple priorities are claimed, the priority period for the application shall be calculated from the earliest priority date. Domestic Priority - Further Circumstances When filing a design application, the applicant may claim the domestic priority right of an earlier invention or a utility model application for the same subject matter as the design shown in the drawings. A later application may not claim domestic priority of an earlier application if the subject matter of the earlier application falls under any of the following: (1) where it has claimed foreign or domestic priority; (2) where it has been granted a patent; (3) where it is a divisional application filed as prescribed. Where the domestic priority is claimed, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed, except where the application for a design patent claims an invention or a utility model patent application as the basis for domestic priority. Non-prejudicial disclosure An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for the purpose of public interest when a state of emergency or an extraordinary situation occurs in the country; (2) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; (3) where it was first made public at a prescribed academic or technological meeting; (4) where it was disclosed by any person without the consent of the applicant. The international exhibition recognized by the Chinese Government means the international exhibition that is registered with or recognized by the International Exhibitions Bureau as stipulated by the International Exhibitions Convention. The academic or technological meeting means any academic or technological meeting organized by a competent department concerned of the State Council or by a national academic or technological association, as well as any academic or technological meeting organized by an international organization recognized by a competent department concerned of the State Council. For the situation in the above item (2) or (3), the applicant shall, when filing the application, make a declaration and, within two months from the date of filing, submit certifying documents stating the fact that the invention-creation was exhibited or published and with the date of its exhibition or publication. For the situation in the above item (1) or (4), the CNIPA may, when it deems necessary, require the applicant to submit the relevant certifying documents within the specified time limit. Patent application documents For filing an application for a patent for design, a request, drawings or photographs of the design and a brief specification of the design shall be submitted. Drawings/photographs The relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought. Where a partial design patent application is filed, the applicant shall submit views of the entire product and indicate the content of the claimed part using a combination of broken and solid lines or other methods. Where the applicant seeks protection of colors, drawings or photographs in color shall be submitted. Brief Specification  The brief specification shall indicate the title and the use of the product incorporating the design, the essential feature(s) of the design, and designate a drawing or photograph capable of best showing the essential feature(s) of the design. Where a view of the product incorporating the design is omitted or where concurrent protection for color is claimed, it shall be indicated in the brief specification. Where a design patent application is filed for two or more similar designs incorporated in the same product, one of these designs shall be indicated as the basic design in the brief specification. Where a partial design patent application is filed, the claimed part shall be specified in the brief description, except when the claimed part has been indicated by a combination of broken and solid lines in the views of the entire product. The brief specification shall not contain any commercial advertising and shall not be used to indicate the function of the product. Regarding the class to which that product incorporating the design belongs, the applicant shall refer to the classification of products for designs published by the CNIPA. Date of filing, Application Date The date on which the CNIPA receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing. Withdrawal of applications An applicant may withdraw his or its application for a patent at any time before the patent is granted. When withdrawing a patent application, the applicant shall submit to the CNIPA a declaration stating the title of the invention-creation, the application number and the date of filing. Where a declaration to withdraw a patent application is submitted after the preparations for the publication of the application document has been completed by the CNIPA, the application document shall be published as scheduled. However, the declaration withdrawing the patent application shall be published in the subsequent issue of the Patent Gazette. Amending application documents An applicant may amend his or its application for a patent, but the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs. Examination procedures Filing receipt Where an application for a patent for design submitted to the CNIPA meets the requirements for filing, the CNIPA will issue a filing receipt. Voluntary amendments Within two months from the date of filing, the applicant for a design patent may amend the design application on his or her or its own initiative. Where the applicant amends the application documents after receiving a notification of office action issued by the CNIPA, he or she or it shall make the amendment directed to the defects pointed out by the notification. Preliminary examination If upon preliminary examination the CNIPA finds the application not to be in conformity with the related requirements, it will notify the applicant of its opinions and request him or her or it to state his or her or its observations or to rectify the application within the specified time limit. If the applicant fails to make any response within the specified time limit, the application shall be deemed to have been withdrawn. Where, after the applicant has made his or her or its observations or the rectification, the CNIPA still finds that the application is not in conformity with the related provisions, the application shall be rejected. Allowance Notice Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for design, the CNIPA shall issue an allowance notice/notification to grant a patent for design. Registration and Announcement After the CNIPA issues the allowance notice/notification to grant a patent, the applicant shall go through the formalities for registering a patent grant within two months from the date of receipt of the notification. If the applicant completes the formalities of registration within the time limit, the CNIPA shall make a decision to grant a patent, issue the patent certificate, and announce it. If the applicant does not go through the formalities of registration within the time limit, he or she or it shall be deemed to have abandoned his or her or its right to obtain the patent. The patent for design shall take effect as of the date of the announcement. The CNIPA shall correct promptly the mistakes in the patent announcements and patent pamphlets once they are discovered, and the corrections shall be announced. Evaluation Reports The applicant may request the CNIPA to make an evaluation report of patent at the time of going through the formalities of patent registration. After the announcement of the decision to grant a design patent, the patentee, the interested party, the accused infringer may request the CNIPA to make an evaluation report of patent. The CNIPA shall make a patent evaluation report within two months from receiving of the request for the patent evaluation report, while if the applicant requests a patent evaluation report at the time of going through the formalities of patent registration, the CNIPA shall make the patent evaluation report within two months from the date of the announcement of the grant of the patent. Where two or more persons request for patent evaluation reports in respect of a same design patent, the CNIPA shall make one evaluation report only. Any entity or individual may view or copy the patent evaluation report. Reexamination Where an applicant for patent is not satisfied with the decision of the CNIPA rejecting the application, the applicant may, within three months from the date of receipt of the decision, request the CNIPA to make a reexamination, via filing a request for reexamination, stating the reasons and, when necessary, attaching the relevant supporting documents. The petitioner/applicant may amend the patent application when requesting reexamination or making responses to the notification of reexamination of the CNIPA. But the amendments shall be limited only to remove the defects pointed out in the rejection decision or in the notification of reexamination. Where, after reexamination, the CNIPA finds that the request does not comply with relevant provisions or that the patent application otherwise obviously violates the relevant provisions, it shall request the petitioner/applicant to submit the observations within a specified time limit. If no response is made within the time limit, the reexamination request shall be deemed to have been withdrawn. Where, after the petitioner/applicant has made the observations or amendments, the CNIPA still finds that the request does not comply with the relevant provisions, it shall make a reexamination decision to affirm the rejection. Where, after reexamination, the CNIPA finds that the rejection decision does not comply with the relevant provisions, or that the amended application has removed the defects as pointed out by the rejection decision, it shall make a reexamination decision to revoke the rejection decision, and continue the examination procedure. Where the applicant is not satisfied with the reexamination decision of the CNIPA, it or he may, within three months from the date of receipt of the notification, institute legal proceedings in the people's court. Withdrawal of Reexamination Request At any time before the CNIPA makes its reexamination decision, the petitioner/applicant may withdraw its or his or her reexamination request. Where the petitioner/applicant withdraws its or his or her reexamination request before the CNIPA makes its decision, the procedure of reexamination is terminated. Stay or Suspension Any party involving in a dispute over the ownership of the right of patent application or patent, who has already applied for mediation with the administrative authority for patent affairs or instituted legal proceedings before the people's court, may request the CNIPA to stay/suspend the relevant procedures. Where the CNIPA finds that the reasons for suspension submitted by the requesting party are obviously untenable, it may not suspend the relevant procedures. After entering into force of the mediation made by the administrative authority for patent affairs or the judgment rendered by the people's court, the parties concerned shall request the CNIPA to resume the suspended procedure. If, within one year from the date when the request for suspension is filed, no decision is made on the dispute relating to the ownership of the right to apply for a patent or the patent, and it is necessary to continue the suspension, the party who made the request shall, within the time limit, request to extend the suspension. If, at the expiration of the time limit, no such request for extension is filed, the CNIPA shall resume the procedure on its own initiative. Where, in the trial of civil cases, the people's court has ordered the adoption of preservation measures on the right of patent application or patent, the CNIPA shall suspend the relevant procedure concerning the patent application or patent under preservation on the date of receiving the judgment order and the notification on assisting the execution of the order indicated with the application number or the patent number. At the expiration of the time limit for preservation, if there is no order of the people's court to continue the preservation, the CNIPA shall resume the relevant procedure on its own initiative. The suspension of relevant procedures by the CNIPA refers to the suspension of such procedures as preliminary examination, substantive examination, reexamination of a patent application, granting of patent and the announcement of invalidation of patent; the suspension of the procedures on handling the abandonment of patent, changing or transferring patent or right of patent application, pledge of patent and the cessation of patent before the expiration of its duration. Patent Invalidation Where, starting from the date of the announcement of the grant of the patent by the CNIPA, any entity or individual considers that the grant of the patent is not in conformity with the relevant provisions of the Patent Law, it or he may request the CNIPA to declare the patent invalid. The request for invalidation shall state in detail the grounds for invalidation, making reference to all the evidence as submitted, and indicate the piece of evidence on which each ground is based. After a request for invalidation is accepted by the CNIPA, the petitioner may add reasons or supplement evidence within one month from the date of filing the invalidation request. Additional reasons or evidence submitted after the specified time limit may be disregarded by the CNIPA. The CNIPA shall send a copy of the invalidation request for the patent and copies of the relevant documents to the patentee and invite it or him or her to present its or his or her observations within a specified time limit. The patentee and the petitioner shall, within the specified time limit, make responses to the notification concerning transmitted documents or the notification concerning the examination of the invalidation request sent by the CNIPA. Where no response is made within the specified time limit, the examination of the CNIPA will not be affected. In the course of the examination of a invalidation request, the time limit specified by the CNIPA shall not be extended. Invalidation Grounds For the invalidation request, one of the following grounds may be used: - the designs do not belong to the definition of design pursuant to the Patent Law; - the inventions-creation is contrary to laws, social morality or is detrimental to public interests; - unpatentable subject matters (e.g. designs of two-dimensional printing goods…); - double patenting; - the principle of good faith was not followed in the patent application; for instance, the patent application is not based on genuine invention-creation activities, and the applicant practices fraud; - the design is a prior design or a conflicting application or lacks obviousness in view of the prior design or combination of prior design features; - the design conflicts with the legal rights acquired by others before the filing date; - the relevant drawings or photographs submitted do not clearly indicate the design of the product for which patent protection is sought; - the amendment to a design patent application goes beyond the scope of the disclosure as shown in the initial drawings or photographs; or - the divisional application goes beyond the scope recorded in the initial application. Res judicata Where, after a decision on any request for invalidation of the patent is made, invalidation based on the same reasons and evidence is requested once again, the CNIPA shall refuse to accept it. Voluntary Amendments The patentee for the design patent concerned may not amend the drawings, photographs or the brief specification of the design. Oral Hearing The CNIPA may, at the request of the parties concerned or in accordance with the needs of the case, decide to hold an oral hearing in respect of a request for invalidation. Where the CNIPA decides to hold an oral hearing in respect of a request for invalidation, it will send notifications to the parties concerned, indicating the date and place of the oral hearing to be held. The parties concerned will make response to the notification within the time limit specified in the notification. Where the petitioner fails to make response to the notification of the oral hearing sent by the CNIPA within the specified time limit, and fails to take part in the oral hearing, the request for invalidation shall be deemed to have been withdrawn. Where the patentee fails to take part in the oral procedure, the CNIPA may proceed to examine by default. Withdrawal of Invalidation Request The invalidation petitioner may withdraw the request before the CNIPA makes a decision on it. Where the petitioner withdraws the request or where the request for invalidation is deemed to have been withdrawn before the CNIPA makes a decision, the examination for the invalidation request is terminated. Where, based on the examination work it has done, the CNIPA finds that it is able to make a decision of invalidation or invalidation in part of the patent, the examination procedure shall not be terminated. Settlement In the invalidation proceedings, one party has the right to settle with the other party on their own. Settlement is a voluntary procedure, but not a mandatory procedure. Recusal The parties or other interested parties may request an examiner to recuse if they find that the examiner has certain relationship with the case or the parties that affects the fairness of the examination and trial. Involving Ownership Dispute Where a patent at issue in the invalidation proceedings involves a dispute over ownership, a party of the dispute case may request to participate in invalidation proceedings. If requesting to participate in the invalidation proceedings, the party of the dispute case shall file a request for participating with documents certifying that the ownership dispute case has been accepted by the court or the local intellectual property administrative department. In the invalidation proceedings, the party of the dispute case can file his/her/its opinion for the Panel’s reference. Involving Early Resolution of Drug Patent Disputes The petitioner shall clearly indicate that the case involves the mechanism for early resolution of drug patent disputes in the Request for Invalidation or shall file relevant evidence showing that the invalidation involves the mechanism for early resolution of drug patent disputes in time. Decision for Invalidation Proceedings The CNIPA shall examine the request for invalidation of the patent promptly, make a decision on it and notify the petitioner and the patentee. The decision for invalidation request, either declaring the patent invalid or upholding the patent, shall be registered and announced by the CNIPA. Where the patentee or the petitioner is not satisfied with the decision of the CNIPA declaring the patent invalid or upholding the patent, such party may, within three months from receipt of the notification of the decision, institute legal proceedings in the people's court. Validity of a Patent Invalidation Decision Any patent which has been declared invalid shall be deemed to be non-existent from the beginning. The decision declaring the patent invalid shall have no retroactive effect on any judgment or mediation decision of patent infringement which has been pronounced and enforced by the people's court, on any decision concerning the handling of a dispute over patent infringement which has been complied with or compulsorily executed, or on any contract of patent license or of assignment of patent which has been performed prior to the declaration of the patent invalid. However, the damage caused to other persons in bad faith on the part of the patentee shall be compensated. If not returning of the monetary damage for patent infringement, the fees for exploitation of the patent or fees for the assignment of the patent, pursuant to the above provisions,  is obviously contrary to the principle of equity, all or part of the preceding damage or fees shall be returned. Patent Rights After the grant of a patent for design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, offer to sell, sell or import the product incorporating its or his patented design, for production or business purposes. Other Rights and Obligations The patentee shall pay an annual fee beginning with the year in which the patent was granted. The patentee has the right to affix a patent indication on the patented product or on the package of that product. Making the affixation should be in the manner as prescribed by the CNIPA Exercising patent rights shall follow the principle of good faith. The patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. Where any abuse of patent rights, exclusion or restriction of competition constitutes monopolistic behavior, the Anti-Monopoly Law shall apply. Term of a Patent The term of patent for designs shall be fifteen years, counted from the date of filing. Termination of Patents In any of the following cases, the patent shall terminate before the expiration of its duration: (1) where an annual fee is not paid as prescribed; (2) where the patentee abandons his or its patent by a written declaration. Any termination of the patent shall be registered and announced by the CNIPA. Patent Assignment A patent may be assigned. Where a patent is assigned, the parties shall conclude a written contract and register it with the CNIPA. The CNIPA shall announce the registration. Except for the assignment of the patent, where the patent is transferred because of any other reason (e.g. inheritance), the party concerned shall, accompanied by relevant certified documents or legal papers, request the CNIPA to register the change in the owner of the patent. The patent assignment or transfer shall take effect as of the date of registration. Patent Licensing Any entity or individual exploiting the patent of another shall conclude with the patentee a license contract for exploitation and pay the patentee a fee for the exploitation of the patent, patent exploitation fees or royalties. The licensee has no right to authorize any entity or individual, other than that referred to in the contract, to exploit the patent. Any license contract for exploitation of a patent which has been concluded by the patentee with an entity or individual shall, within three months from the date of entry into force of the contract, be submitted to the CNIPA for recording. Open License Basic Principle Where the patentee voluntarily declares in writing to the CNIPA that he/it is willing to license any entity or individual to exploit his/its patent and specifies the payment method and standard of the royalty, the CNIPA shall make an announcement and implement open licensing. Where the open license declaration is made for a design patent, a patent evaluation report shall be provided. The content of an open license declaration shall be accurate, clear and shall not contain commercial advertising. During the implementation period of the open license, the patent annual fee paid by the patentee shall be reduced or exempted accordingly. Any patentee shall not, by means of providing false materials or concealing facts, make open license declarations or obtain annuity reductions during the open license implementation period. Non-applicable Where any patent falls under any of the following circumstances, the patentee shall not implement open license for the patent: 1) the patent is within the validity term of an exclusive or sole license; 2) the patent is involved in suspension due to disputes over patent application rights or patent ownership, or preservation measures in civil cases; 3) the annuity is not paid as required; 4) the patent is pledged, and the consent of the pledgee is not obtained; or 5) other circumstances that hinder the effective exploitation of the patent. Withdrawal Where the patentee withdraws the open license declaration, it shall be submitted in writing and be announced by the CNIPA. Where the open license declaration is withdrawn by announcement, the validity of the open license granted earlier shall not be affected. Procedures Any entity or individual who wishes to exploit an open-licensed patent may notify the patentee in writing and pay the exploitation fee or royalty in accordance with the announced method and standard for royalty payment to obtain a patent license. Where a patent license is granted via open license, the patentee or the licensee shall record the license with the CNIPA based on written documents that can sufficiently prove the grant of the license. Types The patentee who implements open licensing may grant a general license after negotiating with the licensee on exploitation fee or royalty, but may not grant an exclusive or a sole license for the patent. Disputes Where the parties have disputes over the implementation of an open license, the parties may resolve through negotiation; where the parties are unwilling to negotiate or the negotiation fails, they may request the CNIPA for mediation or institute legal proceedings in the people's court. Pledge Where any patent is pledged, both the pledger and the pledgee shall jointly register the contract of pledge with the CNIPA. Patent Protection After the grant of the patent for design, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, offer to sell, sell or import the product incorporating its or his patented design, for production or business purposes. The scope of protection of the patent for design shall be determined by the design of the product as shown in the drawings or photographs. The brief specification may be used to interpret the design of the product as shown in the drawings or photographs. Where a dispute arises as a result of the exploitation of a patent without the authorization of the patentee, that is, the infringement of the patent of the patentee, it shall be settled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the people's court, or request the administrative authority for patent affairs to handle the matter. Where any infringement dispute relates to a patent for design, the people's court or the administrative authority for patent affairs may ask the patentee or any interested party to furnish an evaluation report of patent made by the CNIPA after having conducted search, analysis and evaluation of the relevant design, and use it as evidence for trying or handling the patent infringement dispute; the patentee or interested party or the accused infringer may also initiatively furnish a patent evaluation report. Prescriptive period for instituting legal proceedings concerning the infringement of patent is three years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act. For details on judicial and administrative remedies, please refer to "Outline of CN Patent System II: Patent Protection". Principles for Administration The CNIPA shall handle any patent application and patent-related request according to law and in conformity with the requirements of being objective, fair, accurate and timely. The CNIPA shall strengthen the construction of a patent information public service system, release patent information in a complete, accurate, and timely manner, provide basic patent data, publish patent gazette on a regular basis, and promote the dissemination and utilization of patent information. Integrity The administrative authority for patent affairs may not take part in recommending any patented product for sale to the public or any such commercial activities. Where the administrative authority for patent affairs violates the provisions of the preceding paragraph, it shall be ordered by the authority at the next higher level or the supervisory authority to correct its mistakes and eliminate the bad effects. The illegal earnings, if any, shall be confiscated. Where the circumstances are serious, the persons who are directly in charge and other persons who are directly responsible shall be given sanction in accordance with law. Where any State functionary working for patent administration or any other State functionary concerned neglects his duty, abuses his power, or engages in malpractice for personal gain, which constitutes a crime, shall be prosecuted for his criminal liability in accordance with law. If the case is not serious enough to constitute a crime, he shall be given sanction in accordance with law. Recusal Where any of the following events occurs, any examiner who conducts examination in the procedures of preliminary examination, substantive examination, reexamination or invalidation shall, on his or her own initiative or upon the request of the parties concerned or any other interested person, be recused from exercising his or her function: (1) where he or she is a near relative of the party concerned or the agent of the party concerned; (2) where he or she has an interest in the patent application or the patent at issue; (3) where he or she has any other kinds of relations with the party concerned or with the agent of the party concerned that may influence impartial examination; (4) in reexamination or invalidation proceedings, where he or she has taken part in the examination of the same application. Confidentiality Until the publication or announcement of a patent application, staff members and other persons involved of the CNIPA have the duty to keep its contents confidential. Dates, Time Limits and Revival/Restoration Date of Filing Where any document is sent by mail to the CNIPA, the date of mailing indicated by the postmark on the envelope shall be deemed to be the date of filing; where the date of mailing indicated by the postmark on the envelope is illegible, the date on which the CNIPA receives the document shall be the date of filing, except where the date of mailing is proved by the party concerned. Where various documents are submitted in electronic form to the CNIPA, the date on which the documents enter the specific electronic system designated by the CNIPA shall be the date of filing. Date of Receipt Where any document is sent by mail by the CNIPA, the 15th day from the date of mailing shall be presumed to be the date on which the party concerned receives the document. Where the party concerned provides evidence proving the date of actual receipt of the documents, the date of actual receipt shall prevail. Where any document is delivered personally in accordance with the provisions of the CNIPA, the date of delivery is the date on which the party concerned receives the document. Where the address of any document is not clear and it cannot be sent by mail, the document may be served by making an announcement. At the expiration of one month from the date of the announcement, the document shall be deemed to have been served. For various documents served in electronic form by the CNIPA, the date on which they enter the electronic system recognized by the party concerned shall be the date of service. Time Limits The date on which the time limit prescribed in the Patent Law and its Implementing Regulations begins shall not be counted in the time limit, and the calculation shall start from the next day. Where the time limit is counted by year or by month, it shall expire on the corresponding day of the last month; if there is no corresponding day in that month, the time limit shall expire on the last day of that month; if a time limit expires on an official holiday, it shall expire on the first working day following that official holiday. Revival or Restoration Force Majeure: Where a time limit prescribed in the Patent Law or these Implementing Regulations or specified by the CNIPA is not observed by a party concerned because of force majeure, resulting in loss of his or her or its rights, he or she or it may, within two months from the date on which the impediment is removed and within two years immediately following the expiration of that time limit request the CNIPA to restore his or her or its rights. Other Justified Reasons: Where a time limit prescribed in the Patent Law or its Implementing Regulations or specified by the CNIPA is not observed by a party concerned because of any other justified reason except for force majeure, resulting in loss of his or her or its rights, he or she or it may, within two months from the date of receipt of a notification from the CNIPA, request the CNIPA to restore his or her or its rights. However, where the time limit for requesting reexamination is not observed, he/she/it may, within two months from the expiration of the time limit for requesting reexamination, request the CNIPA to restore his/her/its rights. Where requesting to restore his or her or its right due to the situations of the above two paragraphs, he or she or it shall submit a request for restoration of his or her or its right, stating the reasons, attaching, if necessary, the relevant certifying documents, pay official fees, and go through the relevant formalities which should have been complied with before the loss of his or her or its right. Where the party concerned makes a request for an extension of a time limit specified by the CNIPA, he or she or it shall, before the time limit expires, file a request for extension of time limit, state the reasons to the CNIPA and go through the relevant formalities. Not-allowed Revival or Restoration The following time limit is not allowed to revive or restore: (1) six months for non-prejudicial disclosure; (2) six months for claiming a priority of design patent application; (3) fifteen years of design patent term; and (4) three years of prescriptive period for instituting legal proceedings concerning the infringement of patent. Files and Patent Register The CNIPA shall keep a Patent Register in which the registration of the following matters relating to patent application or patent shall be made: (1) any grant of the patent; (2) any transfer of the right of patent application or the patent; (3) any pledge of the patent, preservation and release thereof; (4) any patent license contract recorded; (5) any declassification of national defense patents or secret patents; (6) any declaration of patent invalidation; (7) any termination of patent; (8) any restoration of patent; (9) any compensation for patent term; (10) any open license for patent exploitation; (11) any compulsory license for patent exploitation; (12) any change in the name or title, nationality and address of the patentee. Review/copy Files and Register Any person may, after approval by the CNIPA, consult or copy the files of the published or announced patent applications and the Patent Register. Any person may request the CNIPA to issue a copy of extracts from the Patent Register. File Preservation The files of the patent applications which have been withdrawn or deemed to be withdrawn or which have been rejected, shall not be preserved after expiration of two years from the date on which the applications cease to be valid. Where the patent has been abandoned, wholly invalidated or terminated, the files shall not be preserved after expiration of three years from the date on which the patent ceases to be valid. Patent Gazette The CNIPA shall publish the Patent Gazette at regular intervals, publishing or announcing the following: (1) the bibliographic data and the abstract of the description of an invention patent application; (2) any request for substantive examination of an invention patent application and any decision made by the CNIPA to conduct on its own initiative the substantive examination of an invention patent application; (3) any rejection, withdrawal, deemed withdrawal, deemed abandonment, restoration and transfer of an invention patent application after its publication; (4) any grant of patent and the bibliographic data of the patent; (5) the abstract of the description of a utility model patent, one drawing or photograph of a design patent; (6) any declassification of national defense patent or secret patent; (7) any declaration of patent invalidation; (8) any termination or restoration of patent; (9) any compensation for patent term (10) any transfer of patent; (11) any recordal of patent license contract; (12) any pledge of patent, preservation and the release thereof; (13) any matter related to patent open license; (14) any grant of patent compulsory license; (15) any change in the name or title, nationality and address of the patentee; (16) any service of documents by way of making an announcement; (17) any correction made by the CNIPA; and (18) any other related matters. Official Fees When any person files a patent application with, or has other formalities to go through at, the CNIPA, he or she or it shall pay the following fees: (1) filing fee, additional fee for filing an application, printing fee for publishing the application, and fee for claiming priority; (2) fee for substantive examination for an invention patent application, and reexamination fee; (3) annual fee; (4) fee for requesting restoration of right, and fee for requesting extension of time limit; (5) fee for making a change in the bibliographic data, fee for requesting for evaluation report of patent, and fee for requesting for patent invalidation, fee for certifying a copy of patent documents. The applicant shall pay the filing fee, the printing fee for the publication of the application and the necessary additional fee for filing an application within two months from the filing date or fifteen days from the receiving date of filing receipt of the application. If the fees are not paid or not paid in full within the time limit, the application shall be deemed to be withdrawn. Where claiming priority, the applicant shall pay the fee for claiming priority at the same time with the payment of the filing fee. If the fee is not paid or not paid in full within the time limit, the claim for priority shall be deemed not to have been made. For a request for substantive examination or a reexamination, the relevant fee shall be paid within the time limit as prescribed respectively by related regulations. If the fee is not paid or not paid in full within the time limit, the request is deemed not to have been made. When going through the formalities of registration of the grant of patent, the applicant shall pay the annual fee of the year in which the patent is granted. If such fees are not paid or not paid in full within the time limit, the registration of the grant of patent shall be deemed not to have been made. The annual fee of the patent after the year in which the patent is granted shall be paid before the expiration of the preceding year. If the patentee fails to pay or pay in full the fee, the CNIPA shall notify the patentee to pay the fee or to make up the insufficiency within six months from the expiration of the time limit within which the annual fee is due to be paid, and at the same time pay a surcharge. The amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the annual fee of the year within which the annual fee is due to be paid. Where the fee and the surcharge are not paid within the time limit, the patent shall terminate from the expiration of the time limit within which the annual fee should be paid. Where having difficulties in paying the various official fees prescribed, any applicant or patentee may, in accordance with the prescriptions, submit a request for fee reduction to the CNIPA.