AFD China Intellectual Property Law Office

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.    

Legislation The Patent Law is enacted to protect the legitimate rights of the patentee, 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 utility models. 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. Utility Model Utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. 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 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 invention-creation, 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. Inventor 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 utility model 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 inventor. After the application is approved, the inventor 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 inventor 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. Both Filing or Dual Filing Strategy Where an applicant files on the same day applications for both patent for utility model and patent for invention relating to the identical invention-creation, and the applicant declares to abandon the patent for utility model which has been granted and does not terminate, the patent for invention may be granted. Under such strategy, such statement should be included in one application that another patent application for the identical invention-creation has been filed by the same applicant, and similar statement will be included in the request for the another application. Where the CNIPA makes an announcement of the grant of a utility model patent, the statement of the applicant that he or she or it has simultaneously filed an invention patent application shall be announced. Where it is found after examination that there is no cause for rejection of the invention patent application, the CNIPA shall notify the applicant to declare, within the specified time limit, the abandonment of his or her or its utility model patent. If the applicant so declares, the CNIPA shall make the decision to grant an invention patent, and announce at the same time both the grant of the invention patent and the declaration of the applicant to abandon his or her or its utility model patent. If the applicant refuses to abandon his or her or its utility model patent, the CNIPA shall reject the invention patent application. If the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn. The utility model patent terminates from the date of the announcement of grant of the invention patent. Unity An application for a patent for utility model shall be limited to one utility model. Two or more utility models belonging to a single general inventive concept may be filed as one application. Two or more utility models belonging to a single general inventive concept shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those utility models, considered as a whole, makes over the prior art. Divisional Applications Where a patent application contains two or more utility models, 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. Where the CNIPA finds that a utility model patent application filed with it relates to national security or other vital interests other than interests concerning national defense and is required to be kept secret, it shall promptly make a decision on handling it as an application for secret patent and notify the applicant accordingly. The special procedures for the examination and reexamination of application for secret patent as well as the invalidation of secret patent shall be provided for by the CNIPA. 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. Any assignment, by a Chinese entity or individual, of the right of patent application to a foreigner, a foreign enterprise or any other foreign organization shall proceed by going through such formalities that the Chinese assignor shall first submit a technology export application or register the technology export contract with the foreign trade and economic cooperation department of the State Council in accordance with relevant regulations. After receiving the technology export license or technology export contract registration certificate issued by the foreign trade and economic cooperation department of the State Council, it shall go through the assignment registration procedures with the CNIPA. 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. Secrecy review before applying for a patent in a foreign country Where any entity or individual intends to file an application for patent abroad for any utility model made in China, it or he shall request in advance the CNIPA for secrecy review. Any Chinese entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph. The utility model made in China refers to a utility model of which the substantive contents of the technical solution were made within the territory of China. For a utility model, if a patent application has been filed in a foreign country in violation of the aforesaid provisions, it shall not be granted a patent while filing application for patent in China. Where any person, in violation of the above provisions, files in a foreign country a patent application that divulges an important secret of the State, he shall be subject to disciplinary sanction by the competent authority. Where a crime is established, the person concerned shall be prosecuted for his criminal liability according to the law. Request for secrecy review may be (1) filed with the detailed description of the related technical schemes; (2) filed on the basis of a Chinese patent application that has been already filed with the CNIPA; or (3) deemed as filed when the applicant files an international PCT application before the CNIPA as a receiving office. 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. No patent shall be granted for any invention-creation where acquisition or use of the genetic resources, on which the development of the invention-creation relies, is not consistent with the provisions of the laws or administrative regulations. For a utility model made in China, if a patent application has been filed in a foreign country in violation of the provisions that a secrecy review shall be request to the CNIPA before the patent application was filed in the foreign country, it shall not be granted a patent while filing application for patent in China. Unpatentable subject matters For any of the following, no patent shall be granted: (1) scientific discoveries; (2) rules and methods for mental activities. Requirements for granting a patent for utility model Any utility model for which a patent may be granted must possess novelty, inventiveness and practical applicability Novelty means that, the utility model does not form part of the prior art; nor has any entity or individual filed previously before the date of filing with the CNIPA an application relating to the identical utility model disclosed in patent application documents published or patent documents announced after the date of filing. Inventiveness means that, as compared with the prior art, the utility model has substantive features and represents progress. Practical applicability means that, the utility model can be made or used and can produce effective results. The prior art referred to herein means any technology known to the public before the date of filing in China or abroad. Priority Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for utility model, 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 twelve months from the date on which any applicant first filed in China an application for a patent for utility model, 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 utility model patent shall make a written declaration when the application is filed, and submit, within sixteen months from the date of filing the first application, 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 utility model application, the applicant may claim the domestic priority right of an earlier invention application for the same subject matter, and vice versa. 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. Priority Restoration and Correction (New rule since 2024) Where an applicant, exceeding the twelve months priority term for utility model, files with the CNIPA a utility model patent application on the same subject matter, and has justified reasons, he or she or it may, within two months from the date of expiration of the priority term, request restoration of the priority right. Where an applicant for a utility model patent claims a priority right, he or she or it may, within 16 months from the priority date or within four months from the date of filing an application, request adding or correcting the claim for the priority right in the filing request. 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 utility model, a request, a description and its abstract, and claims shall be submitted. Request The request shall state the title of the utility model, the name of the inventor, the name and the address of the applicant and other related matters. Description The description shall set forth the utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the utility model. The description of a utility model patent application shall state the title of the utility model, which shall be the same as it appears in the request. The description shall include (1) technical field, specifying the technical field to which the technical solution for which protection is sought pertains; (2) background art, indicating the background art which can be regarded as useful for the understanding, searching and examination of the utility model, and when possible, citing the documents reflecting such art; (3) contents of the utility model, disclosing the technical problem the utility model aims to resolve and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the utility model; (4) description of figures, briefly describing each figure in the drawings, if any; (5) embodiments of the utility model, describing in detail the optimally selected embodiments contemplated by the applicant for carrying out the utility model; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any. The description of a utility model patent application shall include the drawings showing the shape, structure or their combination of the product for which protection is sought. Claims The claims shall be supported by the description and shall define the scope of the patent protection sought for in a clear and concise manner. The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference signs in the drawings. Such reference signs shall follow the corresponding technical features and be placed in parentheses. The reference signs shall not be construed as limiting the claims. The claims shall have an independent claim, and may also contain dependent claims. The independent claim shall outline the technical solution of a utility model and state the indispensable technical features necessary for resolving its technical problem. The dependent claim shall, by additional technical features, further define the claim which it refers to. Documents Any document submitted shall be in Chinese. The standard scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. 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 utility model may not go beyond the scope of disclosure recorded in the initial description and claims. Incorporation by Reference (New rule since 2024) Where the claims, specification, or a part of the claims or specification of a utility model patent application is omitted or incorrectly submitted, but the applicant has claimed a priority right of an earlier application on the date of filing the application, he or she or it may, within two months from the date of filing the application or within the time limit designated by the CNIPA, make a supplementary submission by referencing the earlier application documents. If the supplementary documents comply with the relevant provisions, the date of submission of the documents submitted for the first time shall be the date of filing. Examination procedures Filing receipt Where an application for a patent for utility model 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 utility model patent may amend the utility model 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 utility model, the CNIPA shall issue an allowance notice/notification to grant a patent for utility model. 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 utility model 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 utility model 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 utility model 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 technical schemes do not belong to the definition of utility model 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. scientific discoveries); - double patenting; - for a utility model made in the territory of China, no request for secrecy review is filed before filing a patent application in a foreign country or region; - 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 utility model does not possess novelty, inventiveness or practical applicability; - the description does not set forth the utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; - the claims are not be supported by the description and fail to define the extent of the patent protection sought for in a clear and concise manner; - the independent claims do not outline the technical scheme of the utility mode and lack the indispensable technical features necessary for the scheme to solve the technical problem; - the amendment to a utility model patent application goes beyond the scope of disclosure recorded in the initial description and claims; - 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 In the course of the examination of the request for invalidation, the patentee for the utility model patent concerned may amend its or his or her claims, but may not broaden the scope of patent protection. Where the CNIPA makes a decision to maintain the validity of the patent or to declare the patent partially invalid on the basis of the amended claims, it shall publish the amended claims. The patentee for the utility model patent concerned may not amend the description or drawings of the patent. 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 utility model, except where otherwise provided for in the Patent Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product,, 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 utility models shall be ten 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. Any assignment, by a Chinese entity or individual, of a patent to a foreigner, a foreign enterprise or any other foreign organization shall proceed by going through such formalities that the Chinese assignor shall first submit a technology export application or register the technology export contract with the foreign trade and economic cooperation department of the State Council. After receiving the technology export license or technology export contract registration certificate issued by the foreign trade and economic cooperation department of the State Council, it shall go through the assignment registration procedures with the CNIPA. 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 utility model 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. Compulsory License Basic Applicable Circumstances Under any of the following circumstances, the CNIPA may, upon the request of an entity or individual which is qualified to exploit the utility model, grant a compulsory license to exploit the patent for utility model: (1) where the patentee, after the expiration of three years from the date of the grant of the patent and the expiration of four years from the date of filing, does not exploit or does not sufficiently exploit the patent without any justified reason; (2) where the exercising of the patent by the patentee is legally determined as an act of monopoly, for the purposes of eliminating or reducing the adverse effects of the act on competition. The insufficient exploitation of the patent mentioned above means the manner or scale of the exploitation of patent by the patentee and/or the licensee authorized cannot satisfy the demands of the domestic market for the patented product or patented process. Special Applicable Circumstances Where a national emergency or any extraordinary state of affairs occurs, or where the public interest so requires, the CNIPA may grant a compulsory license to exploit the patent for utility model. For the purposes of public health, the CNIPA may grant a compulsory license to manufacture a pharmaceutical product which has been granted a patent and export it to countries or regions specified in the relevant international treaties to which China is party.    The pharmaceutical product to which patent has been granted means any patented product, or product directly obtained by a patented process, of pharmaceutical sector needed to address public health problems, including the patented active ingredients necessary for the manufacture of the product and the diagnostic kits needed for its use. Where the utility model for which the patent has been granted involves important technical advance of considerable economic significance in relation to another utility model for which a patent has been granted earlier and the exploitation of the later utility model depends on the exploitation of the earlier utility model, the CNIPA may, upon the request of the later patentee, grant a compulsory license to exploit the earlier utility model. The CNIPA may, upon the request of the earlier patentee, also grant a compulsory license to exploit the later utility model. Where the invention-creation involved in the compulsory license relates to the semi-conductor technology, the exploitation thereof shall be limited only (1) for the purpose of public interest or (2) for the purposes of eliminating or reducing the adverse effects of the act on competition, where the exercising of the patent by the patentee is legally determined as an act of monopoly. Except for compulsory licenses granted for (1) the purposes of eliminating or reducing the adverse effects of the act on competition, where the exercising of the patent by the patentee is legally determined as an act of monopoly; or (2) the purposes of public health, where the CNIPA grants a compulsory license to manufacture a pharmaceutical product which has been granted a patent and export it to countries or regions specified in the relevant international treaties to which China is party, the exploitation of any compulsory license shall be executed predominately for the supply of the domestic market. For (1) where the patentee, after the expiration of three years from the date of the grant of the patent and the expiration of four years from the date of filing, does not exploit or does not sufficiently exploit the patent without any justified reason, or (2) where the invention or utility model for which the patent has been granted involves important technical advance of considerable economic significance in relation to another invention or utility model for which a patent has been granted earlier and the exploitation of the later invention or utility model depends on the exploitation of the earlier invention or utility model, an entity or individual requesting a compulsory license for exploitation shall furnish proof to show that it or he has made requests for authorization from the patentee to exploit its or his patent on reasonable terms and conditions, and such efforts have not been successful within a reasonable period of time. Request and Examination Any entity or individual requesting a compulsory license shall submit to the CNIPA a request for compulsory license, state the reasons thereof, and attach relevant certifying documents. The CNIPA shall send a copy of the request for compulsory license to the patentee, who shall make his or its or her observations within the specified time limit. Where no response is made within the time limit, the CNIPA will not be affected in making its decision. Before making a decision to reject a request for compulsory license or to grant a compulsory license, the CNIPA shall, notify the requesting person and the patentee the decision that is to be made and the reasons thereof. The decision of the CNIPA on granting a compulsory license, for manufacture a pharmaceutical product which has been granted a patent and export it to countries or regions specified in the relevant international treaties to which China is party for the purposes of public health, shall be also in conformity with the provisions of the relevant international treaties on granting compulsory license for the purposes of addressing public health issue, to which China is party, except for provisions on which China has made reservation. Decision and Announcement The decision made by the CNIPA granting a compulsory license for exploitation shall be notified promptly to the patentee concerned, and shall be registered and announced. In the decision granting the compulsory license for exploitation, the scope and duration of the exploitation shall be specified on the basis of the reasons justifying the grant. If and when the circumstances which led to such compulsory license cease to exist and are unlikely to recur, the CNIPA may, after review upon the request of the patentee, terminate the compulsory license. Restriction and Fee Any entity or individual that is granted a compulsory license for exploitation shall not have an exclusive right to exploit and shall not have the right to authorize any others to exploit. The entity or individual that is granted a compulsory license for exploitation shall pay to the patentee a reasonable exploitation fee or royalty, or deal with the issue of exploitation fee or royalty according to relevant provisions of the international treaties to which China is party. Where the exploitation fee or royalty is paid, the amount shall be negotiated by both parties. Where the parties fail to reach an agreement, the CNIPA shall adjudicate. The CNIPA shall make an adjudication within three months from the date of receipt of the request and notify the parties concerned accordingly. Not Satisfied with the Decision Where the patentee is not satisfied with the decision of the CNIPA granting a compulsory license for exploitation, or where the patentee or the entity or individual that is granted the compulsory license for exploitation is not satisfied with the decision made by the CNIPA regarding the exploitation fee or royalty, it or he may, within three months from the date of receipt of the notification, 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 utility model, except where otherwise provided for in the Patent Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product,  for production or business purposes. The scope of protection of the patent for utility model shall be determined by its claims. The description and the drawings may be used to interpret the content of the claims. 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 utility model, 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 utility model, 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) twelve months for claiming a priority of a utility model patent application; (3) ten years of utility model 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.    

Legislation The Patent Law is enacted to protect the legitimate rights of the patentee, 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 inventions. 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. Invention Invention means any new technical solution relating to a product, a process or improvement thereof. 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 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 invention-creation, 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. Inventor 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 an invention patent shall not be less than RMB 4,000 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 inventor. After the application is approved, the inventor 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 inventor 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. Both Filing or Dual Filing Strategy Where an applicant files on the same day applications for both patent for utility model and patent for invention relating to the identical invention-creation, and the applicant declares to abandon the patent for utility model which has been granted and does not terminate, the patent for invention may be granted. Under such strategy, such statement should be included in one application that another patent application for the identical invention-creation has been filed by the same applicant, and similar statement will be included in the request for the another application. Where the CNIPA makes an announcement of the grant of a utility model patent, the statement of the applicant that he or she or it has simultaneously filed an invention patent application shall be announced. Where it is found after examination that there is no cause for rejection of the invention patent application, the CNIPA shall notify the applicant to declare, within the specified time limit, the abandonment of his or her or its utility model patent. If the applicant so declares, the CNIPA shall make the decision to grant an invention patent, and announce at the same time both the grant of the invention patent and the declaration of the applicant to abandon his or her or its utility model patent. If the applicant refuses to abandon his or her or its utility model patent, the CNIPA shall reject the invention patent application. If the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn. The utility model patent terminates from the date of the announcement of grant of the invention patent. Unity An application for a patent for invention shall be limited to one invention. Two or more inventions belonging to a single general inventive concept may be filed as one application. Two or more inventions belonging to a single general inventive concept shall be technically inter-related and contain one or more of the same or corresponding special technical features. The expression "special technical features" shall mean those technical features that define a contribution which each of those inventions, considered as a whole, makes over the prior art. Divisional Applications Where a patent application contains two or more inventions, 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. Where the CNIPA finds that an invention patent application filed with it relates to national security or other vital interests other than interests concerning national defense and is required to be kept secret, it shall promptly make a decision on handling it as an application for secret patent and notify the applicant accordingly. The special procedures for the examination and reexamination of application for secret patent as well as the invalidation of secret patent shall be provided for by the CNIPA. 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. Any assignment, by a Chinese entity or individual, of the right of patent application to a foreigner, a foreign enterprise or any other foreign organization shall proceed by going through such formalities that the Chinese assignor shall first submit a technology export application or register the technology export contract with the foreign trade and economic cooperation department of the State Council in accordance with relevant regulations. After receiving the technology export license or technology export contract registration certificate issued by the foreign trade and economic cooperation department of the State Council, it shall go through the assignment registration procedures with the CNIPA. The assignment shall take effect as of the date of registration. Provisional Protection for Invention Applications After the publication of an invention patent application, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee. 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. Secrecy review before applying for a patent in a foreign country Where any entity or individual intends to file an application for patent abroad for any invention made in China, it or he shall request in advance the CNIPA for secrecy review. Any Chinese entity or individual may file an international application for patent in accordance with any international treaty concerned to which China is party. The applicant filing an international application for patent shall comply with the provisions of the preceding paragraph. The invention made in China refers to an invention of which the substantive contents of the technical solution were made within the territory of China. For an invention, if a patent application has been filed in a foreign country in violation of the aforesaid provisions, it shall not be granted a patent while filing application for patent in China. Where any person, in violation of the above provisions, files in a foreign country a patent application that divulges an important secret of the State, he shall be subject to disciplinary sanction by the competent authority. Where a crime is established, the person concerned shall be prosecuted for his criminal liability according to the law. Request for secrecy review may be (1) filed with the detailed description of the related technical schemes; (2) filed on the basis of a Chinese patent application that has been already filed with the CNIPA; or (3) deemed as filed when the applicant files an international PCT application before the CNIPA as a receiving office. 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. No patent shall be granted for any invention-creation where acquisition or use of the genetic resources, on which the development of the invention-creation relies, is not consistent with the provisions of the laws or administrative regulations. For an invention made in China, if a patent application has been filed in a foreign country in violation of the provisions that a secrecy review shall be request to the CNIPA before the patent application was filed in the foreign country, it shall not be granted a patent while filing application for patent in China. Unpatentable subject matters For any of the following, no patent shall be granted: (1) scientific discoveries; (2) rules and methods for mental activities; (3) methods for the diagnosis or for the treatment of diseases; (4) animal and plant varieties; (5) nuclear transformation methods and substances obtained by means of nuclear transformation. However, processes used in producing animal and plant varieties are patentable subject matters. Requirements for granting a patent for invention Any invention for which a patent may be granted must possess novelty, inventiveness and practical applicability Novelty means that, the invention does not form part of the prior art; nor has any entity or individual filed previously before the date of filing with the CNIPA an application relating to the identical invention disclosed in patent application documents published or patent documents announced after the date of filing. Inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress. Practical applicability means that, the invention can be made or used and can produce effective results. The prior art referred to herein means any technology known to the public before the date of filing in China or abroad. Priority Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention, 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 twelve months from the date on which any applicant first filed in China an application for a patent for invention, 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 an invention patent shall make a written declaration when the application is filed, and submit, within sixteen months from the date of filing the first application, 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 utility model application, the applicant may claim the domestic priority right of an earlier invention application for the same subject matter, and vice versa. 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. Priority Restoration and Correction (New rule since 2024) Where an applicant, exceeding the twelve months priority term for invention, files with the CNIPA an invention patent application on the same subject matter, and has justified reasons, he or she or it may, within two months from the date of expiration of the priority term, request restoration of the priority right. Where an applicant for an invention patent claims a priority right, he or she or it may, within 16 months from the priority date or within four months from the date of filing an application, request adding or correcting the claim for the priority right in the filing request. 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 invention, a request, a description and its abstract, and claims shall be submitted. Request The request shall state the title of the invention, the name of the inventor, the name and the address of the applicant and other related matters. Description The description shall set forth the invention in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention. The description of an invention patent application shall state the title of the invention, which shall be the same as it appears in the request. The description shall include (1) technical field, specifying the technical field to which the technical solution for which protection is sought pertains; (2) background art, indicating the background art which can be regarded as useful for the understanding, searching and examination of the invention, and when possible, citing the documents reflecting such art; (3) contents of the invention, disclosing the technical problem the invention aims to resolve and the technical solution adopted to resolve the problem; and stating, with reference to the prior art, the advantageous effects of the invention; (4) description of figures, briefly describing each figure in the drawings, if any; (5) embodiments of the invention, describing in detail the optimally selected embodiments contemplated by the applicant for carrying out the invention; where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any. Where an invention patent application contains disclosure of one or more nucleotide and/or amino acid sequences, the description shall contain a sequence listing in compliance with the standard prescribed by the CNIPA. Claims The claims shall be supported by the description and shall define the scope of the patent protection sought for in a clear and concise manner. The technical features mentioned in the claims may, in order to facilitate quicker understanding of the claim, make reference to the corresponding reference signs in the drawings. Such reference signs shall follow the corresponding technical features and be placed in parentheses. The reference signs shall not be construed as limiting the claims. The claims shall have an independent claim, and may also contain dependent claims. The independent claim shall outline the technical solution of an invention and state the indispensable technical features necessary for resolving its technical problem. The dependent claim shall, by additional technical features, further define the claim which it refers to. Documents Any document submitted shall be in Chinese. The standard scientific and technical terms shall be used if there is a prescribed one set forth by the State. Where no generally accepted translation in Chinese can be found for a foreign name or scientific or technical term, the one in the original language shall be also indicated. Genetic Resources Where an invention-creation is developed relying on the genetic resources, the applicant shall indicate, in the application documents, the direct and original source of such genetic resources; where the applicant fails to indicate the original source, he or it shall state the reasons thereof. The genetic resources mean the material obtained from such as human body, animal, plant, or microorganism which contains functional units of heredity and is of actual or potential value and the hereditary information developed relying on the use of such material. The invention-creation is developed relying on the genetic resources means that the invention-creation is developed relying on the use of the heredity function of the genetic resources. Where a patent application is filed for an invention-creation the development of which relies on the use of genetic resources, the applicant shall state that fact in the request, and fill in the forms provided by the CNIPA. Biomaterial Deposit Where an invention patent application concerns a new biological material which is not available to the public and which cannot be described in the application in such a manner as to enable the invention to be carried out by a person skilled in the art, the applicant shall, in addition to the other requirements by the Patent Law and its Implementing Regulations, go through the following formalities: (1) depositing a sample of the biological material with a depositary institution designated by the CNIPA before, or at the latest, on the date of filing (or the priority date where priority is claimed), and submit at the time of filing or at the latest, within four months from the date of filing, a receipt of deposit and the viability proof from the depository institution; where they are not submitted within the specified time limit, the sample of the biological material shall be deemed not to have been deposited; (2) including in the application document relevant information of the characteristics of the biological material; (3) indicating, where the application relates to the deposit of a sample of the biological material, in the request and the description the scientific name (with its Latin name) and the title and address of the depositary institution, the date on which the sample of the biological material was deposited and the accession number of the deposit; where, at the time of filing, they are not indicated, they shall be supplied within four months from the date of filing; where after the expiration of the time limit they are not supplied, the sample of the biological material shall be deemed not to have been deposited. Where the applicant for an invention patent has deposited a sample of the biological material, and after the invention patent application is published, any entity or individual that intends to make use of the biological material to which the application relates, for the purpose of experiment, shall make a request to the CNIPA, containing the title or name and address of the requesting person, an undertaking not to make the biological material available to any other person, and an undertaking to use the biological material for experimental purpose only before the grant of the patent. 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 invention may not go beyond the scope of disclosure recorded in the initial description and claims. Incorporation by Reference (New rule since 2024) Where the claims, specification, or a part of the claims or specification of an invention patent application is omitted or incorrectly submitted, but the applicant has claimed a priority right of an earlier application on the date of filing the application, he or she or it may, within two months from the date of filing the application or within the time limit designated by the CNIPA, make a supplementary submission by referencing the earlier application documents. If the supplementary documents comply with the relevant provisions, the date of submission of the documents submitted for the first time shall be the date of filing. Examination procedures Filing receipt, preliminary examination and publication Where an application for a patent for invention submitted to the CNIPA meets the requirements for filing, the CNIPA will accord the date of filing, assign an application number and issue a filing receipt. While further preliminary examination, if the CNIPA finds the application to be in conformity with the related requirements, it shall publish the application promptly after the expiration of eighteen months from the date of filing. 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. Earlier publication Where the applicant requests an earlier publication of his or her or its invention patent application, the CNIPA will, after preliminary examination of the application, publish it immediately, unless it is to be rejected. Deferred examination The applicant may request a deferred examination for its patent application. Voluntary amendments At the time when a request for substantive examination is filed, and within three months after the receipt of the notification on the entry into substantive examination stage issued by the CNIPA, the applicant may amend the invention patent application on his or her or its own initiative. Substantive examination Upon the request of the applicant, made at any time within three years from the date of filing, the CNIPA will proceed to substantively examine the application. If, without any justified reason, the applicant fails to meet the time limit for requesting substantive examination, the application shall be deemed to have been withdrawn. The CNIPA may, on its own initiative, proceed to substantively examine any application for a patent for invention when it deems it necessary. When the applicant requests substantive examination, he or it shall furnish pre-filing date reference materials concerning the invention. For an application for a patent for invention that has been already filed in a foreign country, the CNIPA may ask the applicant to furnish within a specified time limit documents concerning any search made for the purpose of examining that application, or concerning the results of any examination made, in that country. If, at the expiration of the specified time limit, without any justified reason, the documents are not furnished, the application shall be deemed to have been withdrawn. Where the applicant for an invention patent cannot furnish, for justified reasons, the documents concerning any search or results of any examination specified above, he or she or it shall make a statement to the CNIPA and submit them when the documents are available. Where the CNIPA, after it has made the substantive examination of the application for a patent for invention, finds that the application is not in conformity with the provisions of this Law, it shall notify the applicant and request him or it to submit, within a specified time limit, his or its observations or to amend the application. If, without any justified reason, the time limit for making response is not met, the application shall be deemed to have been withdrawn. 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. Where, after the applicant has made the observations or amendments, the CNIPA finds that the application for a patent for invention is still not in conformity with the related provisions, the application shall be rejected. The circumstances where an invention patent application shall be rejected by the CNIPA after substantive examination are as follows: (1) the invention is contrary to laws, social morality or is detrimental to public interests; the acquisition or use of genetic resources on which the invention relies violates the provisions of laws and regulations; the invention is unpatentable subject matters (e.g. scientific discoveries, rules and methods for mental activities…); or involved double patenting issue; (2) the technical schemes do not belong to the definition of invention in the Patent Law; for an invention made in the territory of China, no request for secrecy review is filed before filing a patent application in a foreign country or region; the invention does not possess novelty, inventiveness or practical applicability; the description does not set forth the invention in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; the claims are not be supported by the description and fail to define the scope of the patent protection sought for in a clear and concise manner; where an invention is developed relying on the genetic resources, the applicant failed to indicate, in the application documents, the direct and original source of such genetic resources; where the applicant fails to indicate the original source, he or it failed to state the reasons thereof; or two or more inventions do not belong to a single general inventive concept; the application does not follow the principle of good faith (e.g. not based on genuine invention activities, fraud is found in practice); or the independent claim does not outline the technical solution of an invention and state the indispensable technical features for resolving the technical problem; (3) the amendment to the application goes beyond the scope of disclosure recorded in the initial description and claims; or the divisional application goes beyond the scope of disclosure recorded in the initial application. Third-party’s opinions Any person or entity may, from the date of publication of an invention patent application till the date of announcing the grant of the patent, submit observations to the CNIPA , with reasons therefor, on the application which is not in conformity with the provisions of the Patent Law. Allowance notice Where it is found after substantive examination that there is no cause for rejection of the application for a patent for invention, the CNIPA shall issues the allowance notice/notification to grant a patent for invention. If no grounds for rejection are found in a secret patent application after examination, the CNIPA shall make a decision to grant the secret patent. 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 invention 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. 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 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 technical schemes do not belong to the definition of invention 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. scientific discoveries, rules and methods for mental activities…); - the acquisition or use of genetic resources on which the invention-creation relies violates the provisions of laws and regulations; - double patenting; - for an invention made in the territory of China, no request for secrecy review is filed before filing a patent application in a foreign country or region; - 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 invention does not possess novelty, inventiveness or practical applicability; - the description does not set forth the invention in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; - the claims are not be supported by the description and fail to define the extent of the patent protection sought for in a clear and concise manner; - the independent claims do not outline the technical scheme of the invention and lack the indispensable technical features necessary for the scheme to solve the technical problem; - the amendment to an invention patent application goes beyond the scope of disclosure recorded in the initial description and claims; - 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 In the course of the examination of the request for invalidation, the patentee for the invention patent concerned may amend its or his or her claims, but may not broaden the scope of patent protection. Where the CNIPA makes a decision to maintain the validity of the patent or to declare the patent partially invalid on the basis of the amended claims, it shall publish the amended claims. The patentee for the invention patent concerned may not amend the description or drawings of the patent. 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 invention, except where otherwise provided for in the Patent Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process and use, offer to sell, sell or import the product directly obtained by the patented process, 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 inventions shall be twenty years, counted from the date of filing. Patent Term Compensation Upon examination on the request for patent term compensation filed, the CNIPA shall make a decision to grant patent term compensation and register and announce the matter if it finds that the patent meets the conditions for compensation, and shall make a decision not to grant patent term compensation and notify the patentee if the patent does not meet the conditions for compensation. Compensation for unreasonable delay Where the invention patent is granted after the expiration of four years from the date of filing and after the expiration of three years from the date of requesting substantive examination, the CNIPA may, at the request of the patentee, grant a patent term compensation for the unreasonable delay in the granting process of the invention patent, except for the unreasonable delay caused by the applicant. Where requesting patent term compensation in accordance with the above provisions, the patentee shall file the request with the CNIPA within three months from the date of grant announcement of the patent. The compensation period shall be calculated based on the actual number of days of unreasonable delay in the granting process of the invention patent. The actual number of days of unreasonable delay in the granting process of the invention patent refers to the number of days calculated by deducting the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant from the number of days between the date on which four years have elapsed since the filing date of the invention patent application and on which three years have elapsed since the date of requesting substantive examination and the date of grant announcement of the patent. The following circumstances are reasonable delay: delay caused by reexamination proceedings where patent application documents are granted after being amended in the reexamination proceedings; delay caused by disputes over patent application rights or patent ownership, or preservation measures in civil cases; and (3) delay caused by other reasonable circumstances. Where an applicant applies for both a utility model patent and an invention patent on the same day for the same invention-creation (both-filing or dual-filing strategy) and obtains the invention patent, the patent term of the invention patent shall not be subject to the patent term compensation provisions. The unreasonable delays caused by the applicant include the following circumstances: (1) failure to respond to the notification issued by CNIPA within the specified time limit; (2) requesting a deferred examination; (3) delay caused by the circumstances of incorporation by reference to the priority; (4) other unreasonable delays caused by the applicant. Compensation for New Drug Approval In order to compensate for the time taken for the review and marketing approval of a new drug in China, for invention patents relating to the new drug approved, the CNIPA may, at the request of the patentee, grant patent term compensation. The compensation period shall not exceed five years, and the total effective patent term after the new drug is approved for marketing shall not exceed 14 years. The new drug-related invention patent refers to product patents, manufacture method patents, and medical use patents of the new drug. The request for patent term compensation for a new drug-related invention patent shall meet the following requirements and be filed with the CNIPA within three months from the date of obtaining marketing approval in China for the new drug: (1) where multiple patents exist for the same drug, the patentee can only request patent term compensation for one of those patents; (2) where a single patent pertains to multiple drugs, a request for patent term compensation can only be made for one drug in relation to that patent; (3) the patent is within the patent term and has not obtained any patent term compensation for new drug-related invention patents. The compensation period shall be determined by deducting five years from the number of days between the filing date of the patent application and the date on which the new drug obtains marketing approval in China, on the basis of complying with the compensation period not exceeding five years and the total effective patent term after the new drug is approved for marketing not exceeding 14 years. For a new drug-related invention patent, during the compensation period of patent term, the protection scope of the patent is limited to the technical scheme relating to the new drug and the approved indications thereof; within the protection scope, the patentee enjoys the same rights and undertakes the same obligations as before the patent term compensation. 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. Any assignment, by a Chinese entity or individual, of a patent to a foreigner, a foreign enterprise or any other foreign organization shall proceed by going through such formalities that the Chinese assignor shall first submit a technology export application or register the technology export contract with the foreign trade and economic cooperation department of the State Council. After receiving the technology export license or technology export contract registration certificate issued by the foreign trade and economic cooperation department of the State Council, it shall go through the assignment registration procedures with the CNIPA. 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. Where any patent for invention, belonging to any state-owned enterprise or institution, is of great significance to the interest of the State or to the public interest, the competent departments concerned under the State Council and the people's governments of provinces, autonomous regions or municipalities directly under the central government may, after approval by the State Council, decide that the patented invention be spread and applied within the approved limits, and allow designated entities to exploit that invention. The exploiting entity shall, according to the regulations of the State, pay a fee for exploitation to the patentee. 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. 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. Compulsory License Basic Applicable Circumstances Under any of the following circumstances, the CNIPA may, upon the request of an entity or individual which is qualified to exploit the invention, grant a compulsory license to exploit the patent for invention: (1) where the patentee, after the expiration of three years from the date of the grant of the patent and the expiration of four years from the date of filing, does not exploit or does not sufficiently exploit the patent without any justified reason; (2) where the exercising of the patent by the patentee is legally determined as an act of monopoly, for the purposes of eliminating or reducing the adverse effects of the act on competition. The insufficient exploitation of the patent mentioned above means the manner or scale of the exploitation of patent by the patentee and/or the licensee authorized cannot satisfy the demands of the domestic market for the patented product or patented process. Special Applicable Circumstances Where a national emergency or any extraordinary state of affairs occurs, or where the public interest so requires, the CNIPA may grant a compulsory license to exploit the patent for invention. For the purposes of public health, the CNIPA may grant a compulsory license to manufacture a pharmaceutical product which has been granted a patent and export it to countries or regions specified in the relevant international treaties to which China is party.    The pharmaceutical product to which patent has been granted means any patented product, or product directly obtained by a patented process, of pharmaceutical sector needed to address public health problems, including the patented active ingredients necessary for the manufacture of the product and the diagnostic kits needed for its use. Where the invention for which the patent has been granted involves important technical advance of considerable economic significance in relation to another invention for which a patent has been granted earlier and the exploitation of the later invention or utility model depends on the exploitation of the earlier invention, the CNIPA may, upon the request of the later patentee, grant a compulsory license to exploit the earlier invention. The CNIPA may, upon the request of the earlier patentee, also grant a compulsory license to exploit the later invention. Where the invention-creation involved in the compulsory license relates to the semi-conductor technology, the exploitation thereof shall be limited only (1) for the purpose of public interest or (2) for the purposes of eliminating or reducing the adverse effects of the act on competition, where the exercising of the patent by the patentee is legally determined as an act of monopoly. Except for compulsory licenses granted for (1) the purposes of eliminating or reducing the adverse effects of the act on competition, where the exercising of the patent by the patentee is legally determined as an act of monopoly; or (2) the purposes of public health, where the CNIPA grants a compulsory license to manufacture a pharmaceutical product which has been granted a patent and export it to countries or regions specified in the relevant international treaties to which China is party, the exploitation of any compulsory license shall be executed predominately for the supply of the domestic market. For (1) where the patentee, after the expiration of three years from the date of the grant of the patent and the expiration of four years from the date of filing, does not exploit or does not sufficiently exploit the patent without any justified reason, or (2) where the invention or utility model for which the patent has been granted involves important technical advance of considerable economic significance in relation to another invention or utility model for which a patent has been granted earlier and the exploitation of the later invention or utility model depends on the exploitation of the earlier invention or utility model, an entity or individual requesting a compulsory license for exploitation shall furnish proof to show that it or he has made requests for authorization from the patentee to exploit its or his patent on reasonable terms and conditions, and such efforts have not been successful within a reasonable period of time. Request and Examination Any entity or individual requesting a compulsory license shall submit to the CNIPA a request for compulsory license, state the reasons thereof, and attach relevant certifying documents. The CNIPA shall send a copy of the request for compulsory license to the patentee, who shall make his or its or her observations within the specified time limit. Where no response is made within the time limit, the CNIPA will not be affected in making its decision. Before making a decision to reject a request for compulsory license or to grant a compulsory license, the CNIPA shall, notify the requesting person and the patentee the decision that is to be made and the reasons thereof. The decision of the CNIPA on granting a compulsory license, for manufacture a pharmaceutical product which has been granted a patent and export it to countries or regions specified in the relevant international treaties to which China is party for the purposes of public health, shall be also in conformity with the provisions of the relevant international treaties on granting compulsory license for the purposes of addressing public health issue, to which China is party, except for provisions on which China has made reservation. Decision and Announcement The decision made by the CNIPA granting a compulsory license for exploitation shall be notified promptly to the patentee concerned, and shall be registered and announced. In the decision granting the compulsory license for exploitation, the scope and duration of the exploitation shall be specified on the basis of the reasons justifying the grant. If and when the circumstances which led to such compulsory license cease to exist and are unlikely to recur, the CNIPA may, after review upon the request of the patentee, terminate the compulsory license. Restriction and Fee Any entity or individual that is granted a compulsory license for exploitation shall not have an exclusive right to exploit and shall not have the right to authorize any others to exploit. The entity or individual that is granted a compulsory license for exploitation shall pay to the patentee a reasonable exploitation fee or royalty, or deal with the issue of exploitation fee or royalty according to relevant provisions of the international treaties to which China is party. Where the exploitation fee or royalty is paid, the amount shall be negotiated by both parties. Where the parties fail to reach an agreement, the CNIPA shall adjudicate. The CNIPA shall make an adjudication within three months from the date of receipt of the request and notify the parties concerned accordingly. Not Satisfied with the Decision Where the patentee is not satisfied with the decision of the CNIPA granting a compulsory license for exploitation, or where the patentee or the entity or individual that is granted the compulsory license for exploitation is not satisfied with the decision made by the CNIPA regarding the exploitation fee or royalty, it or he may, within three months from the date of receipt of the notification, 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 invention, except where otherwise provided for in the Patent Law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, and use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes. The scope of protection of the patent for invention shall be determined by its claims. The description and the drawings may be used to interpret the content of the claims. 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. 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. Where no appropriate fee for exploitation of the invention, subject of an application for patent for invention, is paid during the period from the publication of the application to the grant of a patent, prescriptive period for instituting legal proceedings by the patentee to demand the fee is three years counted from the date on which the patentee obtains or should have obtained knowledge of the exploitation of his invention by another person. However, where the patentee has already obtained or should have obtained knowledge before the date of the grant of the patent, the prescriptive period shall be counted from the date of the grant. 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) twelve months for claiming a priority of a patent for invention application; (3) twenty years of invention patent term; and (4) three years of prescriptive period for instituting legal proceedings concerning the infringement of patent; and three years of prescriptive period for instituting legal proceedings by the patentee to demand appropriate fee for exploitation of the invention during the period from the publication of the application to the grant of a 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.  

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 and creations or invention-creations in the China patent law include inventions, utility models, and designs. Patent Law & Implementing Regulations Patent Law: Adopted by the Standing Committee of National People's Congress on March 12, 1984 and entering 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 entering into force on June 1, 2021. Implementing Regulations: Promulgated by the State Council on January 19, 1985 and entering into force on April 1; revised on December 12, 1992 and entering into force on January 1, 1993; and repealed on July 1, 2001. Promulgated on June 15, 2001 and entering into force on July 1, 2001, revised for the first time on December 28, 2002, revised for the second time on January 9, 2010, and revised for the third time on December 11, 2023 and entering into force on January 20, 2024. International 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 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. China 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 under the central government are responsible for the administrative work concerning patents in their respective administrative areas. Types of Patents There are three types of patents in China: invention patents, utility model patents and design patents. How to Obtain a Patent in China: For obtaining a patent, the right holder of invention-creations may directly submit a patent application to the CNIPA. After examinations, the CNIPA will grant a patent if the conditions for granting a patent are met. For the details about obtaining a patent through direct applications under Paris Convention before the CNIPA, please see Outline of CN Patent System – Basics - Invention Patents: https://www.afdip.com/insights/Articles/Patent/2025/0604/2083.html Outline of CN Patent System – Basics - Utility Model Patents: https://www.afdip.com/insights/Articles/Patent/2025/0605/2084.html Outline of CN Patent System – Basics - Design Patents: https://www.afdip.com/insights/Articles/Patent/2025/0604/2082.html This article primarily addresses PCT international patent applications, as well as seeking Chinese invention patent or utility model patent protection through Chinese national phase entry of PCT applications. Why to Obtain Patents in Other Countries Patents are territorial in nature and are only protected in the country where the patent is granted. Where an enterprise has obtained a patent for its invention in its own country but has not obtained a patent in another target country, the invention covered by the patent in its own country will not be protected in that target country. Therefore others in that target country may exploit its invention for free. In such case, the enterprise will have no advantages brought by patent protection in the market of that target country, which will affect the enterprise's competitiveness in that market. In addition, if others have similar patents in the target country, the enterprise may also face the risk of being sued for patent infringement. Therefore, in order to avoid possible disadvantageous situations, an enterprise in any country should consider applying for patents in other target countries outside their own country before exporting their products to such target countries, thereby seeking patent protection and safeguarding their legitimate rights and interests. How to Obtain Patents in Other Countries Invention and utility model owners generally have two options for seeking patent protection and obtaining patents in other countries: - Applying directly to a patent office in a target country or region for patent protection; - Submitting an international patent application in accordance with the Patent Cooperation Treaty ("PCT"), and then entering into each target country/region for their examination and patent grant. Direct Applications To directly apply for patents in a designated country or region, the owner needs to submit a patent application to the relevant authority of the country or region and pay the relevant official fees. After the authority examines and decides to grant patents, the owner may obtain patents. The regions mentioned above include: (1) European Patent Organization (EPOrg): currently having 39 member states, including Albania, North Macedonia, Iceland, Liechtenstein, Monaco, Norway, San Marino, Serbia, Switzerland, Turkey, the United Kingdom and Montenegro, as well as the 27 European Union member states (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden); (2) Eurasian Patent Organization (EAPO): currently having 8 member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan; (3) African Regional Intellectual Property Organization (ARIPO): currently having 22 member states, including Botswana, Cape Verde, Swaziland, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia and Zimbabwe; (4) African Intellectual Property Organization (OAPI): currently having 17 member states, including Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo; (5) Gulf Cooperation Council (GCC): currently having 6 member states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Each of specific countries or regions has different regulations and costs. Generally, the costs in developed countries are higher, and the costs in developing countries are lower. Please contact us directly when you have such needs. This article focuses on international applications, and filing direct applications will be discussed in another article separately. PCT International Applications The PCT currently has 158 contracting states. For a list of the contracting states, please see: https://www.wipo.int/en/web/pct-system/pct_contracting_states Through the PCT route, an applicant can simultaneously seek patent protection for its invention in numerous PCT contracting states by filing a single PCT international patent application; then the application enters the national/regional phase in each country or region and goes through the patent examination and grant process with each corresponding patent office for patent grant. Direct Application vs. International Application There are advantages and disadvantages to applying for patents directly abroad or through international applications. Direct Application: The prosecution process is relatively simple, with a shorter grant time and lower fees. However, applications must be filed one by one separately in the languages of the target countries, and the filing period is shorter (within the 12-month priority period). PCT International Application: The filing process is simplified, requiring only one international application. Before entering into national/regional phases, you can refer to the international search report to assess the novelty and inventiveness of your invention, increasing your chances of obtaining a patent. However, the whole process is slightly longer than filing a direct application, and there are additional international phase fees. The specific advantages are explained in more detail below. If you need to file a PCT international application and seek international protection for your invention, please contact us directly. PCT International Patent Application The PCT (Patent Cooperation Treaty) international application is an international patent application process based on the Patent Cooperation Treaty, administered by the World Intellectual Property Organization (WIPO), and participated by the authorities of all contracting countries. Its purpose is to provide applicants with a more efficient way to seek patent protection in multiple countries simultaneously, streamlining the application process. The PCT international patent application procedure consists of an international phase and a national/regional phase: In the international phase, the applicant files a PCT international application. The WIPO International Bureau publishes the application and the search report conducted by the International Searching Authority. In the national/regional phase, the applicant, based on the international application, submits a request for entry into a specific designated country or region. The relevant authority of that country or region then examines the application and decides whether to grant the patent. International Phase Filing an International Application An applicant must submit a PCT international application to a PCT receiving office. Application documents must be in the prescribed language(s). The PCT receiving office is typically the patent office of the applicant's home country. For Chinese applicants, the CNIPA serves as the receiving office and accepts application documents in both Chinese and English. PCT international applications may enjoy priority. If a claim of priority is made in an international application, the PCT international application must be filed with the receiving office within 12 months of the earliest priority date (the filing date of the earliest prior application). The international phase of a PCT international application begins on the date when the application is filed with the receiving office, i.e. the application date (also called filing date). International Search When an applicant files an international application, an International Searching Authority (ISA) is designated. This ISA conducts a search on the international application and issues a search report and a written opinion. This search report provides only a preliminary assessment of the novelty, inventive step, and industrial applicability of the invention and does not have any binding legal effect in the designated countries/regions. Article 19 Amendment: After receiving the international search report, the applicant may amend the claims. The time limit for such amendments is two months from the date of transmittal of the international search report or 16 months from the priority date, whichever is later. International Publication The International Bureau of WIPO publishes the application documents and related information of the international application ("international publication"), typically eighteen months from the priority date. If you wish to have your international application published earlier, you may file a request for early publication with the International Bureau and pay an additional publication fee. International Preliminary Examination (Optional) International preliminary examination is not a mandatory procedure. This procedure requires an official fee, and the international preliminary examining authority (IPEA) will ultimately issue an international preliminary examination report (International Preliminary Report on Patentability, IPRP). This report also provides a preliminary, non-legally binding opinion on the novelty, inventive step, and industrial applicability of the invention. Article 34 Amendment: At the stage of requesting international preliminary examination, applicants may amend all application documents. The deadline for making amendments is either concurrently with the submission of the request for international preliminary examination or before the examiner completes the international preliminary examination report. The deadline for filing an international preliminary examination request is three months from the date of transmittal of the international search report or the date of declaration of non-preparation of an international search report, or twenty-two months from the earliest priority date, whichever expires later. Applicants may decide whether to request so based on their needs. Normally this examination is not necessary for many applicants since they can see the preliminary assessment of the novelty, inventive step, and industrial applicability of the invention from the international search report (ISR) by ISA. However, through this procedure, an applicant can amend claims and other application documents based on the opinions on the novelty, inventive step, and industrial applicability in ISR, and seek further opinions on the novelty, inventive step, and industrial applicability of the amended claims in IPRP, which may be necessary for some applicants. For an international application without the international preliminary examination request, which is called international application under Chapter I, the international phase ends after the International Bureau of WIPO publishes the international application and the international search report. For an international application with the international preliminary examination request, which is called international application under Chapter II, the international phase ends after the International Bureau of WIPO publishes the international application, the international search report, and the preliminary examination report. When to Enter National/Regional Phases Entering national/regional phases is necessary for PCT route. After completing the formalities for entering the national phase of an international application in a target country or region, the patent office of that country or region will conduct a substantive examination and decide whether to grant the patent. Entry Deadline Most member countries allow applicants to enter the national or regional phase within 30 months from the earliest priority date, and some others allow 31 months but a few have different deadlines. Thirty months from the priority date: China, Austria, Brazil, Canada, Switzerland, Chile, Spain, Israel, Italy, Japan, Mexico, Malaysia, the African Intellectual Property Organization, Singapore, the United States, etc.; Thirty-one months from the priority date: Australia, Belarus, Germany, Denmark, the European Patent Organization, Finland, the United Kingdom, Indonesia, India, South Korea, Norway, New Zealand, Sweden, Thailand, etc.; A few countries may have earlier deadlines or later deadlines than 30 or 31 months for national/regional phase entry. Please see: https://www.wipo.int/en/web/pct-system/texts/time_limits Benefits of the PCT Route Simplified Procedures The PCT allows applicants to seek patent protection in multiple countries by filing a single international application. Based on this single international application, the applicant enters multiple national phases respectively. These countries acknowledge the international application documents submitted during the PCT filing and application numbers, and conduct examination for patent grant. Chinese applicants can prepare their application documents in either Chinese or English and submit international applications to the CNIPA. The CNIPA, acting as the Receiving Office, International Searching Authority, and International Preliminary Examining Authority, accepts PCT international applications filed by Chinese citizens, residents or entities, or residents or entities in Hong Kong, Macao, and Taiwan regions. More Time for Preparation Direct applications under Paris Convention require filing a patent application in a foreign country within twelve months from the priority date. With the PCT route, applicants can complete their preparations for entry into the designated countries or regions within thirty months (thirty one months in some countries, less months for a few countries, see above) from the priority date. This allows more time to prepare necessary funds for the national phases and make necessary assessments. Unified Application Documents The international application documents filed at international phase and published by the International Bureau will be used in multiple designated countries or regions for national/regional phases, thereby achieving uniformity in the application documents in various countries/regions. Early Patentability Assessment In the international phase, from the international search report and written opinions, applicants can have an early assessment of the patentability of the invention and then based on it make a final decision on whether it is worth to pay high expenses for continuing national phases. Applicants may amend the claims accordingly either in the international phase or later in the national phases, to increase the chances of patent grant in the national phases. Applicants with special needs can also further request preliminary examination in the international phase and amend the claims. The preliminary examination opinions on the amended claims would help applicants further assess the patentability of the amended claims and then determine whether to enter the national phases. Comparison with Direct Applications An example of the simplified timeline comparison of the direct application (Paris Convention) and PCT international application procedures is shown below.   PCT International Application: Month 0: Filling of a Domestic Application Month 12: Filing of a PCT Application Month 16: Receiving of the International Search Report and Written Opinions Month 18: International Publication Month 22 (Optional): Submission of a Demand for International Preliminary Examination Month 28 (Optional): Receiving of the International Preliminary Report on Patentability Month 30: National Phase Entry   Direct Application under Paris Convention Month 0 -> Month 12: National Phase Entry Chinese National Phase This section will discuss about the conditions and procedures for Chinese national phase entry of PCT international patent applications (“PCT application”). Entry into Chinese National Phase The prerequisites for a PCT application to enter the Chinese national phase are that a valid PCT application has been submitted in the international phase in which China is designated, and this PCT application has been published by WIPO. Application Date A PCT application that has an international Application date and designates China under the Patent Cooperation Treaty is deemed as a patent application filed with the CNIPA, and that international Application date shall be deemed as the application date of the Chinese patent application. Entry Deadline The applicant of a PCT application must complete the procedures for entering the Chinese national phase with the CNIPA within thirty months from the priority date. If the applicant fails to complete the procedures within this period, it or he or she can complete the procedures for entering the Chinese national phase within thirty two months from the priority date after paying a grace period fee. Entry procedures For entering into Chinese national phase, the following requirements must be met: (1) Submitting an Application Form in Chinese including a written declaration of entry into the Chinese national phase, stating the international application number and the type of patent sought; (2) Paying the application fee and publication printing fee; if entering within 32 months, additionally paying the grace period fee; (3) If the PCT application is filed in a foreign language, submitting a Chinese translation of the description and claims of the original PCT application; (4) Indicating the title of the invention, name and address of the applicant and name of the inventor in the written declaration of entry into the Chinese national phase, which shall be consistent with the records of the International Bureau; if the inventor is not stated in the PCT application, stating the name of the inventor in the above declaration; (5) If the PCT application is filed in a foreign language, submitting a Chinese translation of the abstract; if there are drawings and abstract drawing, submitting a copy of the drawings and specifying the abstract drawing; if there are texts in the drawings, replacing them with the corresponding Chinese texts; (6) If the applicant has been changed in the international phase with the International Bureau, providing supporting materials proving that the changed applicant has the application rights, if necessary; (7) Paying additional fee if necessary. When entering into Chinese national phase, applicants must select the type of patent, invention or utility model patent application, for the Chinese national phase application. After the entry procedures are completed, the application will undergo examination, with the specific process depending on the selected type of patent. Where the requirements of items (1) to (3) above are met, the CNIPA shall assign an application number, specify the date on which the PCT application enters the Chinese national phase (“entry date)), and notify the applicant that its PCT application has entered the Chinese national phase. Where the PCT application has entered the Chinese national phase but does not meet the requirements of items (4) to (7) above, the CNIPA shall notify the applicant to make rectifications within a specified time limit; if the rectifications are not made within the time limit, the national phase application shall be deemed withdrawn. Termination of validity The validity of a PCT application in China shall terminate if any of the following circumstances occurs: (1) The PCT application is withdrawn or deemed withdrawn in the international phase, or the designation of China in the PCT application is withdrawn; (2) The applicant fails to complete the procedures for entering the Chinese national phase within 32 months from the priority date; (3) The applicant requests to enter into the Chinese national phase but still fails to meet the requirements of items (1) to (3) of the above entry procedures until the expiration of 32 months from the priority date. If the validity of a PCT application in China is terminated due to the circumstance in the above item (1), the applicant cannot revive the application on the grounds of force majeure or other justifiable reasons. If the validity of a PCT application in China is terminated due to the circumstance in the above item (2) or (3), the applicant cannot revive the application on the grounds of other justifiable reasons. Review If a PCT application is not accorded an international application date or is deemed withdrawn by an international authority in the international phase, the applicant may, within two months from the date of receipt of the notification, request the International Bureau to transmit a copy of any document in the PCT application file to the CNIPA, and meanwhile request to enter the Chinese national phase with the CNIPA. Upon receipt of the documents transmitted by the International Bureau, the CNIPA shall review the correctness of the decision made by the international authority. Amendments in the International Phase Where a PCT application has been amended in the international phase and the applicant requests that the application be examined based on the amended application documents, the applicant shall submit a Chinese translation of the amended parts within 2 months from the date of entry. If a Chinese translation is not submitted within this period, the CNIPA will not consider the amendments submitted by the applicant in the international phase. Non-Prejudicial Disclosure Where the invention involved in the PCT application falls under one of the circumstances listed in item (2) (i.e., first exhibited at an international exhibition sponsored or recognized by the Chinese government) or item (3) (first published at a prescribed academic conference or technical conference) of the non-prejudicial disclosure provisions of Article 24 of the Patent Law, and a declaration was made when filing the PCT application, the applicant shall explain this in the written declaration of entry into the Chinese national phase and submit relevant supporting documents within two months from the date of entry. Where no explanation is made or no supporting documents are submitted within the deadline, the application shall not be subject to the provisions on non-prejudicial disclosure. Deposit of Biological Material Where an applicant has provided information regarding the deposit of biological material in accordance with the Patent Cooperation Treaty, the applicant is deemed to have satisfied the requirements for providing information regarding the biological material in the application and description. The applicant must indicate the document recording the deposit of the biological material and the specific location of the information in such document in the declaration of entry into the Chinese national phase. Where an applicant has provided information regarding the deposit of biological material in the description of the originally filed international application but has not provided such information in the declaration of entry into the Chinese national phase, the applicant must make a rectification within four months from the entry date. Where no rectification is made within the specified period, the biological material will be deemed not to have been deposited. Where an applicant submits a certificate of deposit of biological material and a certificate of viability to the CNIPA within four months from the entry date, the submission will be deemed to have been made within the specified time limit. Genetic Resources Where the invention-creation involved in the international application is developed relying on genetic resources, the applicant must indicate this in the written declaration of entry into the Chinese national phase and indicate the related information in the relevant form. Priority Where an applicant has claimed one or more priorities in the international phase, and such priority claims continue to be valid upon entry into the Chinese national phase, a written declaration shall be deemed to have been made for the Chinese national phase application in accordance with the regulations. The applicant shall pay the priority claim fee within two months from the entry date. Where the fee is not paid or not fully paid by the deadline, the priority claim shall be deemed not to have been made. Where an applicant has submitted a certified copy of the prior application documents in the international phase, it is not necessary to submit a certified copy of the prior application documents to the CNIPA when entering the Chinese national phase. If an applicant has not submitted a certified copy of the prior application documents in the international phase, the CNIPA may, if it deems it necessary, notify the applicant to submit the copy within a specified time limit. If the applicant fails to submit the copy within the specified time limit, the priority claim shall be deemed not to have been made. Where the filing date of the PCT application is within two months from the expiration of the priority period, and the Receiving Office in the international phase has approved the restoration of the right of priority, the request for restoration of the right of priority shall be deemed to have been made for the Chinese national phase application in accordance with the regulations. Where the applicant has not requested restoration of the right of priority in the international phase, or if a request for restoration of the right of priority has been made but the Receiving Office has not approved it, the applicant may, if having justifiable reasons, request restoration of the right of priority with the CNIPA within two months from the entry date. Early processing Where an applicant requests the CNIPA to process and examine a PCT application in advance before the expiration of 30 months from the priority date, in addition to completing the formalities for entering the Chinese national phase, the applicant shall also make a clear request for early processing. Where the International Bureau has not yet transmitted the international application to the CNIPA, the applicant shall submit a confirmed copy of the international application. Amendments at entry When completing the formalities for entering the Chinese national phase, the applicant may amend the PCT application documents under PCT Article 28 or 41. Where the applicant finds that there are errors in the Chinese translation of the submitted description, claims or drawings, it or he or she may submit corrections based on the original international application text within the following prescribed time limits: (1) before the CNIPA completes the preparations for publishing the invention patent application or announcing the utility model patent; and (2) within three months from the date of receipt of the notice issued by the CNIPA that the invention patent application has entered the substantive examination stage. Unity Where in the international phase, the International Searching Authority or International Preliminary Examining Authority determines that the international application does not meet the unity requirement under PCT, and the applicant fails to pay the required additional fees, resulting in certain parts of the international application not undergoing international search or international preliminary examination, if upon entering the Chinese national phase, the applicant requests that these parts serve as the basis for examination, and the CNIPA determines that the International Searching Authority or International Preliminary Examining Authority's determination of unity of invention is correct, it shall notify the applicant to pay the fee for restoring unity within a specified time limit. If the fee is not paid by the deadline or is not paid in full, these parts of the international application that have not undergone international search or international preliminary examination will be deemed withdrawn. Entry Notice After the applicant goes through the formalities for entering the Chinese national phase, if the CNIPA, upon examination, determines that the application complies with the relevant regulations, it shall issue a Notice of Entry into the Chinese National Phase, specifying the national application number and the entry date for the Chinese national phase. Divisional Applications If an international application contains two or more inventions or utility models, the applicant may, after entry, file a divisional application before the expiration of the two-month period for registration of the patent grant, or while the parent application is still in effect. A divisional application shall not be filed if the parent application has been rejected, withdrawn, or deemed withdrawn. Scope of Protection With respect to a patent granted for the Chinese nation phase of a PCT application, where, due to an error in the translation, the scope of protection of the patent defined by the claims and interpreted by the description and drawings exceeds the scope expressed in the original text of the international application, the scope of protection limited by the original text shall prevail; where the scope of protection is narrower than the scope expressed in the original text of the international application, the scope of protection as granted shall prevail. Utility Model Applications Where an applicant selects to obtain a utility model patent when entering the Chinese national phase of a PCT application, the procedures after the CNIPA issues the Notice of Entry of the International Application into the Chinese National Phase are the same as those for ordinary utility model patent applications. Voluntary Amendments An applicant may voluntarily make amendments to a utility model patent application within two months from the entry date. When making amendments to application documents after receiving an office action from the CNIPA, the applicant must address any deficiencies raised in the actions. Preliminary Examination Upon preliminary examination, where the CNIPA finds that the application is not in compliance with the related regulations, it shall notify the applicant of the issues identified and request the applicant to submit the observation and/or make amendments to overcome the issues within a specified time limit. If the applicant fails to respond without justifiable reasons within the specified time limit, the application shall be deemed withdrawn. If, after the applicant submits observation and/or makes amendments, the CNIPA still finds that the application is not in compliance with the related regulations, it shall issue a rejection decision. If the applicant is dissatisfied with the CNIPA's rejection decision, they may request a reexamination within three months of receipt of the rejection decision. Patent Grant If finding no grounds for rejection in the preliminary examination, the CNIPA shall issue an allowance notice, i.e. a Notice of Grant of Utility Model Patent. Registration and Announcement After the CNIPA issues an allowance notice, the applicant must go through the registration procedures within two months of receipt of the notice. If the applicant completes the registration procedures on time, the CNIPA will make a decision to grant a patent, issue a utility model patent certificate, and simultaneously register and announce the patent grant. Failure to complete the registration procedures by the deadline will be deemed a waiver of the right to obtain the patent. A utility model patent takes effect from the date of announcement. Other For information on application withdrawal, reexamination of a rejection decision, invalidation proceedings, utility model patent evaluation reports, patent maintenance, termination, assignment/transfer, licensing, etc., please see: Outline of CN Patent System – Basics - Utility Model Patents: https://www.afdip.com/insights/Articles/Patent/2025/0605/2084.html Invention Applications Where an applicant selects to obtain an invention patent when entering the Chinese national phase of a PCT application, the procedures after the CNIPA issues the Notice of Entry of the International Application into the China National Phase are the same as those for ordinary invention patent applications. Voluntary Amendments As ordinary invention applications, Chinese national phase invention applications may be voluntarily amended when requesting substantive examination and within three months from the date of receiving the Notice of Entry into the Substantive Examination Stage from the CNIPA. Preliminary Examination After the CNIPA issues the Notice of Entry into the Chinese National Phase, the national phase application goes into preliminary examination procedure. Upon preliminary examination, where the CNIPA finds that the application is not in compliance with the related regulations, it shall notify the applicant of the issues identified and request the applicant to make rectifications within a specified time limit. Failure to make rectifications within the specified time limit without justifiable reasons will result in the application being deemed withdrawn. Where, after preliminary examination, finding that the application is in compliance with the related regulations, the CNIPA shall notify the applicant of such result and the next publication procedure. Publication After the preliminary examination procedure, the application enters the publication stage and will be published in the Patent Gazette. If the PCT application is filed in a language other than Chinese, a Chinese translation of the application documents will be published. Provisional Protection Publication of an invention patent application triggers its provisional protection, in accordance of which, after the publication, the applicant may require an entity or individual exploiting the invention to pay an appropriate fee. Where the PCT application is published in Chinese by WIPO, the provisions of such provisional protection will apply from the date of international publication or the date of publication by the CNIPA, whichever is earlier. Where the PCT application is published by WIPO in a language other than Chinese, the provisions of such provisional protection will apply from the date of publication by the CNIPA. Subsequent Procedures Subsequent procedures are the same as those for ordinary invention patent applications, such as the following: Submission of a request for substantive examination, and substantive examination; Notice of Grant, registration of grant, and grant announcement; Decision of Rejection, and reexamination of the Decision of Rejection; Procedure for requesting patent invalidation; and Patent maintenance, patent termination, transfer, licensing, and bibliographical change. For more details, please see: Outline of CN Patent System – Basics - Invention Patents: https://www.afdip.com/insights/Articles/Patent/2025/0604/2083.html III. National Phase in Other Countries Generally entering a PCT international application in another target country or region is similar to entering the national phase in China, for which an applicant shall, pursuant to the relevant provisions of the law in that country, file a request with necessary documents required by the patent office of the particular country, pay official fees and go through all necessary procedures with the patent office for obtaining patent grant. The specific substantive examination and procedures for national/regional phase applications generally are also similar to those for direct applications under Paris Convention in the same country or region.

As core necessities that concern the national economy and people’s livelihoods, the importance of pharmaceutical products is self-evident. Whether it is tackling emerging complex diseases or meeting the everyday medication needs of the general public, pharmaceutical products play an indispensable role. However, the process of developing new drugs is lengthy and fraught with challenges. It requires massive financial investment, extensive human resources, and material inputs, while faces an extremely low success rate. This often leads to prohibitively high prices for new drugs, placing them out of reach for many patients. Meanwhile, generic drugs, with their affordability and high accessibility, have become an important option for reducing healthcare costs and meeting public medication needs. However, balancing the encouragement of drug innovation and the protection of original drug patents - and meanwhile promoting generic drug development and effectively preventing substantial economic losses due to patent infringement disputes - has become a critical challenge that demands proper resolution. To safeguard the legitimate rights and interests of drug patent holders, incentivize new drug research, and foster the development of high-quality generic drugs, China has established both an Early Resolution Mechanism for Drug Patent Disputes and a patent term compensation system for drug patents in recent years. This article aims to introduce readers to the Early Resolution Mechanism for Drug Patent Disputes (also known as the drug patent linkage system) along with several Supreme Court cases, with the hope of aiding readers’ understanding of this framework. Early Resolution Mechanism for Drug Patent Disputes According to the Medicinal Product Administration Law of China, drugs to be marketed in China shall be subject to the approval of the drug regulatory department of the State Council, and registration certificates shall be obtained for them. Enterprises or research institutions that obtain a drug marketing authorization certificate are designated as the marketing authorization holders. They are responsible for the nonclinical laboratory studies, clinical trials, manufacture, distribution, post-market studies, and surveillance, reporting, and disposition of adverse reactions, among others, of medicinal products in accordance with the provisions of this Law. Any other entity or individual engaged in the research and development, manufacture, distribution, storage, transportation, or use, among others, of medicinal products shall assume corresponding responsibility in accordance with the law. The Fourth Amendment to the Patent Law in 2020, which took effect on June 1, 2021, introduced key revisions, with Article 76 explicitly establishing the legal principles for resolving drug patent disputes: In the process of review and approval of drug marketing, if a dispute arises between the applicant for drug marketing authorization and the relevant patentee or interested party due to the patent of the drug applied for registration, the relevant party may file a lawsuit with the people’s court and request a judgment on whether the drug-related technical solution applied for registration falls within the scope of protection of the patent of others’ drugs. The drug regulatory department under the State Council may, within the prescribed time limit, make a decision on whether to suspend the approval of the marketing of relevant drugs based on the effective judgment of the people’s court. The applicant for drug marketing authorization and the relevant patentees or interested party may also request the patent administration department under the State Council for an administrative ruling on the dispute over patents related to the drug applied for registration. The drug regulatory department under the State Council, in conjunction with the patent administration department under the State Council, shall formulate specific measures for the connection of patent dispute resolution at the stage of drug marketing license approval and drug marketing license application, which shall be implemented after the approval of the State Council. In 2021, the National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly formulated the Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes (Trial Implementation) (link: https://www.afdip.com/China_IP_Laws/Patent/Rules/2025/0718/2118.html) (hereinafter referred to as the “Resolution Mechanism”), which was promulgated and implemented on July 4, 2021. This Resolution Mechanism establishes a concrete connection framework to bridge drug marketing authorization approval with patent dispute resolution during the drug marketing application stage. The following sections will provide a detailed introduction to the Resolution Mechanism. Patent Information Registration for Marketed Drugs and Declaration for Genetic Drugs 2.1 China’s Patent Information Registration Platform for Marketed Drugs The Resolution Mechanism first introduced the “China’s Patent Information Registration Platform for Marketed Drugs” (hereinafter referred to as “Patent Information Registration Platform”) to facilitate the connection between drug marketing authorization approvals and the resolution of patent disputes during the application phase for drug marketing authorization. The medical products administration of the State Council is responsible for the establishment of the Patent Information Registration Platform so that marketing authorization holders for drugs may register patent information on drugs registered and marketed in China. The national drug evaluation institution is responsible for maintaining the Patent Information Registration Platform, and for disclosing the patent information on drugs that have been approved for marketing. The Resolution Mechanism shall apply only to the disputes with patent information registered on the platform. 2.2 Registration by Marketing Authorization Holder A marketing authorization holder for drugs shall, within 30 days of obtaining the drug registration certificate, independently register the drug name, dosage form, specifications, marketing authorization holder, relevant patent number, patent title, patentee, patent licensee, patent grant date, and patent term expiration date, patent status, patent type, correspondence between the drug and relevant patent claims, mailing address, contact person, and contact information, etc. Where the relevant information changes, the marketing authorization holder shall complete the update within 30 days after the change takes effect. The marketing authorization holder for drugs shall be responsible for the authenticity, accuracy, and completeness of the relevant information registered by it, and shall verify and handle in a timely manner the relevant oppositions received and record them. The registration information shall be consistent with the information in the patent register, patent gazette, and drug registration certificate. The patent for medical use shall be consistent with the indications or functions in the instructions of the approved drug. The protection scope of the relevant patent shall cover the corresponding technical solutions of the approved drug. For a modification of relevant information, the reasons thereof shall be explained, and such modification shall be made public. A marketing authorization holder for chemical drugs may register patents for active pharmaceutical ingredient compounds, patents for pharmaceutical compositions containing active ingredients, and patents for medical uses on the Patent Information Registration Platform. The registration and update of drug registration and related patent information by the marketing authorization holder provide the foundation for applying this dispute resolution mechanism to drug related disputes. 2.3 Declarations by Chemical Generic Drug Applicants When a chemical generic drug applicant submits an application for marketing authorization, it shall refer to the patent information disclosed on the Patent Information Registration Platform and make a declaration for each drug patent related to the reference listed drug. The declaration falls into four types: Type I: There is no relevant patent information about the reference listed drug on the China’s Patent Information Registration Platform for Marketed Drugs; Type II: The patent related to the reference listed drug included in the China’s Patent Information Registration Platform for Marketed Drugs has been terminated or declared invalid, or the generic drug applicant has obtained a license from the patentee to exploit the relevant patent; Type III: The patent related to the reference listed drug has been included in the China’s Patent Information Registration Platform for Marketed Drugs, and the generic drug applicant undertakes not to market the generic drug applied for before the expiration of the corresponding patent term; Type IV: The patent related to the reference listed drugs included in the China’s Patent Information Registration Platform for Marketed Drugs shall be declared invalid, or its generic drug does not fall into the protection scope of the relevant patent. The generic drug applicant shall be responsible for the authenticity and accuracy of the relevant declaration. Within ten working days after the application for the generic drug is accepted, the national drug evaluation institution shall disclose the application information and the corresponding declaration on the information platform to the public. The generic drug applicant shall notify the marketing authorization holder of the corresponding declaration and the basis therefor. Where the marketing authorization holder is not the patentee, the marketing authorization holder shall notify the patentee. Where a declaration does not fall within the protection scope of the relevant patent, the basis for the declaration shall include a comparison table of the technical solutions of the generic drug and the relevant claims of the relevant patent as well as relevant technical materials. In addition to the paper materials, the generic drug applicant shall also send the declaration and the basis therefor to the email address registered by the marketing authorization holder on the Patent Information Registration Platform, and keep relevant records. The participation and declarations made by the chemical generic drug applicants help preventing potential patent infringement disputes and promote fair competition. 2.4 Registration by Marketing Authorization Holders of Traditional Chinese Medicines and Biological Products Marketing authorization holders for traditional Chinese medicines and biological products may register patent information on the Patent Information Registration Platform in accordance with the registration procedures outlined in the above Section 2.2 for drug marketing authorization holders. For traditional Chinese medicines, patents for traditional Chinese medicine compositions, patents for traditional Chinese medicine extracts, and patents for medical use may be registered; for biological products, patents for the sequence structure of active ingredients and patents for medicinal use may be registered. 2.5 Declarations by Applicants of Traditional Chinese Medicines with the Same Name and Formula, and Biosimilars Applicants for traditional Chinese medicines with the same name and formula, as well as biosimilars, may make relevant patent declarations in accordance with the procedures outlined in above Section 2.3 for chemical generic drug applicants. All such registrations and declarations must be made in good faith and in adherence to the principle of honesty. Where an individual or entity commits fraud by submitting false declarations, or intentionally registers on the Patent Information Registration Platform a patent whose protection scope is not related to the drug approved for marketing or which does not belong to the types of patents that should be registered, infringing on the relevant patent of the patentee or otherwise causing losses to the party, the individual or entity shall bear corresponding liabilities according to law. Connection between Dispute Remedies, Dispute Adjudication, Drug Evaluation 3.1 Remedies Available to Patentees or Interested Parties Where the patentee or any interested party has objections to any of the four types of patent declarations, it or he or she may, within 45 days from the date when the national drug evaluation institution discloses the application for marketing authorization, file a lawsuit with a people's court or request the patent administrative department under the State Council for administrative adjudication in relation to whether the relevant technical solutions of the drug for which marketing authorization is sought fall within the protection scope of the relevant patent. Where the patentee or any interested party files a lawsuit or requests administrative adjudication within the prescribed time limit, it or he or she shall, within 15 working days from the date on which the people's court dockets the case or the patent administrative department under the State Council accepts the case, submit a copy of the notice of case filing or case acceptance to the national drug evaluation institution, and notify the generic drug applicant. Where a party is dissatisfied with the administrative adjudication made by the patent administrative department under the State Council, it or he or she may file a lawsuit in a people's court according to law after receiving the administrative adjudication order. 3.2 Connection between Judicial/Administrative Adjudication and Drug Evaluation Upon receipt of the copy of the notice of case filing issued by the people's court or notice of case acceptance issued by the patent administrative department under the State Council, the medical products administration under the State Council shall set a nine-month waiting period for the application for registration of the chemical generic drug. The waiting period shall start from the date when the people's court dockets the case or the patent administrative department under the State Council accepts the case and shall be set only once. During the waiting period, the national drug evaluation institution shall not stop technical evaluation. With respect to any chemical generic drug registration application that triggers a waiting period, the patentee or any interested party and the chemical generic drug applicant shall, within ten working days of receipt of the judgment or written decision, submit the relevant documents to the national drug evaluation institution. With respect to any chemical generic drug registration application that has passed the technical evaluation, the national drug evaluation institution shall handle it accordingly in light of the effective judgment of the people's court or the administrative adjudication order of the patent administrative department under the State Council: (1) If the chemical generic drug is confirmed to fall within the protection scope of the relevant patent, the relevant chemical generic drug registration application shall be transferred to the administrative examination process before the expiration of the patent; (2) If the chemical generic drug is confirmed not to fall within the protection scope of the relevant patent or the two parties reconcile, the relevant chemical generic drug registration application shall be transferred to the administrative examination process according to the procedures; (3) If the relevant patent is invalidated according to law, the relevant chemical generic drug registration application shall be transferred to the administrative examination process according to the procedures; (4) If, after the waiting period, the medical products administration under the State Council has not received the effective judgment or mediation statement from the people's court or the administrative adjudication order of the patent administrative department under the State Council, the relevant chemical generic drug registration application shall be transferred to the administrative examination process according to the procedures; and (5) If, during the period of administrative examination, the medical products administration under the State Council receives the effective judgment of the people's court or the administrative adjudication order of the patent administrative department under the State Council, which confirms that the chemical generic drug falls within the protection scope of the relevant patent, the relevant chemical generic drug registration application shall be submitted to the national drug evaluation institution, which will handle it in accordance with the provisions of paragraph 2 (1) of this Article. Where, after the medical products administration under the State Council decides to suspend the approval, the people's court reverses the original administrative adjudication order, the two parties reconcile, the relevant patent is declared invalid, or the patentee or any interested party withdraws the lawsuit or the request for administrative adjudication, the generic drug applicant may apply to the medical products administration under the State Council for marketing approval of the generic drug, and the medical products administration under the State Council may decide whether to grant the approval or not. For chemical generic drug registration applications with Type I or II declarations, the medical products administration under the State Council shall directly make a decision on whether to grant marketing approval based on the conclusion of the technical evaluation. For chemical generic drug registration applications with a Type III declaration, if the technical evaluation is passed, a marketing approval decision shall be made, and the relevant drugs shall not be marketed until the expiration of the relevant patent term and market exclusivity period. For an application for registration of a traditional Chinese medicine of the same name and formula or a biosimilar, the medical products administration under the State Council shall directly make a decision on whether to grant marketing approval based on the conclusion of the technical evaluation. Where the people's court or the patent administrative department under the State Council confirms that the relevant technical solutions fall within the protection scope of the relevant patent, the relevant drug may be marketed only after the expiration of the corresponding patent term. 3.3 Implied Approval Due to Non Legal Action within the Prescribed Time Where the patentee or any interested party fails to file a lawsuit or request administrative adjudication within the prescribed time limit, the medical products administration under the State Council shall directly decide whether to approve the marketing of the generic drug based on the conclusions of the technical evaluation and the declaration submitted by the generic drug applicant. The generic drug applicant may file a lawsuit or request administrative adjudication in accordance with relevant regulations. 3.4 Incentives for the First Successful Patent Challenge and Approval The first chemical generic drug that successfully challenges a patent and is approved for marketing shall be granted a market exclusivity period. Within 12 months of the date of approval of the drug, the medical products administration under the State Council shall no longer approve the marketing of generic drugs of the same variety, except those that jointly challenge a patent successfully. The market exclusivity period shall not exceed the original patent term of the challenged drug. Within the market exclusivity period, the national drug evaluation institution shall not stop the technical evaluation. For a chemical generic drug registration application that has passed the technical evaluation, the application shall be transferred to the administrative examination process before the market exclusivity period expires. Successfully challenging a patent means that a chemical generic drug applicant submits a Type IV declaration, and that the relevant patent is declared invalid according to the applicant's request for invalidation of the patent, so that the generic drug may be approved for marketing. 3.5 Patent Disputes after Generic Drug Marketing Approval Where, after a chemical generic drug, a traditional Chinese medicine of the same name and formula, or a biosimilar is approved for marketing, the patentee or any interested party considers that the relevant drug infringes on the corresponding patent and a dispute arises, the dispute shall be resolved in accordance with the Patent Law of the People's Republic of China and other relevant laws and regulations. A marketing authorization decision for a drug already approved according to law shall not be cancelled, nor shall its effectiveness be affected. As above outlined, the Early Resolution Mechanism for Drug Patent Disputes functions through: 1) marketing authorization holders register the information of drug registration and relevant patent information on the Patent Information Registration Platform; 2) generic drug applicants submit declarations regarding these patents; 3) patentees or interested parties may initiate litigation or request administrative adjudication to challenge such declarations; and 4) the outcomes of judicial or administrative determinations directly impact the drug evaluation process. This mechanism resolves patent disputes between original drug and generic drug during the approval process of the generic drug, thereby facilitating coordinated development of both innovative and generic drugs while promoting the healthy growth of the pharmaceutical industry. However, this Resolution Mechanism is only one of many ways to solve drug patent disputes, not the only way. Relevant rights holders may also, according to other provisions of the Patent Law and based on their patents, directly file lawsuits with the People's Court or request administrative action regarding patent infringement. Further Study on Specific Cases 4.1 Patent for Medical Use of Crystal Forms Not Applicable to the Resolution Mechanism Company A of Sweden registered Claim 9 of its invention patent for a chemical drug used to treat diabetes on the Patent Information Registration Platform. The registered patent type was a chemical medical product patent for medical use, and the claim is linked to the company’s already approved original drug. Sichuan Company B submitted an application for marketing authorization for a generic version of the original drug to the National Medical Products Administration (NMPA), along with a Type IV declaration. The application was accepted. Company A believed that the generic drug fell within the protection scope of Claim 9 of its patent and filed a lawsuit under Article 76 of the Patent Law, requesting the court to confirm that the generic drug fell within the protection scope of Claim 9. Sichuan Company B argued that Claim 9 essentially sought protection for a crystal form patent, which does not fall under the types of patents covered by the Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes. Therefore, Company A had no standing to file the lawsuit under Article 76. The court of first instance ruled that the technical solution of the generic drug did fall within the protection scope of Claim 9. Sichuan Company B appealed, reiterating that Claim 9 was a crystal form patent and thus not eligible under the patent types specified in the Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes. The Supreme People’s Court overturned the first-instance ruling and dismissed the lawsuit filed by Company A. From this court decision, it can be inferred that: the types of patents that can be registered for chemical medicinal products under the Resolution Mechanism are: pharmaceutical active ingredient compound patents, patents for pharmaceutical composition containing active ingredients, and patents for medical use of the foregoing two types. Patents for crystalline compounds characterized by crystal cell parameters, which are based on a prior disclosed compound defined by its molecular structure; composition patents containing such crystalline compounds; and medical use patents for these two categories, do not yet fall within the types of patents eligible for registration under the Measures. Company A of Sweden registered Claim 9 as a specific use of a crystalline structure, which does not fall within the categories of patent types stipulated by the Early Resolution Mechanism. It thus had no standing to file the present lawsuit under Article 76 of the Patent Law. Therefore, the case should be dismissed. According to the policy interpretation of the Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes issued by the NMPA on July 4, 2021, the types of drug patents eligible for registration include the following: For Chemical drugs (excluding bulk drug), patents eligible for registration include patents for active pharmaceutical ingredient compounds, patents for pharmaceutical compositions containing active ingredients, and patents for medical uses. For traditional Chinese medicines, patents eligible for registration include patents for traditional Chinese medicine compositions, patents for traditional Chinese medicine extracts, and patents for medical use. For  biological products, patents eligible for registration include patents for the sequence structure of active ingredients and patents for medicinal use. Drug patents excluded from registration under this Resolution Mechanism cannot be used to resolve disputes through it. However, patentees may still protect their legitimate rights and interests by relying on other relevant provisions of the Patent Law and may seek judicial or administrative remedies when appropriate. 4.2 Original drug's Technical Solution Falls outside the Protection Scope of Patent Claims Does Not Meet the Conditions for Filing a Lawsuit Corporation A of Japan alleged that: it is the patentee of two invention patents titled “Method for Treating Interleukin-6 Related Diseases” (referred to as Patents 1 and 2). The marketing authorization holder of the original drug involved in this case had registered the relevant patent information on the Patent Information Registration Platform, and the information was made public. Zhuhai Company B applied for registration of a biosimilar drug, "Tocilizumab Injection" (the biosimilar in question), which was approved by the National Medical Products Administration for use in combination with methotrexate (MTX) to treat rheumatoid arthritis (RA), Tocilizumab is defined as MRA in the claims of the involved patents. Zhuhai Company B used the biosimilar in combination with MTX to treat RA, with the same dosage and administration as the original drug. Therefore, the technical solution of the Disputed Biosimilar fell within the protection scope of Claims 1–9 of Patent 1 and Claims 1–5 of Patent 2. Furthermore, in both its patent declaration on the Patent Information Registration Platform for Marketed Drugs and its email correspondence with the original drug’s marketing authorization holder (a third party outside the case), Zhuhai Company B contended that the Disputed Patents should be declared invalid; in other words, Company B admitted that the technical solution of its Disputed Biosimilar for which registration was sought fell within the protection scopes of Claims 1–9 of Patent 1 and Claims 1–5 of Patent 2. Accordingly, Corporation A requested the court to determine that the Disputed Biosimilar’s technical solution fell within the protection scopes of Claims 1–9 of Patent 1 and Claims 1–5 of Patent 2. Zhuhai Company B contended that neither Patent 1 nor Patent 2 qualified as a "relevant patent" under Article 76 of the Patent Law and thus Corporation A lacked standing to bring the lawsuits pursuant to said provision, and the lawsuits should be dismissed. The court of first instance made a decision, confirming that the technical solution of the biosimilar drug  fall within the scope of Claims 1–9 of Patent 1 and Claims 1–5 of Patent 2. Following the ruling, Zhuhai Company B appealed, arguing that Claim 1 of Patent 1 and Claim 1 of Patent 2 did not qualify as "patents related to a drug pending registration" under Article 76 of the Patent Law. Therefore, Corporation A lacked standing to bring the case. The Supreme People’s Court ruled to overturn the first-instance ruling and dismissed Corporation A’s lawsuit. From the judgement of the Supreme People's Court, it can be inferred that: Claim 1 of Patent 1 should be interpreted as defining the use of MRA and methotrexate (MTX) for the production of a specifically packaged drug combination product for the treatment of rheumatoid arthritis. However, the Disputed Original Drug is a tocilizumab injection, and only in its prescribing information was it stated that it may be used in combination with methotrexate; that is, it involves only a single substance and does not constitute a specifically packaged drug combination product. Therefore, it certainly did not fall within the protection scope of Claims 1–9 of Patent 1. Claim 1 of Patent 2 should be interpreted as defining the use of MRA and MTX for the production of a specifically packaged drug combination product for the treatment of rheumatoid arthritis. However, the Disputed Original Drug is a tocilizumab injection, and only in its prescribing information was it stated that it may be used in combination with MTX; that is, it involves only a single substance and does not constitute a specifically packaged drug combination product. Therefore, it certainly did not fall within the protection scope of claims 1–5 of Patent 2. Accordingly, the Supreme Court determined that Corporation A’s lawsuits did not comply with the provisions of Article 76(1) of the Patent Law and shall be dismissed. This case illustrates that, under the Resolution Mechanism for drug patent disputes, patent information must be registered on the Patent Information Registration Platform, and the drug must correspond to the relevant patent claims. Patent information that is not registered on the platform does not fall within the scope of this Mechanism. If the technical solution of the original drug does not fall within the protection scope of the registered patent claims, the conditions necessary to initiate a lawsuit under this Mechanism are not met. That said, if the technical solution of a generic drug does fall within the scope of protection of a patent claim, the patent holder may still, in accordance with other relevant provisions of the Patent Law, protect their legitimate rights and interests by seeking judicial or administrative remedies when appropriate. 4.3 Where the Only Difference between the Generic Drug and the Original Drug Is in Specification, the Generic Drug Applicant Shall Make Declarations with Reference to Patents Registered Under Other Specifications of the Original Drug Company A is the patentee of the invention patent involved in the case. The protection scope of the patent involved in the case covers all dosage forms of drugs containing the active ingredient of palbociclib, including palbociclib capsules and palbociclib tablets. Company A is the patentee of the invention patent involved in the case. The protection scope of the patent involved in the case covers all dosage forms of drugs containing the active ingredient of palbociclib, including palbociclib capsules and palbociclib tablets. On June 30, 2021, Company A registered the patent involved in the case as a patent related to palbociclib capsules in three specifications of 75mg, 100mg and 125mg on the Patent Information Registration Platform, and the registered claims are 1-4. The original drug “palbociclib” with specifications of 25mg and 125mg and dosage form of tablets were approved for marketing in China on August 10, 2022. On September 6, 2022, Company A registered the patent involved in the case as a patent related to palbociclib tablets with the specifications of 25mg and 125mg on the Patent Information Registration Platform, and the registered claims are 1-4. Pharmaceutical Company B filed an application for registering the generic drug Palbociclib tablets with three specifications of 75mg, 100mg and 125mg and the dosage form being tablets . The National Medical Products Administration accepted the registration on April 12, 2022. In response to the patent involved in the case, Pharmaceutical Company B made a Type 1 Declaration on the Patent Information Registration Platform, that is, there is no relevant patent information of the generic drug on the Patent Information Registration Platform . Company A filed a lawsuit and claimed: the Type 1 Declaration made by Pharmaceutical Company B was false and inaccurate. Pharmaceutical Company B had filed an invalidation request against the patent involved in the case, so its true intention was a Type 4.1 Declaration. Company A requested to confirm that the technical solution of the generic drug involved in the case that Pharmaceutical Company B applied for registration fell within the protection scope of claims 1-4 of the patent involved in the case. Pharmaceutical Company B argued that: for the palbociclib tablets with specifications of 75mg and 100mg that were applied for, there were no corresponding generic drugs or the related patents published on the Patent Information Registration Platform. For the palbociclib tablets with specifications of 125mg that was applied for, the related patent was published later than the time of its declaration. In addition, its invalidation request and the administrative litigation against the patent involved in the case was filed before the implementation of China’s drug patent linkage system, and also earlier than the application date of the generic drugs in question. Therefore, Company A's opinion that its declaration on the patent in question should be a Type 4.1 declaration lacked basis. Therefore, Company B had factual and legal basis for making a Type 1 Declaration, and Company A's lawsuit did not meet the statutory conditions. The first instance court made a civil ruling to dismiss Company A's lawsuit. Company A was dissatisfied and appealed, claiming that: "The generic drugs" are not limited to drugs approved for marketing, and the applicant for generic drugs should make a declaration for each "related drug patent" corresponding to the generic drugs registered on the Patent Information Registration Platform. The case is special, as the patent involved in the case has been registered on the Patent Information Registration Platform, and the technical solution of the generic drug fell within the protection scope of the patent. Pharmaceutical Company B, while knowing the above facts, made the Type 1 Declaration, so the Declaration was untrue and inaccurate, and in essence belonged to the Type 4 Declaration. The Supreme People’s Court ruled to dismiss the appeal and uphold the original decisions. From the judgements of the Supreme People's Court, it can be inferred that: The marketed referenced drug in China must correspond to the patent claims registered on the Patent Information Registration Platform. Since the patent involved in the case is not a patent registered for the corresponding palbociclib tablets that have been marketed in China, it does not belong to the "related patent" of palbociclib tablets. Therefore, Company A's lawsuit does not meet the conditions stipulated in Article 76 of the Patent Law and should be rejected. Although in China’s current drug management system requires separate applications and different approved batch numbers for chemical drugs that only differ in specifications, generic drugs of the same dosage form may use original drugs of different specifications as reference preparations, and use the data demonstrating consistency in quality and efficacy with the reference preparations as the basis for registration. Therefore, when the original drug that differs from the generic drug only in specifications has been registered on the Patent Information Registration Platform , the generic drug applicant should, in principle, make a declaration in accordance with the relevant patents registered under other specifications of the generic drug registered on the Patent Information Registration Platform. Similarly, the Early Resolution Mechanism for Drug Patent Disputes is not the sole means of resolving such disputes. Patent holders may still rely on other relevant provisions of the Patent Law to safeguard their legitimate rights and interests and may seek judicial or administrative remedies when appropriate.

Legislation The Anti-Unfair Competition Law is enacted to promote the healthy development of the socialist market economy, encourage and protect fair competition, prevent and stop unfair competition, and protect the legitimate rights and interests of business operators and consumers. The Anti-Unfair Competition Law was adopted at the Standing Committee of the Eighth National People's Congress on September 2, 1993; revised for the first time on November 4, 2017, and came into force as of January 1, 2018; amended on April 23, 2019; and revised for the second time on June 27, 2025, to come into force as of October 15, 2025. Administration Authorities The State Administration for Market Regulation (SAMR) is responsible for formulating anti-unfair competition regulations and systems, investigating and punishing unfair competition acts, maintaining fair competition in the market, and organizing and providing unified guidance for anti-unfair competition law enforcement. Local administrations for market regulation are responsible for organizing and providing unified guidance for local anti-unfair competition law enforcement, investigating and handling unfair competition cases, and other related matters. The Principles of Fair Competition In their production and business operations, business operators shall adhere to the principles of voluntariness, equality, fairness, and good faith, abide by laws and business ethics, and fairly participate in market competition. Business ethics may refer to the commonly followed and recognized code of conduct in a specific business field. The court will determine whether a business operator has violated business ethics by comprehensively considering factors such as industry rules or business practices, the subjective intent of the operator, the choice preferences of trading counterparts, and the impact on consumer rights, market competition order, and public interest. Reference may also be made to professional standards, technical specifications, or self-regulatory codes formulated by industry regulators, trade associations, or self-discipline organizations. Acts of Unfair Competition Acts of unfair competition refers to any acts by a business operator in their production and business operations that violates the provisions of the Anti-Unfair Competition Law, which disrupts market competition order, and harms the legitimate rights and interests of other business operators or consumers. The law specifically lists nine types of unfair competition acts: 1) Confusing conduct; 2) Commercial bribery; 3) False or misleading commercial advertising; 4) Trade secret infringement; 5) Unfair prize sales; 6) Commercial defamation; 7) Online unfair competition acts; 8) Platform forcing in-platform sellers to offer below-cost pricing; and 9) Abuse of dominance by large enterprises. Additionally, unfair competition acts include any other acts that violate the principle of good faith and disrupt market competition order but are not covered by the Patent Law, Trademark Law, or Copyright Law. Subject of Unfair Competition Acts Subject of unfair competition acts are natural persons, legal persons, and unincorporated organizations engaged in the manufacturing or trading of goods, or provision of services (goods and services hereinafter referred to as “goods”). This also includes market participants that may compete with these operators for business opportunities or impair their competitive advantages in production and operations. Nine Specific Acts of Unfair Competition: (1) Confusing conduct A business operator shall not commit, or aid others in committing, any of the following confusing conduct that will mislead the public into believing that their goods are the goods of another person or that they have a specific connection with another person: (i) unauthorized use of a mark that is identical or similar to the name, packaging or decoration of another person’s goods, which has certain fame, (ii) unauthorized use of another person’s name (including its abbreviation, or trade name, etc.) or the name of an individual (including his or her pen name, stage name, online username, or translated name, etc.), which has certain fame; (iii) unauthorized use of the main part of another person's domain name, or the website name, webpage, new media account name, application name, or icon of another person, which has certain fame; (iv) other confusing conduct that sufficiently mislead the public into believing that their goods are those of another person or that they have a specific connection with another person; or (v) unauthorized use of another person's registered trademark or unregistered well-known trademark as a trade name, or setting another person's goods name, corporate name (including its abbreviation or trade name), registered trademark, or unregistered well-known trademark as a search keyword, thereby misleading the public into believing that their goods are the goods of another person or that they have a specific connection with another person. Determination of confusing conduct The following circumstances will be considered by the court in determining confusing conduct. Use: The use mentioned above refers to using a mark with certain fame within China on goods, product packaging, containers and transaction documents, or advertisements, exhibitions and other commercial activities, for the purpose of identifying the source of the goods. This also includes incorporating another person’s business mark or name into an entity’s trade name, or using such marks or names as online search keywords. Certain fame: A mark with certain fame must possess a certain level of market recognition, and have distinctive characteristics that enable consumers to distinguish the source of goods. To determine a certain level of market recognition, the following factors shall be comprehensively considered: 1) the degree of recognition among relevant consumers in China; 2) the duration, geographic scope, sales volume, and target consumers of goods sales; 3) the duration, intensity and geographic coverage of promotional activities; and 4) the protection status of the mark, etc. The following cannot serve as distinctive characteristics that enable consumers to distinguish the source of goods: (1) generic names, designs or models of the goods; (2) marks that merely indicate the quality, main ingredients, function, uses, weight, quantity or other characteristics of goods; (3) shapes resulted solely from the nature of the goods themselves, required for obtaining technical effects, or giving substantial value to the goods; or (4) other marks lacking distinctiveness. However, for a mark mentioned in items (1), (2) and (4), if it has acquired distinctiveness and obtained a certain level of market recognition through use, the concerned party may submit sufficient supporting evidence to prove that the mark have had certain fame. Decoration: The decoration may refer to a distinctive overall commercial image formed by the decoration of the operator's business premises, the style of business equipment, the attire of business personnel, and other such elements. Corporate name: The corporate name may include both corporate names legally registered with market entity registration authorities and names of foreign enterprises used commercially within China, including abbreviations and trade names. Identical or similar: Whether a mark is identical or similar to a mark with certain fame can be determined by reference to the principles and methods used for determining identical or similar trademarks. Misleading: Misleading the public into believing that their goods are those of another person, or that they have a specific connection with another person, includes misleading the public into believing that the goods have a business partnership, licensed use, commercial sponsorship, endorsement or any other specific connection with another person. Confusing: The use of identical or visually indistinguishable goods names, goods packaging, or decorations on identical goods shall be deemed sufficient to cause confusion with other persons’ marks having certain fame. Where any of the following mark is used fairly and legitimately for the purpose of objectively describing or indicating goods, Courts shall not determine such use to be a confusion conduct: (1) a mark containing the generic name, image, or model of the goods; (2) a mark directly indicating the quality, main raw material, function, uses, weight, quantity, or other characteristics of the goods; or (3) a mark incorporating geographical names. Where the mark, or the distinctive part thereof, in the alleged confusing conduct falls under the category of marks that are prohibited from being used as trademarks under the Trademark Law, the court will also not determine it to be a confusing conduct. Other confusing conduct: The unauthorized use by business operators of any mark with certain fame beyond those specified in the above items (i), (ii) and (iii) of the confusing conduct, where it is sufficient to mislead the public into believing that their goods are those of another party or that they have a specific connection with another person, may be determined to be an “other confusing conduct”. Sales: Where a business operator sells goods bearing marks that violate the provisions on confusing conduct under the Anti-Unfair Competition Law, thereby causing confusion and misleading the public into believing that their goods are those of another party or that they have a specific connection with another person, the court may determine such to be confusing conduct. However, if the seller was unaware that the goods sold by him has infringed upon other persons' rights and can prove that the goods were legally obtained and indicate the supplier, the seller may be exempted from compensation liability. Contributory infringement: Where a person intentionally provides storage, transportation, mailing, printing, concealment, business premises or other conveniences for others to commit confusing conduct, the person’s act may be determined by the court to be contributory infringement. And this person shall bear joint and several liability with the principal infringer. (2) Commercial bribery A business operator shall not bribe any of the following entities or individuals by offering property or other means to seek a transaction opportunity or competitive advantages: (i) any staff member of the transaction counterparty;; (ii) any entity or individual entrusted by the transaction counterparty to handle relevant affairs; or (iii) any entity or individual who uses its/his/her powers or influence to affect the transaction. The entity or individual specified in the preceding paragraph shall not accept bribes. Bribery by any staff member of a business operator shall be deemed to be the conduct of the business operator, unless the business operator has evidence proving that the staff member's conduct is unrelated to efforts in seeking the transaction opportunity or competitive advantages for the business operator. Normal Business Practices: A business operator may explicitly pay a discount to the transaction counterparty or a commission to an intermediary of the transaction in the course of transaction activities. The discount paid to the transaction counterparty or the commission paid to the intermediary by the business operator shall be recorded truthfully in its account books. A business operator that accepts such discount or commission shall also record such payment truthfully in its account books. (3) False or misleading commercial advertising A business operator shall not make false or misleading commercial advertising for their goods' performance, functions, quality, sales status, user evaluation, or honor received, thereby deceiving or misleading consumers and other business operators. A business operator shall not assist another business operator in making false or misleading commercial advertising by organizing fraudulent transactions, false reviews or other approach. If a business operator provides untrue goods-related information during commercial promotion, thereby deceiving or misleading the relevant public, such act shall be determined to be false commercial advertising. Where a business operator engages in any of the following acts that deceive or mislead the relevant public, such act may be determined to be "misleading commercial advertising": 1) Making one-sided promotions or comparisons of goods; 2) Presenting scientifically unproven viewpoints or phenomena as established facts in product advertisements; 3) Using ambiguous language in commercial promotion; and 4) Other commercial promotional activities that are sufficient to mislead the public. To determine whether such conduct constitutes misleading commercial advertising, factors such as everyday life experience of consumers, the general level of attention of the relevant public, the occurrence of actual misunderstanding, and the actual circumstances of the target consumers being promoted should be taken into account. (4) Trade secret infringement A business operator shall not commit any trade secret infringement. The definition and protection of trade secrets are discussed separately; please refer to Overview of the Trade Secrets System for details.  (5) Unfair prize sales The prize sale activities of a business operator shall not involve the following circumstances: (i) defining unclear types of prizes, redemption conditions, amounts of prize money, prizes in kind, or other information regarding prize sales, thereby affecting prize redemption; (ii) changing, after the commencement of a prize sales activity, the types of prizes, redemption conditions, amounts of prize money, prizes in kind or other information regarding prize sales, without justifiable reasons; (iii) conducting prize sales through deceptive means, such as falsely claiming prizes or deliberately allowing pre-selected individuals to win prizes; or (iv) conducting prize sales through prize draws, where the highest prize money exceeds CNY 50,000.  (6) Commercial defamation A business operator shall not fabricate or disseminate or instruct another person to fabricate or disseminate any false information or misleading information, thereby harming the business reputation or goods reputation of other operators. Where a party claims that a business operator has engaged in commercial defamation, the party shall bear the burden of proof to demonstrate that it was the specific target of the alleged defaming conduct. If a business operator disseminates fabricated or misleading information created by others, thereby damaging the commercial reputation or goods reputation of a competitor, such conduct shall be determined to be commercial defamation.  (7) Online unfair competition acts Where a business operator utilizes the internet in engaging in its production and business operations, it shall comply with all provisions of the Anti-Unfair Competition Law. The business operator shall not commit any of the following acts that impede or disrupt the normal operation of internet products or services legally provided by other business operators, by affecting user choices or other manners using data, algorithms, techniques, platform rules or other means: (i) without authorization, inserting a link into or forcing redirects from an internet product or service legally provided by another business operator, (ii) Misleading, deceiving, or forcing users to modify, close, or uninstall an internet product or service legally provided by another business operator; (iii) implementing in bad faith an incompatibility with an internet product or service legally provided by another business operator; or (iv) any other acts that impede or disrupt the normal operation of an internet product or service legally provided by another business operator. A business operator shall not, by fraud, coercion, circumvention, destruction of technical management measures, or other unfair means, obtain or use data legally held by another business operator, thereby harming the legitimate rights and interests of another business operator and disrupting the market competition order. A business operator shall not abuse platform rules to directly conduct or instruct others to conduct fraudulent transactions, false reviews, malicious returns or other abusing acts against another business operator, thereby harming the legitimate rights and interests of another business operator and disrupting the market competition order. A targeted redirection that occurs directly without the consent of other business operators or users shall be deemed a “forced redirection” as specified in item (i) above. Where only a link is inserted and the redirection is triggered by the user, a determination as to whether the conduct violates item (i) above shall be made based on a comprehensive assessment of factors such as the specific manner of link insertion, whether there is a legitimate justification, and the impact on the interests of users and other business operators. Where, without clearly informing the user in advance and obtaining their consent, a business operator maliciously impedes or disrupts, by misleading, deceiving, or forcing the users into modifying, disabling, uninstalling or other approaches, an internet product or service legally provided by another business operator, such conduct shall be determined to be a violation of item (ii) above. (8) Platform forcing in-platform sellers to offer below-cost pricing A platform operator shall not force or covertly force business operators on its platform to sell goods at prices below cost in accordance with its pricing rules, thereby disrupting the market competition order. (9) Abuse of dominance by large enterprises A large enterprise or any other business operator shall not abuse its dominant position in terms of capital, technology, transaction channels, industry influence, among others, to require a small or medium-sized enterprise to accept evidently unreasonable payment periods, methods or conditions, liability for breach of contract, or other transaction conditions, thereby delaying payments to small or medium-sized enterprises for goods, projects, services, or other items. Judicial Remedies Where a business operator’s legitimate rights and interests are harmed by unfair competition acts, it may institute a lawsuit with a people's court. Jurisdiction Civil lawsuits arising from unfair competition acts shall be under the jurisdiction of the people’s court at the place where the infringement occurred or where the defendant is domiciled. If a party claims that the place of delivery, which may be chosen at will by online purchasers, constitutes the place of infringement, the court shall not support such a claim. Where the alleged act of unfair competition occurred outside the territory of the People's Republic of China, but the result of the infringement occurred within China, and the party claims jurisdiction by the court at the place where the result occurred, the people's court shall support the claim. Infringement Liability Where a business operator violates the provisions of this Law and causes damage to others, it shall bear civil liability in accordance with the law. Where an act of unfair competition constitutes a crime, criminal liability shall be pursued in accordance with the law. A business operator engaging in unfair competition shall bear civil, administrative, and criminal liability. If its property is not sufficient to cover all the damages, the civil liability shall take precedence. In cases involving acts of confusion, where the plaintiff’s claim for an order requiring the defendant to cease using or to change its corporate name is legally justified, the court shall order the defendant to stop using the said corporate name. Overlap Between Intellectual Property Rights and Unfair Competition Where the same infringer has committed an infringing act against the same party within the same time period and the same geographical area, and the court has already determined that the act constitutes an infringement of copyright, patent, or exclusive rights to a registered trademark and has ordered the infringer to bear civil liability, the people's court shall not support a subsequent claim by the same plaintiff seeking to hold the same infringer civilly liable for the same act on the grounds of unfair competition. Damages The compensation for damages caused by unfair competition acts to a business operator shall be determined according to the actual losses suffered by the business operator due to the infringement or the profits earned by the infringer due to the infringement. Where a business operator intentionally commits the trade secret infringement and the circumstances are serious, the compensation for damages may be determined by not less than one time but no more than five times the compensation determined in accordance with the aforementioned approach. The compensation for damages shall include the reasonable expenses paid by the business operator to stop the infringement. With respect to acts of unfair competition that violate the principle of fair competition (Article 2), confusing conduct (Article 7), false or misleading commercial advertising (Article 9), trade secret infringement (Article 10), commercial defamation (Article 12), or online unfair competition acts (Article 13), where it is difficult to determine the actual losses suffered by the rights holder due to the infringement or the profits earned by the infringer due to the infringement, the people's court shall award compensation of not more than CNY 5 million based on the circumstances of the infringement. Administrative Investigation Authorities performing market regulation duties in people's governments at or above the county level shall supervise and inspect acts of unfair competition. Where laws and administrative regulations provide for supervision and inspection by other authorities, such provisions shall apply. In investigations into suspected acts of unfair competition, the relevant supervision and inspection authorities may, upon approval by the person in charge, take the following measures: (1) accessing the business premises involved in a suspected act of unfair competition for inspection; (2) inquiring of the business operator, any interested party, or any other related entity or individual under investigation, and requiring them to explain relevant situations or provide other materials in relation to the investigated act; (3) inquiring into and copying the contracts and agreements, account books, vouchers, documents, records, business correspondence and other materials related to the suspected act of unfair competition; (4) sealing or detaining the property involved in the suspected act of unfair competition; and (5) inquiring into the bank account of the business operator suspected of unfair competition. While looking into suspected acts of unfair competition, the supervision and inspection authorities shall promptly disclose the investigation and handling results to the public. When the supervision and inspection authorities investigate suspected unfair competition, the investigated business operators, interested parties, and other related entities or individuals shall truthfully provide the relevant materials or information. Where a business operator is suspected of unfair competition practices, the supervision and inspection authorities may interview the relevant responsible persons and require them to explain the circumstances and propose corrective measures. The supervision and inspection authorities and their personnel shall have a legal obligation to maintain confidentiality of any trade secrets, personal privacy, and personal information learned during the investigation. Any entity or individual shall have the right to report any of suspected acts of unfair competition to the supervision and inspection authority. The supervision and inspection authority shall promptly handle such reports according to the law upon receipt of such report. The supervision and inspection authorities shall make available to the public the phone numbers, mailing addresses or email addresses for accepting such reports and maintain confidentiality of the reporter. For reports submitted under real names and providing relevant facts and evidence, the supervision and inspection authorities shall promptly inform the reporter of the handling results. Administrative Penalty Confusing conduct Where a business operator commits confusing conduct or aiding others in committing confusing conduct, the supervision and inspection authority shall order the business operator to cease the illegal conduct, and confiscate the illegal goods. Where the illegal business turnover is not less than CNY 50,000, a fine of not more than five times the illegal business turnover may be also imposed. Where there is no illegal business turnover or the illegal business turnover is less than CNY 50,000, a fine of not more than CNY 250,000 may be also imposed. Where the circumstances are serious, its business license shall also be revoked. A seller who sells illegal goods as provided in the previous provisions shall be punished in accordance with the provisions of the preceding paragraph. Where the seller is unaware that the goods sold by them are illegal goods, and can prove that they legally obtained the goods and indicates the supplier, the supervision and inspection authority shall order cessation of the sale without imposing an administrative penalty. Where a confusing conduct involves a corporate name registered by a business operator, the business operator shall promptly go through formalities to change its registered corporate name. Prior to the change of the name, the registration authority shall use the unified social credit code in lieu of its corporate name. Commercial bribery For the acts of commercial bribery, the supervision and inspection authority shall confiscate the illegal gains and impose a fine of not less than CNY 100,000 but not more than CNY 1 million. Where the circumstances are serious, a fine of not less than CNY 1 million but not more than 5 million may be imposed, and the business license may also be revoked. Where the legal representative, principal, or directly responsible person of a business operator is personally liable for engaging in bribery or personally accepts a bribe, the supervision and inspection authority shall confiscate the illegal gains and impose a fine of not more than CNY 1 million. Where a party accepts a bribe in the course of commercial transactions, if laws or administrative regulations provide otherwise, such provisions shall apply; where there are no such provisions, the supervision and inspection authority may impose a fine not more than CNY 2 million on the entity, and a fine of not more than CNY 500,000 on the individual. False or misleading commercial advertising For the acts of false or misleading commercial advertising, the supervision and inspection authority shall order the business operator to cease the illegal conduct and impose a fine of not more than CNY 1 million. Where the circumstances are serious, a fine of not less than CNY 1 million but not more than CNY 2 million may be imposed, and the operator's business license may be also revoked. Where a business operator releases a false advertisement, it shall be punished according to the Advertising Law of the People's Republic of China. Trade secret infringement For the trade secret infringement, the supervision and inspection authority shall order it to cease the illegal conduct, confiscate the illegal gains, and impose a fine of not less than CNY 100,000 but not more than CNY 1 million. Where the circumstances are serious, a fine of not less than CNY 1 million but not more than CNY 5 million shall be imposed. Unfair prize sales For the acts of unfair prize sales, the supervision and inspection authority shall order it to cease the illegal conduct and impose a fine of not less than CNY 50, 000 but not more than CNY 500, 000. Commercial defamation For the acts of commercial defamation, the supervision and inspection authority shall order it to cease the illegal conduct, eliminate the impact, and impose a fine of not less than CNY 100,000 but not more than CNY 1 million. Where the circumstances are serious, a fine of not less than CNY 1 million but not more than CNY 5 million shall be imposed. Online unfair competition acts For the acts of online unfair competition, the supervision and inspection authority shall order it to cease the illegal conduct and impose a fine of not less than CNY 100,000 but not more than CNY 1 million. Where the circumstances are serious, a fine of not less than CNY 1 million but not more than CNY 5 million shall be imposed. Platform forcing sellers to offer below-cost pricing For the acts of platform operators forcing business operators on the platform to sell goods at prices below cost, the supervision and inspection authority shall order it to cease the illegal conduct and impose a fine of not less than CNY 50,000 but not more than CNY 500,000. Where the circumstances are serious, a fine of not less than CNY 500,000 but not more than CNY 2 million shall be imposed. Abuse of dominance by large enterprises For the acts of large enterprises abusing their dominant position, the supervision and inspection authority of the people's government at or above the provincial level shall order it to make corrections within a prescribed time limit. Where it fails to make corrections within the time limit, a fine of not more than CNY 1 million shall be imposed. Where the circumstances are serious, a fine of not less than CNY 1 million but not more than CNY 5 million shall be imposed. Other circumstances Where a business operator violates the provisions of this Law by engaging in unfair competition, and proactively eliminates or mitigates the harmful consequences of the illegal conduct, or there are other such circumstances prescribed by law, a lighter or reduced administrative penalty may be imposed in accordance with the law. Where the illegal conduct is minor and promptly corrected, and no harmful consequences have occurred, no administrative penalty shall be imposed. Where a business operator violates the provisions of this Law by committing unfair competition and is subject to an administrative penalty, the supervision and inspection authority shall enter such penalty in its credit record and publicly disclose the same in accordance with the relevant laws or administrative regulations. Where an individual or entity obstructs the supervision and inspection authority from fulfilling their duties in accordance with this Law, or refuses or impedes the investigations, the supervision and inspection authority shall order the individual or entity to make corrections, and impose a fine of not more than CNY 10, 000 to the individual or a fine of not more than CNY 100, 000 to the entity. Where the party concerned is dissatisfied with a decision made by the supervision and inspection authority, it may apply for administrative reconsideration or institute an administrative lawsuit in accordance with the law. Where any staff member of a supervision and inspection authority abuse powers, neglect duties, commits malpractices for personal gain, or reveals any trade secrets, personal privacy, or personal information learned during an investigation, such staff member shall be punished in accordance with the law. Where an individual or entity violates the provisions of this Law and such violations constitute a violation of public security administration, it shall be imposed public security administrative penalties in accordance with the law. Where such violations constitute a crime, it shall be pursued criminal liability in accordance with the law.

On the vast territory of our motherland, the issue of education in remote areas has always been the focus of social concern. Although the children there face numerous difficulties such as resource scarcity and information isolation, their desire for knowledge and their hopes for the future never fade. To help these students in adversity and enable them to enjoy equal educational opportunities, a charitable initiative aimed at assisting disadvantaged students in remote areas is quietly unfolding, with the hope of breaking geographical barriers and lighting up a beacon for the children in remote areas to pursue their dreams. The Capital Intellectual Property Services Association has been paying close attention to the learning and living conditions of disadvantaged school-age children in Xingwen County for many years, hoping to gather collective strength to support the children in completing their studies, acquiring skills, and creating possibilities for their future through their own hands. Such acts of spreading warmth and love make us feel the power of unity. We are also honored to be part of this "boat of love". 2024 marks the seventh year that AFD China has participated in the "Light Up Wisdom" student aid project. Among the 90 children planned to be aided, our firm continues to sponsor seven children whom we have been helping for five consecutive years. Earlier this year, we were delighted to receive a letter of thanks from the Association: On that distant yet hopeful land, every contribution is an investment in the boundless potential futures of struggling students in remote areas. We deeply understand that educational equity is the cornerstone of social progress, and for those children in remote, resource-scarce regions, the light of knowledge is the guidance they yearn for most. We hope that through our collective efforts, we can build a bridge to their dreams, giving them the opportunity to leave the mountains and embrace a wider world. Looking ahead, we eagerly anticipate seeing more children from remote areas thrive under the nourishment of love and knowledge and become significant forces driving social progress. Meanwhile, we will continue to focus on the educational issues in remote areas, working together with compassionate fellows to ensure that every heart eager to learn is answered and that the sunshine of education reaches every corner. Let us join hands to create a sky of hope for the children in remote areas and jointly write a social chapter that is more equitable, inclusive, and filled with love.

As time goes by, we bid farewell to 2024 gently and embrace the dawn of the new year, with dreams shining ahead and warm memories behind. We wonder how the cerebral palsy child we sponsored has recovered in the past year and what he has gained. In 2024, the little boy we sponsored, Guo Haozhe, underwent more rehabilitation training. After 11 months of unremitting efforts, his hamstring muscle tone was adjusted to Grade II and his iliacus-psoas muscle tone was also adjusted to Grade II; his standing and walking postures improved, though he still suffered from insufficient muscle strength in his lower limbs, leading to an unstable gait while standing and walking. In terms of learning, he could concentrate for a longer time, maintain focus during class, and made progress in reading comprehension, able to read an entire article fluently. In terms of daily life, he could feed himself and dress and undress independently. He could also complete household chores such as sweeping the floor and wiping tables. Zhuangzhuang, who has just turned 14, not only trained himself hard but also kept encouraging younger children, helping them actively participate in their rehabilitation. He hopes more younger children can learn to walk like him. He also vows to train harder to walk more steadily and go further. Zhuangzhuang said he would definitely work hard on his rehabilitation to become a useful person to society! During the summer vacation of 2024, Zhuangzhuang returned to his hometown and noticed that the roads were still dirt paths, the house remained a brick building, and the bed was still hard. He emotionally expressed that without everyone's help, he wouldn't have been able to come to the Chenguang Rehabilitation Center to learn to walk, nor would he have had the opportunity to study music and art. He couldn't imagine what he might have become without this support. He is grateful for everyone's assistance that has given him a new lease on life! In 2025, we initiated a donation campaign to continue raising funds for Zhuangzhuang's rehabilitation training and living expenses for the year. A total of 91 caring colleagues from our firm donated to support him. The funds raised will be used to cover his rehabilitation, nursing, accommodation, and other expenses for this year. You are not only participants but also promoters. At this warm and hopeful moment, we express our heartfelt gratitude once again to all our caring colleagues! The Phoenix Public Welfare Program needs everyone's attention and support! We look forward to joining hands with you to build a bridge of love between people. We are here waiting for you! At this new starting point, let's joyfully embrace the next splendid journey together.  

AFD China has once again been honored to be included in the List of Recommended Reputable IP Firms for 2025 by the Capital Intellectual Property Services Association (CIPSA), making the third consecutive year of this recommendation. The CIPSA, in accordance with relevant regulations, conducted a public collection and review process, as well as a council meeting to compile the List of Recommended Reputable IP Firms for 2025. This list is to promote the healthy development of the intellectual property industry, cultivate a good social credit environment, safeguard the legitimate rights and interests of members and the public, guide intellectual property service industry practitioners to be honest and trustworthy, and standardize their practice. Since its establishment, AFD China has always regarded "trust" as its core value, adhering to the cornerstone of honest service, and thus, earning the trust and praise from clients. Our consistent inclusion in this prestigious list since 2023 underscores our outstanding performance and commitment to honest services. This renewed recognition not only further validates our long-standing integrity and professional services but also serves as motivation to uphold these principles and strive for excellence. Moving forward, we will continue to uphold a work attitude of integrity and provide our clients with more professional and high-quality intellectual property services. At the same time, we will continue to contribute our efforts to maintaining a good social credit environment and promoting the healthy development of the intellectual property service industry.

On May 17th, local time in the United States, the 147th Annual Meeting of the International Trademark Association (INTA) was grandly held at the San Diego Convention Center. It has been a decade since the INTA Annual Meeting was held in this city last time. This year, INTA attracted over 10,000 registrants from 140 intellectual property jurisdictions to gather together and explore new trends in intellectual property development. As a leading firm of the industry, AFD China actively participated in this grand event. This year's INTA conference has carefully planned three core areas: Business and Technology, Law and Policy, and Professional Development and Career Advancement. At the same time, two new series, In-House Practitioners Series and Patent Series, have been launched. More than 200 speakers from 42 jurisdictions took turns on stage, bringing exciting theme sharing sessions and presenting a feast of knowledge and wisdom to the attendees. In addition, INTA also provides various forms of communication, such as business development activities, roundtable discussions, and quick socializing, which built a broad communication bridge for participants, allowing ideas to collide in communication and opportunities to emerge in interaction. At the conference venue, sparks of wisdom shone everywhere. They listen carefully to others' perspectives and ideas, actively share the company's experience and insights, and contribute unique wisdom and strength to the future development of the industry through the exchange and collision of ideas. We eagerly look forward to the next reunion with colleagues in the industry and sharing each other's new explorations and breakthroughs on the development path. Let's join hands and move forward bravely in the wave of intellectual property industry, and jointly write a more brilliant chapter in the industry!

On May 28, 2025, the winners of the 25th China Patent Award were announced by the China Intellectual Property Administration (CNIPA). The China Patent Award is co-organized by the China Intellectual Property Administration and the World Intellectual Property Organization, and the winners are decided according to the China Patent Award Evaluation Method. The China Patent Award is intended to encourage invention-creations, foster a culture of innovation, and improve the quality of patents. The awards given this year include 30 China Patent Gold Awards, 10 China Design Gold Awards, 60 China Patent Silver Awards, 15 China Design Silver Awards, 607 China Patent Excellence Awards, and 47 China Design Excellence Awards. The patents winning the gold awards relate to various technical fields, including pharmaceutical biology, digital communications, energy development, electronic information, machinery applications, etc., which reflects the important role played by innovations in promoting the development of various industries and highlights China’s strength and determination in building an innovative nation. This year, a Patent Excellence Award was given to our client’s patent. We are honored to have assisted in the full course from drafting, filing to granting of the award-winning patent. Taking this opportunity, we would also like to thank our clients for their trust and support along the way. Our sincere congratulations go to the award-winning client. Here we also wish all our clients even greater and more eye-catching achievements in their respective fields in this year. May wisdom play a more significant role in both production and daily life, and may advanced technologies be harnessed to bring prosperity and well-being to our nation and its people. We are also willing to work with you to contribute to the development of the intellectual property industry and to the growth of our nation’s economy.

On June 27, 2025, the new Anti-Unfair Competition Law of the People's Republic of China (Second Amendment) was launched. The amended law will officially come into force on October 15, 2025. Since its initial implementation in 1993, the Anti-Unfair Competition Law was amended in 2017 and some articles were revised in 2019. The current revision focuses on addressing practical challenges such as combating commercial bribery and regulating competition in the platform economy, particularly targeting new forms of unfair competition, including the misuse of data algorithms and monopolistic platform rules. The revised Anti-Unfair Competition Law comprises five Chapters and 41 Articles, with key amendments including: (1) Clarifying the General Principles of Anti-Unfair Competition To ensure the correct political direction of anti-unfair competition efforts, the law stipulates that such work must adhere to the leadership of the Communist Party of China. The regulatory framework is improved, to strengthen enforcement and judicial oversight and maintain fair competition. Regulatory responsibilities are further defined, specifying that the county-level or higher authorities are designated to investigate and handle unfair competition, except where other laws or regulations assign enforcement to different departments. (2) Refining Provisions on Unfair Competition Practices The amendments expand the scope of prohibited acts causing market confusion, including unauthorized use of influential social media accounts, app names, icons, or the misuse of others’ products or company names that have obtained certain fame as search keywords to mislead consumers. Facilitating such confusion is also prohibited. To strengthen anti-bribery measures, the law now enforces a "dual investigation of bribery and acceptance of bribes" principle. New articles are included, explicitly prohibiting individuals and entities from accepting bribes in transactions. For online competition, platform operators must establish clear fair competition rules in their service agreements and take prompt action against unfair practices. Businesses are barred from exploiting data, algorithms, technology, or platform rules to engage in malicious activities. The amendments also refine regulations on false advertising, improper sales promotions, commercial defamation, and abuse of market dominance harming small and medium-sized enterprises. (3) Strengthening Supervision and Penalties Aligning with the Administrative Penalty Law’s principle of proportionate punishment combined with corrective measures, the amendments enhance regulatory tools and adjust penalties. Authorities may now summon corporate legal representatives or executives for corrective discussions in suspected violations. Penalties for unfair competition are increased, including personal liability for executives and key personnel involved in commercial bribery. Additional penalties apply to entities and individuals accepting bribes in transactions.

Recently, the All-China Patent Agents Association (ACPAA) announced the first batch of patent agencies selected for the targeted service safeguard program. Thanks to its solid professional capabilities, excellent industry reputation, and unwavering commitment to high-quality service, AFD China was successfully selected as one of the 986 agencies for the program. This honor serves as both recognition and encouragement of our firm’s service capabilities. This selection of agencies for the targeted service safeguard program is a significant initiative by the ACPAA to respond to the national innovation-driven development strategy and to improve industry service quality. The evaluation process followed rigorous standards, requiring applicants not only to participate in ACPAA-led initiatives promoting high-quality industry development and to comply with the industry service convention, but also to sign the "Commitment to Safeguarding High Quality of Patent Applications through Targeted Services". These multiple requirements demonstrated the high expectations placed on the professional competence and sense of responsibility of the selected agencies. As a professional agency with many years of expertise in the field of intellectual property, AFD China has always placed service quality at the core of its work. Over the years, we have adhered to the service philosophy of "professionalism, precision, and efficiency", providing timely and high-quality patent agency services to numerous innovators and assisting in the transformation of high-level invention-creations into high-quality patents. By signing the "Commitment to Safeguarding High Quality of Patent Applications through Targeted Services", we have further raised our service standards, underscoring our determination to put the concept of high-quality industry development into practice. Being selected this time is not only a high affirmation of our past work, but also a motivation for our future development. We will take this opportunity to continuously strengthen our service capabilities, strictly abide by the undertakings in the Commitment, proactively accept public oversight, and repay the trust of our clients and the society with even higher standards of service. At the same time, we will closely follow the national innovation-driven development strategy, deeply engage with the wave of high-quality industry development, and continue to enhance the precision and professionalism of our services, thereby providing stronger intellectual property safeguard for high-level invention-creations, and making greater contributions to the flourishing development of China's patent industry.

AFD China is thrilled to announce the official launch of its newly revamped website. Based on the original website, the new version has comprehensively optimized the page designs, functional layouts, and interactive experience. To keep up with the times and improve users’ experience and service quality, in the new version of the website, we have adopted a more modern and concise design style, with harmonious color matching and reasonable page layout, allowing users to have a more comfortable visual experience while browsing. In addition, the new version of the website has added a universal search function, further enhancing user convenience. We believe that the new version of the website will bring users a better and more efficient service experience. Welcome users to browse, and provide valuable feedback. website：www.afdip.com

Malicious trademark registration has long been a primary concern for trademark holders. The Chinese Trademark Law has played a crucial role in countering malicious trademark registrations and upholding market order since its implementation on March 1 1983. However, despite the amendments to the Trademark Law in 1993, 2001, 2013, and 2019 that refined the legislative measures against malicious registrations, with the deep development of a market economy, a growing disparity between high trademark demand and limited resources has emerged and malicious registrations have persisted. Pre-emptive trademark registrations of unique terms related to public resources, hotspots, or sudden events, as well as names of celebrities, etc. have frequently occurred, continuously posing challenges to trademark rights protection. China will enhance its efforts in combating malicious trademark registrations across all sectors, in order to: Curb the trend of frequent and recurring malicious trademark registrations; Guide market entities towards a proper awareness of trademark registration; Promote a shift towards sensible trademark application practices; Uphold the integrity of the trademark registration system; and Enhance the business environment. This commitment will be reflected in legislation, law enforcement, and other aspects. Amendments to provide legal support for combating malicious trademark registration activities 1.1. Updates to the Trademark Law An upcoming fifth amendment to the Trademark Law will introduce several new measures to further rigorously combat malicious trademark registration activities. The current Trademark Law, in effect since November 1 2019, marks the fourth amendment to the 1983 Trademark Law. In contrast to the 2013 revised Trademark Law, the current Trademark Law places a strong emphasis on combating malicious trademark registration activities. It includes provisions such as an “application for trademark registration that is malicious and not filed for the purpose of use shall be refused” (emphasis added). Furthermore, actions that breach these rules can now serve as legitimate grounds for objections and declarations of invalidity. The front line in combating malicious registrations has been advanced, with additional regulations dictating that trademark agencies shall not accept the entrustment if they are aware, or should be aware, that their clients' trademark applications are under the category of "applications not filed for the purpose of use". Clear penalties for violations by these agencies have also been outlined. In light of the diverse tactics employed in malicious trademark registrations, the provisions of the current Trademark Law no longer align with practical developmental needs. For example, if a trademark is acquired through illegitimate means, although this qualifies as one of the statutory grounds for invalidation under the existing law, it is not recognised as a valid basis for opposition or explicitly categorised as a form of malicious trademark registration. In other words, under the current Trademark Law, an application for invalidation can be filed against a registered trademark on the ground of “registration acquired by unfair means”, but this ground cannot be used to file oppositions to trademarks that are pending registration. This logic clearly undermines the principle of advancing the front line in combating malicious trademark registrations. In practice, guided by the legal principle of good faith, "trademark registration acquired by unfair means" is recognised as one of the grounds for opposition. Some examiners cite this reason when making decisions to refuse registration in cases of oppositions. However, the lack of alignment between legal provisions and judicial practices leads to divergent examination standards among examiners. This objective discrepancy results in situations where opponents, whose oppositions are unsupported, must then initiate invalidation applications based on the same grounds. This systemic flaw not only squanders administrative resources but also highlights the significant hurdles in upholding trademark rights. On January 13 2023, the China National Intellectual Property Administration (CNIPA) released a Draft Revision of the Trademark Law of the People's Republic of China (Draft for Comments). If adopted, this revision would represent the fifth amendment to the 1983 Trademark Law. The draft introduces several measures to regulate malicious trademark registration activities. It not only defines applying for trademark registration through deception or other unfair means as malicious registration, leading to grounds for refusal and opposition, but also incorporates a system mandating the compulsory assignment of maliciously registered trademarks. Additionally, it specifies that legal responsibility should be assumed for infringing actions occurring after the registration but before the declaration of invalidity of maliciously registered trademarks. The draft outlines fines for malicious trademark registrations and requires civil compensation to be paid to others for losses due to malicious trademark registration applications. These additions underscore the continuous improvement and reinforcement of measures against malicious trademark registrations in China. 1.2. Further initiatives The revision of supporting regulations and systems such as the Implementing Regulations of the Trademark Law and the Guidelines for Trademark Examination and Adjudication is actively promoted, thereby strengthening the coordination between legal norms at different levels. During a press conference held by the CNIPA on February 22 2023, the vice director of the Trademark Office, Chang LI, emphasised the commitment to sustaining rigorous efforts in combating malicious trademark applications and hoarding activities. The CNIPA pledged to promptly address malicious pre-emptive registrations that jeopardise national and public interests. The comprehensive strategy aims to aggressively suppress malicious trademark registrations in all sectors, while continuously monitoring and controlling profit-driven hoarding practice. To consolidate the recent achievements made in combating malicious trademark registrations and to enhance oversight across all sectors, the CNIPA formulated the Work Plan on Systematic Governance of Malicious Trademark Registration for Promotion of High Quality Development (2023–2025) (the 2023–2025 Plan for Governing Malicious Trademark Registrations) on April 20 2023. This initiative prioritises "minimising the likelihood of success of malicious trademark registration activities". The plan proposes the rigorous combating of malicious trademark registration activities in accordance with the law and regulations, with the primary objective of achieving substantial advancements in regulating malicious trademark registrations by 2025. The above highlights China's firm and ongoing stance in combating malicious trademark registrations across all sectors. Refinements to normative documents will feature measures targeting such registrations in the Implementing Regulations of the Trademark Law. This includes further detailing what constitutes "serious circumstances" regarding malicious trademark registration applications and scenarios in the compulsory assignment system that could lead to confusion, along with their implementation in relevant departmental regulations and normative documents to clarify operational rules. The dynamic refinements of the Guidelines for Trademark Examination and Adjudication will involve intensifying research efforts on the governance challenges posed by malicious trademark registrations, timely formulation of pertinent policy documents, and the exploration of innovative examination rules within legal bounds. Enhancing the enforcement of laws and regulations The 2023–2025 Plan for Governing Malicious Trademark Registrations outlines that local intellectual property offices and trademark offices must strictly comply with laws, regulations, and rules such as the Trademark Law, the Implementing Regulations of the Trademark Law, several provisions on regulating trademark application and registration behaviour, regulations on the supervision and administration of trademark agencies, and the Provisions on the Determination and Protection of Well-Known Trademarks. They are mandated to lawfully refuse registrations, declare invalidity, block assignments, and disallow pledge registrations for malicious trademark applications. Cases involving individuals engaging in malicious pre-emptive trademark registration contrary to good faith principles and trademark agencies involved in illegal practices are to be forwarded to the relevant authorities for proper investigation. Approvals will not be granted under the law for cases where numerous malicious trademark registrations are pre-emptively pursued and subsequently assigned for profit. Regarding the act of maliciously applying for trademark registration, the current Trademark Law only broadly outlines administrative penalties such as warnings and fines and lacks provisions on specific fine amounts or civil liability. However, in the forthcoming fifth revision of the Trademark Law, with respect to malicious trademark registration applications, a fine of up to CNY 250,000 is expressly defined, alongside the introduction of administrative penalties involving the confiscation of illegal gains. Furthermore, civil liability is broadened to encompass compensation claimed by affected individuals and compensation claimed by prosecuting authorities in public interest lawsuits concerning activities that undermine national interests, public interests, and related concerns. In addition to expanding the application scope of administrative measures such as disapproval of registration and declaration of invalidity, as well as increasing administrative and civil actions against malicious trademark registration activities, there has been an increase in cases where courts, in judicial proceedings involving obvious wilful infringement, exceed the statutory maximum compensation limit of CNY 5 million and apply punitive damages to enhance the crackdown on malicious trademark registrations. For example, at the end of 2023, the Beijing Intellectual Property Court unveiled the Top Ten Typical Cases of Malicious Trademark Registrations; among which, a liquor company registering trademarks similar to the renowned ‘Yege’ series trademarks incurred a ruling mandating the defendant to compensate the plaintiff for economic losses totalling CNY 10 million. As a nation governed by statutory laws, China has made substantial legislative strides in combating malicious trademark registrations, offering explicit legal foundations and policy backing for addressing these issues and protecting the rights of all parties involved. It is essential for rights holders and trademark professionals not only to understand and effectively utilise new legal provisions but also to move beyond mere adherence to legal texts. Legal statutes shape social interactions, while societal evolution influences adjustments to legal frameworks, establishing a mutually beneficial relationship between law and society. Considerations in the use of trademarks Given China's continued and stringent crackdown on malicious trademark registrations, along with enhanced regulatory measures, the following recommendations are put forth by the authors for businesses to consider when applying for a trademark registration or acquiring trademarks from others: Enterprises applying for trademarks should promptly register trademarks aligned with their operational requirements to prevent the trademarks they have already put in use from being pre-emptively registered by others. Simultaneously, companies should uphold the principles of honesty and integrity, and govern their trademark application and registration processes in strict compliance with legal mandates. Trademark applications should exhibit reasonableness and legitimacy to steer clear of penalties related to suspected trademark infringement. If an enterprise aims to acquire trademarks from a third party through assignment, it is crucial to examine whether the trademarks being acquired have any defective titles. In practice, if the assigner is involved in malicious trademark squatting, there is a hidden risk that the assigned trademark could still face invalidation even after a successful assignment. Enterprises should raise awareness of trademark usage and uphold standardised records of promotional materials, sales contracts, invoices, and other evidence of use. By presenting such evidence of use, enterprises can seize the opportunity to defend their rights when confronting instances of trademark squatting by others. Final thoughts on China’s efforts to combat malicious trademark registrations Combating malicious trademark registrations is an ongoing effort, and in China, the measures taken to combat such registrations and the punitive fines imposed reflect a trend towards more stringent crackdowns. This approach is geared towards upholding a healthy and well-regulated trademark registration system, nurturing a supportive intellectual property legal framework, and safeguarding the legitimate interests of trademark rights holders.  

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system, and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect as from January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning open patent licensing, in conjunction with the related content from the newly revised "Guidelines for Patent Examination." Submission of the Open License Declaration: ① Who can submit the Declaration: patentee, all co-owners of the patent; or the parties as specified in the agreements among all co-owners of the patent with respect to matters related to open license; ② When to submit the Declaration: after the announcement of the grant of patent; ③ Who should sign/seal the Declaration: patentee, representative(s) of co-owners (with a written declaration of consent from all co-owners); in the case where a patent agency is appointed, the Open License Declaration shall be sealed by the patent agency and accompanied by a written declaration signed or sealed by all co-owners; ④How to submit the Declaration: in principle, the Open License Declaration are submitted electronically; where electronic submission is not feasible, the relevant documents may be submitted in person or by mail to the designated location specified by the China National Intellectual Property Administration (CNIPA); ⑤ What can be open-licensed: granted patents including invention patents, utility model patents, and design patents; ⑥ Cases where open licensing shall not be implemented: the patent is within the validity period of exclusive or sole license; the ownership of the patent is in dispute or the People's Court has issued a preservation measure on the patent, and relevant procedures have been suspended; the annuity has not been paid as required; the patent is pledged, and the consent of the pledgee is not obtained the patent has already been terminated; the patent has been declared invalid in its entirety; the patentee of a utility model or design patent has not submitted a patent evaluation report; the conclusion of the patent evaluation report states that the utility model or design patent does not meet the requirements for patent grant; and other circumstances that hinder the effective enforcement of the patent. ○7 Matters to be stated in the Declaration: patent number; name of the patentee(s); payment method and criteria for patent licensing fees; duration of the patent license; contact information of the patentee(s); commitment from the patentee(s) regarding the eligibility for Open License; brief explanation of the basis and method for calculating the licensing fees (generally within 2000 words; where payment is made at a fixed rate, it generally does not exceed CNY 20 million, and for amounts exceeding CNY 20 million, the patentee may use other methods of licensing; where payment is made in the form of a commission fee, the commission is generally no more than 20% of net sales or no more than 40% of profits); other specific matters that need to be clarified. The content of the Open License Declaration should be accurate and clear, without any commercial promotional language. * If the patentee pledges the patent subject to open licensing, when registering the pledge, they should provide the pledgee’s written declaration on consenting to continue the implementation of open licensing. Announcement and Effectiveness of Open License Declaration: The Declaration shall be announced if it complies with the provisions; otherwise it shall not be announced. If the patentee makes an Open License Declaration by means of providing false materials or concealing facts, etc., the Declaration should be revoked once the fraudulent actions are discovered. The relevant matters of the Open License Declaration shall be registered in the patent register and announced in the patent gazette. The published information includes: main classification code, patent number, Open License Declaration number, patentee, invention title, filing date, date of the grant announcement, payment method and criteria for patent licensing fees, duration of the patent license, contact information of the patentee, and the effective date of the Open License Declaration. The Open License Declaration shall take effect from the date of announcement. Withdrawal of Open License Declaration: As to who can make the withdrawal and who shall sign and seal the withdrawal, the parties involved are the same as those for the submission of an open license declaration. See ① and ③ in item 1 above. The withdrawal of an Open License Declaration shall not be accompanied by any conditions. If the conditions for withdrawal are met, a notice of withdrawal shall be announced, and if not, the CNIPA shall provide reasons. The withdrawal takes effect from the date of announcement. For Open License Declarations that should be withdrawn but have not been, the CNIPA will terminate or revoke the Open License Declaration and make an announcement. The published information includes: main classification code, patent number, Open License Declaration number, patentee, invention title, date of withdrawal of the Open License Declaration, etc. Effectiveness of the Open Patent Licensing Agreement: Conditions: any organization or individual who notifies the patentee in writing of their willingness to implement the open-licensed patent, and agrees to pay the licensing fees as announced; Additional materials: where an entity or individual in China implements an open patent license, and foreigners, foreign enterprises or other foreign organizations, or individuals, enterprises or other organizations in Hong Kong, Macao and Taiwan wish to implement the open-licensed patent, they shall comply with the Regulations of the People's Republic of China on the Administration over Technology Import and Export and the Measures for the Administration of Registration of Technology Import and Export Contracts. The duration of the open patent licensing implementation is from the effective date of the open licensing agreement until the expiration of the license period. Recordation of the Open Patent Licensing Agreement: Both the licensor and the licensee may submit the request for filing. Documents Required: application form for recording the patent licensing agreement, signed by the requesting party; written notice from the licensee to the patentee; proof of payment of licensing fees made by the licensee to the patentee (or proof of receipt of licensing fees by the patentee); proof of identity for the requesting party; Power of Attorney specifying the authority granted, if applicable; proof of identity of the authorized party; and any other required documentation. Handling of Fee Reduction Procedures during the Open Patent Licensing Implementation Period: When a party applies for the recordation of an open patent licensing agreement, it shall be considered as the patentee simultaneously requesting a reduction in patent annuity. The reduction applies to annuities from the date of recordation until the expiration of the patent term. If the patentee withdraws the Open License Declaration, they will no longer enjoy fee reductions in this respect starting from the next patent year. If the patentee meets the conditions for two different types of fee reductions, the higher reduction percentage shall be applied. Procedures that Require the Withdrawal of Implemented Open Licensing: requesting a change in bibliographical data due to the assignment of patent; the patentee submitting a written declaration to abandon their patent rights. * If the patentee changes due to a name change or other reasons and wants to continue the implementation of an open license, they shall timely go through the procedures related to the withdrawal of the original Open License Declaration and the submission of a new declaration. If the open licensing will no longer be implemented after the change of the patentee, the withdrawal procedures shall be handled in a timely manner. Consequences of Fraudulent Actions: The patentee shall not, by means of providing false materials or concealing facts, etc, make Open License Declarations or obtain annuity reductions during the open licensing implementation period. If an applicant or a patentee violates this provision, they may be warned by the patent enforcement department at the county level or above and may face a fine of up to CNY 100,000.  

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system, and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect on January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning patent certificate, patent register, and patent evaluation report, in conjunction with the related content from the newly revised "Guidelines for Patent Examination."  Replacement and Correction of Patent Certificates The revised "Guidelines for Patent Examination" have modified the conditions for replacing and correcting patent certificates. Replacement of Patent Certificates: The provision allowing patent holders to apply for replacement of paper certificates in cases where the original paper certificate is damaged has been removed. 1) Applicable types: Invention patents, utility model patents, design patents; 2) New regulations in the “Guidelines”: Where, according to the mediation by the local intellectual property administrative authority or the mediation or judgment by the People’s Court on a dispute over the ownership of the patent, the patent is returned to the person who filed the case, he may, after the said settlement or judgment takes effect, request the Patent Office for the replacement of the patent certificate after the formalities of changing patentee has been passed through. If the patent terminates, the Patent Office shall no longer replace the patent certificate. If the patentee changes due to transfer of patent or name change of the patentee, the patent certificate shall not be replaced. Where the original paper patent certificate issued by the Patent Office is damaged or broken, the patentee may request replacement of the patent certificate. The Patent Office may reissue an electronic patent certificate to the party concerned, and the replacement certificate should have the same content as the original patent certificate. Correction of Patent Certificates: The provision allowing patent holders to request the correction of certificates in cases where there are typing errors in the patent certificate has been removed. 1) Applicable types: Invention patents, utility model patents, design patents; 2) New regulations in the “Guidelines”: Where there is any error in the patent certificate, the patentee may request the Patent Office to correct it. If the Patent Office verifies that an error exists, the original patent certificate will be invalidated, and a corrected patent certificate will be issued. Patent Register In the revised "Implementing Regulations of the Patent Law" and "Guidelines for Patent Examination," three new items have been added concerning the content included in the patent register. 1) Applicable types: Invention patents, utility model patents, design patents; 2) New regulations in the “Guidelines”: The Patent Office shall establish the Patent Register when the patent is granted. The contents to be recorded in the Patent Register include the grant of the patent, transfer of the patent application or of the patent, declassification of national defense patent and secret patent, invalidation of the patent, termination of the patent, restoration of the patent, compensation for patent term, pledge and preservation of the patent and their discharge, the license contract for patent exploitation submitted for the record, open licensing for patent exploitation, compulsory license for patent exploitation, and change in the name, nationality and address of the patentee. Once made, the above said items are recorded in the Patent Register. The items recorded in the Patent Register shall be stored in the form of data in database. When a duplicate copy of the Patent Register is made, it shall be printed according to the prescribed format, and shall take effect when it is affixed with the special seal of certification. Patent Evaluation Report The revised ""Implementing Regulations of the Patent Law" and "Guidelines for Patent Examination" have added a new category of entities eligible to request a patent evaluation report, expanding the scope of requesting parties. It is now specified that applicants can request the patent administrative department to issue a patent evaluation report during the registration process, adding additional timing for making such requests. 1) Applicable types: Utility model patents, design patents; 2) New regulations in the “Guidelines”: After the announcement of the decision to grant a patent for utility model or a patent for design, the patentee, interested parties, or alleged infringers may request the CNIPA to prepare a patent evaluation report. The applicant may also request the CNIPA to prepare a patent evaluation report at the time of completing the patent registration formalities. If the requesting party is the alleged infringer, along with the request for a patent evaluation report, relevant supporting documents should be submitted. These may include notices of case filing issued by the People's Court or duplicates thereof, notices of case filing issued by patent administrative enforcement departments or duplicates thereof, case filing documents issued by mediation or arbitration institutions or duplicates thereof, lawyer's letters issued by the patent holder or duplicates thereof, complaint notices from e-commerce platforms or duplicates thereof, and so on. The CNIPA shall prepare a patent evaluation report within two months after receiving a qualified patent evaluation report request and the request fee, except when the applicant requests the preparation of a patent evaluation report at the time of completing the patent right registration formalities and the formality examination is passed, in which case the CNIPA shall prepare the patent evaluation report within two months from the date of the announcement of the grant of the patent. For the transfer, pledge registration, as well as the recordation of license contract for exploitation of utility model or design patents, the CNIPA may, if necessary, request the submission of a patent evaluation report.  

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system, and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect as from January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning reexamination and invalidation, in conjunction with the related content from the newly revised "Guidelines for Patent Examination." Revisions related to Reexamination Newly Added Reason for Examination The revised "Implementing Regulations of the Patent Law" added Rule 11: The application for a patent shall follow the principle of good faith. Patent applications of all kinds shall be filed on the basis of genuine invention and creation activities and the applicants shall not practice fraud. In reexamination procedure, if the application is found to involve in practicing fraud, the panel could examine the relevant grounds and evidence. Formality Change in Reexamination Documents The requirement that “two sets of the amended documents shall be filed” is deleted. In practice, one set of the amended documents shall be filed. Binding Force of Reexamination Decision Before this third revision, where a reexamination decision revokes the decision made by the previous examination department, the Patent Reexamination and Invalidation Department shall remit the relevant dossier to the “previous examination department”, which shall continue the process of examination; while after the revision, where a reexamination decision revokes the decision made by the previous examination department, the Patent Reexamination and Invalidation Department shall remit the relevant dossier to “examination department”, which shall continue the process of examination. This revision provides flexible handling for remitting the relevant dossier, i.e. the dossier can be remitted to the “previous examination department” or another appropriate “examination department”. The examination department shall follow the reexamination decision, and shall not make a decision contrary to the reexamination decision on the same basis of facts, grounds and evidence. Termination of Reexamination Procedure The termination situation of “where no legal proceedings are instituted within the 3 month limit or the reexamination decision is upheld by an effective judgement of the People’s Court” is deleted. Oral Hearing ① ways for oral hearing: offline oral hearing, online oral hearing (newly added), combination of online and offline oral hearing (newly added). ② acknowledgment by the parties: an acknowledgment of receipt shall be filed within the time limit designated in the notification of oral hearing and, in the acknowledgment, whether to attend the oral hearing procedure shall be indicated. Failure to submit the acknowledgment of receipt within the designated time limit is deemed not intending to attend the oral hearing proceedings. ③ time limit for filing the acknowledgment: revised from “within 7 days from the receipt of the notification” to “ designed time limit”. Generally, the designated time limit does not exceed 7 days. Revisions related to Invalidation Patentee’s Abandonment of Patent Following the principle of disposal by the party concerned, where the patentee’s abandonment of patent does not harm other’s legal right or interest or the public interest, such abandonment will be confirmed by the examination decision on invalidation request. Exception to Non-acceptance of the Invalidation Request An Invalidation Request against a patent which has been declared invalid by an examination decision shall not be accepted, unless said examination decision (invalidation decision) has been revoked by an effective judgement of the People’ court. Newly Added Reason for Invalidation The revised "Implementing Regulations of the Patent Law" added Rule 11: The application for a patent shall follow the principle of good faith. Patent applications of all kinds shall be filed on the basis of genuine invention and creation activities and the applicants shall not practice fraud. The invalidation petitioner can file an Invalidation Request with this reason. Meanwhile, if the obtainment of patent obviously breaches the principle of good faith, the Panel could examine the patent by citing the invalidation reason stipulated in Rule 11. Agent for Invalidation “Where a party appoints a citizen as his agent” has been revised to “Where a party appoints his close relatives or its staff or other citizens recommended by relevant social organization”. The scope of power of the agent is still limited to making observations and receiving documents in oral hearing proceeding. When a close relative is appointed as an agent, a certificate proving the relationship between the party concerned and the agent shall be filed, such as residence booklet, marriage certificate, birth certificate, certificate of adoption, certificate given by public security organs, certificate given by residential (village) committee, effective judgment or personnel archive. Close relatives include spouses, parents, children, siblings, grandparents, grandchildren and other relatives with caregiving and support relationships. When an employee is appointed as an agent, a certificate sufficiently proving the legitimate personnel relations between the party and the employee shall be filed, such as employment contract, records of social insurance premiums payment, records of wage payment; if the party is a government department or public institution, a written certificate indicating the employee’s position and the length of employment issued by the department or institution shall be filed. When a citizen recommended by relevant social organization is appointed as agent, the relevant provisions for the civil procedure in the People’s court shall be referred to. Formality Requirement for Participation of the Parties to the Patent Ownership Dispute in the Invalidation Procedure In the Examination Guidelines, a new rule is added: “where a party filed a request for suspension but the invalidation procedure is not suspended, the party to patent ownership dispute can request to participate the invalidation procedure” Documents required: where a party to patent ownership dispute requests to participate in the invalidation procedure, they should file a request for participating invalidation procedure and file certifying materials proving the ownership dispute has been accepted by the People’s court or local intellectual property administrative authority. Official examination: after the formality examination, the Reexamination and Invalidation Department should issue a notification to the party to patent ownership dispute regarding whether or not to approve their participation in the invalidation procedure. Additionally, the Reexamination and Invalidation Department should issue a notification on the status of the invalidation case to the party to patent ownership dispute who has been approved to participate in the invalidation procedure. Right: in the invalidation procedure, the party to patent ownership dispute can file its opinion for the Panel’s reference when examining the invalidation case. Examination Scope of the Invalidation In the invalidation procedure, the panel usually performs examination only on the invalidation scope, grounds and evidence requested/submitted by the parties concerned; and when necessary, the panel could examine the situation where the patent obviously violates the provisions of the patent law and its implementing regulations; the panel bears no obligation of a comprehensive examination on the validity of the patent. Evidence Filed by the Petitioner One acceptable situation of filing supplementary evidence out of 1 month period after filing the invalidation request, i.e. concerning claims amended by way of combination by the patentee, was deleted. Amendment to Patent Documents in the Invalidation Procedure For invention patents and utility mode patents, the amendments are still limited to claims; but a restriction is set, i.e. the amendments shall be made to address the invalidation grounds or the deficiencies pointed out by the panel. Manner of Amendments: deleting a claim, deleting a technical scheme, further defining a claim and correcting obvious errors. Deleting a claim means removing one or more claims, such as an independent claim or a dependent claim from the claims. Deleting a technical scheme means removing one or more technical schemes from several parallel technical solutions defined in the same claim. Further defining a claim means adding a technical feature included in other granted claims into the amended claim to narrow the protection scope. Delivery of Decision For an invalidation request involving patent ownership dispute, after a decision is made, the panel shall issue such decision to the parties to the patent ownership dispute who were approved to participate the invalidation procedure. Announcement of Decision Where the patent administration department under the State Council makes a decision on maintaining the validity of the patent or declaring the patent partially invalid on the basis of amended claims, it shall announce the amended claims. Termination of the Invalidation Procedure The termination situation of “where no legal proceedings are instituted within the 3 month limit or the examination decision is upheld by an effective judgement of the People’s Court” is deleted. Special Requirements for the Invalidation Requests involving the Mechanism for Early Resolution of Drug Patent Disputes ① Definition: Cases in which the applicant for drug marketing authorization (also known as applicant for genetic drug) files an invalidation request against a patent that has been registered on the Patent Information Registration Platform for Drugs Marketed in China and is relevant to the genetic drug. ② Request and material: Where, after making a Category IV Declaration according to Implementation Measures for the Mechanism for Early Resolution of Drug Patent Disputes (for Trial Implementation), i.e. “Category IV Declaration: the patent relevant to the genetic drug and registered on the Patent Information Registration Platform for Drugs Marketed in China shall be declared invalid or the genetic drug does not fall into the protection scope of the relevant patent”, the applicant for genetic drug files Invalidation Request, they shall indicate the Category IV Declaration in the Invalidation Request and file relevant proving material such as the official receipt of genetic drug registration, a copy of the Category IV Declaration. Where, after filing the Invalidation Request, the applicant for genetic drug makes a Category IV Declaration according to Implementation Measures for the Mechanism for Early Resolution of Drug Patent Disputes (for Trial Implementation), they shall file evidence showing that the Invalidation Request involves mechanism for early resolution of drug patent disputes in a timely manner; for cases in oral hearing procedure, the evidence shall be filed no later than the close of the oral hearing; and for cases without an oral hearing, the evidence shall be filed no later than the issuance of an examination decision. Where the patentee files a relevant lawsuit or askes for relevant administration adjudication according to the relevant provisions of Implementation Measures for the Mechanism for Early Resolution of Drug Patent Disputes (for Trial Implementation), they shall notify the panel of the relevant lawsuit or administration adjudication. * Where the petitioner fails to file evidence showing that the Invalidation Request involves mechanism for early resolution of drug patent disputes, the Invalidation Request will be handled in normal procedure. ③ Examination Order: Where several Invalidation Requests involving the mechanism for early resolution of drug patent disputes are filed against one patent, such Invalidation Requests will be examined in order of the filing date. ④ Examination Basis: Where an early examination decision upholds the validity of the patent based on the amended text submitted by the patentee, a subsequent invalidation request can be examined based on the aforementioned amended text. ⑤ Notifying relevant departments: Upon request, a Notification on the Examination Status of Invalidation Request can be issued; where the relevant departments were previously notified before the examination of the invalidation request, the panel should, after making an examination decision, send the Examination Decision and Notice on Closure of Examination on the Invalidation Request to the relevant departments. Oral Hearing ① ways for oral hearing: offline oral hearing, online oral hearing (newly added), combination of online and offline oral hearing (newly added). ② situation for not holding an oral hearing: For the invalidation cases that has not undergone oral hearing, where the panel receives a written request for oral hearing from the party concerned, the panel shall decide to hold an oral hearing unless the panel thinks that there is indeed no need to hold an oral hearing. ③ ways to notify: Notification of Oral Hearing can be sent to the parties through the electronic patent filing system, or via mail, fax, email, telephone, text message, or other means. ④ acknowledgment by the parties: the acknowledgment of receipt shall be filed within the time limit designated in the notification of oral hearing and, in the acknowledgment, whether to attend the oral hearing procedure shall be indicated. Failure to submit the acknowledgment of receipt within the designated time limit is deemed not intending to attend the oral hearing proceedings (Where the petitioner fails to file an acknowledgment of receipt and does not attend the oral hearing, its Invalidation Request is deemed as withdrawn). ⑤ time limit for filing the acknowledgment: revised from “within 7 days from the receipt of the notification” to “ designed time limit”. Generally, the designated time limit does not exceed 7 days. ⑥ Chairing of oral hearings: oral hearings are usually presided over by the chairman of the panel. For simple cases where the facts are clear and the dispute points are well-defined, with the unanimous consent from the panel, the chief examiner can also attend and preside over the oral hearing on behalf of the panel. Amendment to Invalidation Procedure of Design Patent ① criteria for judging identical designs: For a partial design, products of the same class mean that the products have completely the same use and the relevant parts also have the same use. ② criteria for judging substantially identical designs: For a partial design, when judging whether a product is of approximate classes, the use of the product and the use of the relevant part shall be comprehensively considered. A new situation of “substantially identical designs” is added: the difference between the designs is a change in conventional location and/or proportion of a portion in the entire product, which portion is claimed in the partial design. ③ overall observation and comprehensive judgement The comparison of designs shall be made through the approach of overall observation and comprehensive judgment. The approach of overall observation and comprehensive judgment means taking a normal consumer as the subject of judgement and observing the overall design of the patent concerned and the comparative design, to determine the similarities and differences between them, assess the overall visual effect of the similarities and differences and then make a comprehensive judgement. ④ identifying the patent concerned For a partial design, the focus should be on the shape, pattern, and color of the claimed part. Additionally, the position and proportion of such part in the depicted product should be taken into consideration. ⑤ examination in accordance with Article 23.2 When making judgments, the comparison could be made between the patent concerned and a single existing design or between the patent concerned and a combination of features of two or more existing designs. The features of a existing design that can be used for combination should be designs that could be physically or visually distinguished and have relatively independent visual effects. Arbitrary divisions of points, lines, or surfaces are not existing design features suitable for combination. However, in the case of a partial design, the corresponding parts in existing designs can be considered as existing design features that can be used for combination. ⑥ comparison with the existing design of a product of the same or approximate class For a product design comprising graphical user interface (GUI), the GUI shall have a more significant impact on the overall visual effect if the remaining parts of the design is of ordinary design. ⑦ conditions for entitlement to priority right Where a design patent application is filed claiming priority to a domestic invention or utility model application, the earlier application will not be deemed as withdrawn. Revisions related to Foreign Evidence CNIPA designating translation agency Where both parties cannot reach an agreement on the appointment of a translation agency, the Patent Reexamination and Invalidation Department can designate a professional translation agency to carry out the translation; the translation fee will be shared equally (50%) by both parties; if a party refuses to appoint or pay for the translation fee, it will be deemed as acknowledging the correctness of the Chinese translation submitted by the other party. Verification formalities for evidence formed abroad Evidence formed abroad means evidence formed beyond the territory of the People's Republic of China. Such evidence should be notarized by a notary public in the country where it was obtained or fulfill the certification procedures stipulated in relevant treaties concluded between the People's Republic of China and that country. The requirement “and verified by the Chinese embassy or consulate in the country” is deleted. One circumstance, in which the party may not go through the relevant verification formality in the invalidation procedure, is added: the evidence has already been confirmed by an effective judgment of a people's court, a decision of an administrative authority, or a ruling of an arbitration institution.  

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system, and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect as from January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning suspension of procedures, in conjunction with the related content from the newly revised "Guidelines for Patent Examination." What is Suspension of Procedures Suspension of procedures refers to an action of the Patent Office to suspend the relevant procedures upon the request of a party concerned in a dispute over the ownership of right or under the request of the People's Court when a dispute over the right to apply for a patent (or ownership of a patent right) is accepted by the local intellectual property administrative authority or the People's Court, or when the People's Court has ordered the adoption of measures of property preservation for the right to apply for a patent (or the patent right). Requirements for Requesting Suspension (1) Where a party concerned files the request of suspension, the dispute over the ownership of right to apply for a patent (or of a patent right) shall have been accepted by the local intellectual property administrative authority or by the People's Court. Where assistance to enforce the adoption of measures of property preservation for the right to apply for a patent (or a patent right) is asked for by the People's Court, the civil order for property preservation shall have been made; or (2) the requester for suspension shall be either the party concerned in a dispute over the ownership of right or the People's Court that has adopted the measures of property preservation for the right to apply for a patent (or a patent right). Scope of Suspension： (1) Suspending the procedures of preliminary examination, substantive examination, reexamination, the grant of patent right, and invalidation; (2) Suspending the procedures of an application deemed to have been withdrawn, entitlement to patent deemed to have been abandoned, and termination of a patent due to failure to pay annual fee, etc; and (3) Suspending the formalities to withdraw a patent application, to abandon a patent right, to make a change of the name of the applicant (or patentee), to transfer the right to apply for a patent (or a patent right), and to register the pledge of a patent right, etc. *Notice: Where, the procedure of preparation for publication or announcement has started before the request for suspension is approved, the said procedure shall not be affected by the request for suspension. Notification of Suspension (1) Where the requirements for suspension of procedures are met, the Patent Office will issue a Notification of Decision on Request for Suspension or a Notification of Commencement of Preservation (depending on the specific reason for the suspension). (2) For suspension due to assistance in execution of property preservation, where a patent in the invalidation procedure in involved, the flow management department of the Patent Office shall also notify the Patent Reexamination and Invalidation Department of the decision of enforcing the suspension, and the Patent Reexamination and Invalidation Department shall notify the parties concerned in the invalidation procedure. I. Suspension Due to Dispute over Patent (Application) Right Ownership Any party involving in a dispute over the ownership of the right to apply for a patent or a patent right, 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 patent administration department under the State Council to suspend the relevant procedures. Formalities of Requesting Suspension: (1) submit a request for suspension and specify the reasons; (2) attach certifying documents, i.e., the original or a duplicate copy of the acceptance document with patent application number (or patent number) issued by the local intellectual property administrative authority or the People's Court . Time Limit of Suspension: the duration of the suspension shall generally not exceed one year; if no decision is made within one year of the suspension and it is necessary to continue the suspension, the requester may request to extend the suspension before the expiration date of the suspension and meantime submit certifying document of reasons for not concluding the case issued by the authority accepting the dispute over the ownership of right. The suspension may be extended once, and the extension period shall not exceed six months. Cessation of Suspension 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, and the person who requested the suspension does not request an extension of the suspension, the Patent Office shall resume the suspended procedure on its own initiative; for the patent application (or patent) which is still in the suspension period, after receiving an effective handling decision, document of mediation, ruling, or judgment that does not concern the change of the owner of the right, the Patent Office shall promptly cease the suspension; where it concerns the change of the owner of the right, the Patent Office shall cease the suspension after the necessary procedures for updating the bibliographic data are completed. Exceptions to Request for Suspension of Patent Invalidation Proceedings: For patents involved in an invalidation procedure, after the formal examination is completed by the flow management department of the Patent Office, further examination is conducted by the Patent Invalidation Examination Department. The patent invalidation proceedings may not be suspended in the following circumstances: (1) where a decision on the invalidation examination can be made based on the examination work already conducted; (2) where the reasons presented by the parties involved in the ownership dispute are clearly insufficient and there is no sufficient evidence demonstrating the existence of an ownership dispute; (3) where there is evidence indicating that the suspension of the patent invalidation proceedings would significantly harm the interests of the parties or public interests; (4) where there is evidence indicating that the request for the suspension of procedures is clearly made in bad faith or involves improper conduct. II. Suspension Due to Assistance in Execution of Property Preservation Where, in hearing civil cases, the people's court has ordered the adoption of preservation measures on the right to apply for a patent or a patent right, the patent administration department under the State Council 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 patent administration department under the State Council shall resume the relevant procedure on its own initiative. Formalities of Requesting Suspension: (1) the People's Court shall serve the specified receiving department of the Patent Office with the civil order of property preservation of the right to apply for a patent (or a patent right) and the Notification on Assistance in Execution, and provide the address, postal code and name of the addressee of the People's Court; (2) the civil order and the Notification on Assistance in Execution shall indicate the information of the patent application or patent upon which the Patent Office is asked to assist the execution, such as the application number (or patent number), the title of the invention-creation, and the name of the applicant (or the patentee), as well as the property preservation period; and (3) the patent application (or the patent) upon which assistance in execution of property preservation is asked for shall be valid. Time Limit of Suspension: the duration of property preservation specified in the civil order and the Notification on Assistance in Execution; where the People's Court orders to continue adopting measures of property preservation, it shall serve the Patent Office with a Notification on Assistance in Execution for keeping on the preservation before the expiration of the time limit for suspension, and the suspension may be extended if the Notification on Assistance in Execution complies with the regulations after being checked. Cessation of Suspension Procedure: (1) after the time limit for suspension expires, where there is no request of the people's court to continue the preservation; (2) where a notification of discharging preservation from the People's Court which asked for assistance in execution of property preservation is received, and it is in conformity with relevant provisions after being checked. III. Suspension Concerning Invalidation Procedure Where, in the course of a patent infringement dispute, the alleged infringer requests invalidation of the patent and his request is accepted by the Patent Administration Department of the State Council, he may request the administrative authority for patent affairs to suspend the handling of the matter. If the administrative authority for patent affairs considers that the reasons set forth by the alleged infringer for the suspension are obviously untenable, it may not suspend the handling of the matter. The duration of suspension shall not exceed one year, and the Patent Office will resume the relevant procedures on its own initiative once the time limit of suspension expires. IV. Suspension Circumstances and Open Licensing Suspensions due to dispute over patent ownership and suspensions due to assistance in execution of property preservation can affect a patent holder's ability to grant open licenses for their patents.  

In order to adapt to the changing demands of the new market development, further improve China's patent protection system,and align China's patent protection with international standards, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. The revised "Implementing Regulations" has come into effect on January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant revisions concerning filing procedures, incorporation by reference, and priority system. Revisions Related to Filing Procedures Changes in the timing of when the request for non-publication of an inventor's name is deemed not to have been made An inventor can request non-publication of their name when filing a patent application. Where a request for non-publication of an inventor's name is made after the filing of a patent application, the provision has been amended from "if such request is made after the patent application enters into the procedure of preparation for publication, it shall be deemed not to have been made” to "if such request is made after the patent application is prepared for publication, it shall be deemed not to have been made". Changes in the timing of when the request for declaration of withdrawal of earlier publication and declaration of withdrawal of patent application is deemed not to have been made Declaration of Withdrawal of Earlier Publication: The provision has been amended from "after the application enters the preparation of publication, any request made by the applicant for withdrawing the previous request for earlier publication shall be deemed not to have been made, and the application documents shall be published in due course” to "after the application is prepared for publication, any request made by the applicant for withdrawing the previous request for earlier publication shall be deemed not to have been made, and the application documents shall be published in due course". Declaration of Withdrawal of Patent Application: The provision has been amended from "where any declaration to withdraw a patent application is submitted after entering the preparation of publication, the application documents shall be published or announced as scheduled, but the examination procedures shall come to an end” to "where any declaration to withdraw a patent application is submitted after it is prepared for publication, the application documents shall be published or announced as scheduled, but the examination procedures shall come to an end". Note: The time for completing the printing preparations for the publication of patent application documents is generally one month prior to the eighteen-month period stipulated in Article 34 of the Patent Law. Conditions for submitting a request to change the inventor due to omission or incorrect filling New time requirement: The request should be submitted within one month from the date of receiving the Notification of Acceptance. Documentation: A proof document with signatures or seals of all applicants (or patentees) and all inventors before and after the change (previously specified as “before the change”). The document should indicate the reason for the change and declare that, it has been confirmed that in accordance with Rule 14 of the Implementing Regulations of the Patent Law, the inventors after the change are all individuals who have made creative contributions to the substantive features of the invention. PCT international applications entering the national phase in China - cancellation of the requirement of submitting a copy of abstract drawing For an international application with an abstract drawing, the abstract drawing shall be designated in the entry declaration (previously specified as “a copy of the abstract drawing shall be submitted”). The designated abstract drawing should be consistent with the one in the international publication. If it does not comply with the regulations, the examiner may notify the applicant to make rectifications or may designate one ex officio and notify the applicant. Handling of delays in processing procedures for entering the national phase New provision: Where the applicant has paid the prescribed fees in full within the period specified in Rule 120 of the Implementing Regulations of the Patent Law, but is deemed not to comply with the provisions of Article 121(2) due to errors in filling out the application number or related information, they may request corrections before the Patent Office within one month from the date of receiving the Notification of the Failure of the International Application to Enter the Chinese National Phase. Formalities of patent filing procedures It is specified that "patent filing procedures shall be conducted in a written form, such as electronic form, paper form, etc., in compliance with the regulations”. Any patent application conducted orally, via telephone, physical means, fax, email, or other forms shall be deemed not to have been filed and shall have no legal effect, except otherwise specified. New provision: Conversion of paper application to electronic application The applicant, petitioner for reexamination, or patent agency may request the conversion of a paper application into an electronic application, except for patent applications that involve national security or significant interests requiring confidentiality. Confidentiality examination of patent applications to be filed abroad Regarding confidentiality examination for patent applications intended to be filed abroad directly, the time limit for examiners’ review has been supplemented. The examiners shall conduct the preliminary confidentiality examination of the request for the confidentiality examination of the patent application to be filed abroad. Where the form of the request does not comply with the provisions, the examiner shall notify the requester within two months from the submission date of the request that the request for confidentiality examination is deemed not to have been made. In complex cases, the examiner may notify the requester within four months from the submission date of the request, and the requester may again submit a regulation-compliant request for confidentiality examination of the patent application to be filed abroad. Where the technical solution is obviously not necessary to be kept secret, the examiner shall notify the requester within two months from the submission date of the request that it or he may file a patent application abroad. In complex cases, the examiner may notify the requester within four months from the submission date of request. Where the technical solution may need to be kept secret, the examiner shall notify the requester that further confidentiality examination shall be conducted and the filing of the patent application abroad shall be suspended. The examiner shall issue the Notification of Confidentiality Examination of Patent Application to Be Filed Abroad within two months from the submission date of the request. In complex cases, the examiner shall issue the Notification within four months from the submission date of the request, and inform the requester of said examination results. Where the requester is notified to suspend filing the patent application abroad, the examiner shall conduct further confidentiality examination, and if necessary, may invite technical experts in related fields to assist in the examination. The examiner shall issue the Decision on Confidentiality Examination of Patent Application to Be Filed Abroad based on the conclusions of the confidentiality examination within four months from the submission date of the request. In complex cases, the examiner shall issue the Notification within six months from the submission date of the request, and notify the requester of the examination results on whether filing a patent application in respect of the technical solution abroad is permitted. The following provisions are cancelled: If the requester fails to receive the Notification of Confidentiality Examination of Patent Application to Be Filed Abroad within 4 months from the filing date of its or his request, it or he may file a patent application in respect of the technical solution abroad. If the requester fails to receive the Decision on Confidentiality Examination of Patent Application to Be Filed Abroad within 6 months from the filing date of its or his request, it or he may file a patent application in respect of the technical solution abroad. Date of delivery of notifications Notifications and decisions delivered through electronic means shall be deemed as delivered on the date of entry into the electronic system recognized by the parties. In cases where the date of entry into the electronic system recognized by the parties differs from the date of issuance of the notification or decision, unless the parties can provide evidence to the contrary, the date of issuance of the notification or decision shall be presumed as the date of delivery. (Previous provision: Where a notification or decision is delivered by post, in person or by electronic means, the l6th day from the date of mailing shall be the date on which the party concerned presumably receives the notification or decision.) Calculation of time limits Wording adjustment, which clarifies that: the day on which a time limit begins shall not be counted in the time limit and the calculation starts from the following day. (Previous provision: The first day of any time limit shall not be counted in the time limit.) Revisions Related to Incorporation by Reference A new Rule 45 of the revised "Implementing Regulations of the Patent Law" clarifies that when a portion of claims, specifications, etc. of an invention or utility model patent application is omitted or incorrectly submitted, the applicant make a supplementary submission within a specified period through incorporation by reference of a prior application. The "Guidelines" provides detailed instructions and standards for these related procedures. 1) Applicable types: invention patent applications and utility model patent applications; 2) Permissible incorporation by reference: claims, description, drawings, sequence listing; 3) Submission requirements: the referenced prior application needs to be claimed as priority when the patent application is filed in China for the first time; 4) Timing of submission: at the time of the initial filing of the patent application; 5) Materials to be submitted: within 2 months from the date of filing the patent application or within a period specified by the CNIPA, the applicant needs to submit a confirmation statement on incorporation by reference (stating the prior application number and indicating the location of the supplementary content in the copy of the prior application) and provide relevant supporting documents. ① For applications claiming a domestic/Chinese priority , it is necessary to submit the application documents (revised/replacement pages) for supplementation. ② For applications claiming a foreign priority, it is necessary to submit the application documents (revised/replacement pages) for supplementation and provide a copy of the prior application issued by the original receiving office along with its Chinese translation; 6) Handling of non-compliant incorporation by reference: ① In cases where the submitted documents do not conform to the regulations in terms of their formats, the examiner will first issue a Notification To Rectify Formalities. If no response or rectification is made within the given timeframe or the documents after rectification still do not comply with the requirements, the examiner shall issue a Notification of Revocation of Patent Application Acceptance, explicitly stating that the statement on incorporation by reference is considered not to have been filed, and the case will be closed accordingly. ② In cases where the supplemented application document is not included in the copy of the prior application or its Chinese translation, the examiner will first issue a Notification to Rectify Formalities". If no response is received within the given timeframe, the examiner shall issue a Notification of Revocation of Patent Application Acceptance, explicitly stating that the statement on incorporation by reference is considered not to have been filed, and the case will be closed accordingly. If, after rectification, the application document is still not included in the copy of the prior application or its Chinese translation but meets other requirements, the examiner shall issue a Notification of Redetermination of Filing Date, determining the date of supplementing the claims or specification as the filing date. ③ In case the application does not comply with the provisions of Article 29 of the Patent Law, Rules 34 and 35 of the Implementing Regulations of the Patent Law, as well as Sections 6.2.1, 6.2.2, and 6.2.5 of Chapter 1 in Part 1 of the Guidelines for Patent Examination, or falls under the circumstances stipulated in Rule 3 and Rule 37 of the Implementing Regulations of the Patent Law, the examiner shall issue a Notification of Revocation of Patent Application Acceptance, explicitly stating that the statement on incorporation by reference is considered not to have been filed, and the case will be closed accordingly. 7) Inapplicable situations: ① Incorporation by reference is not applicable to divisional applications; ② Rule 6(2) of the Implementing Regulations (i.e. a party concerned may request restoration of rights where a time limit is not observed due to other justified reasons than force majeure) is not applicable where the applicant fails to meet the deadline for incorporation by reference; ③ Incorporation by reference is not applicable to applications which fall under the circumstances prescribed in Rule 36 (restoration of priority) and Rule 37 (addition or correction of priority) of the Implementing Regulations. 8)  International applications: The designation method and examination requirements for international application are the same as those for domestic applications. If the copy of the prior application and its Chinese translation do not fully include the content incorporated by reference, the filing date in China will be redetermined based on the information recorded in the PCT/RO/114 form. If there are apparent examination errors concerning the items or parts incorporated by reference, the examiner will issue a Notification to Make Rectification to inform the applicant to request for change of the relevant filing date in China to preserve the items or parts incorporated by reference, or deletion of the items or parts incorporated by reference without changing the filing date in China. If the rectification is not made within the given timeframe, the examiner will issue a Notification that Application Deemed to be Withdrawn. 9) Cases where the examiner proactively requests applicants to supplement documents: When it is found during the acceptance process that an invention or a utility model application lacks a specification or claims, or a utility model application lacks drawings, if the application claims a priority, the CNIPA will issue a Notification to Supplement Missing Documents. If no priority is claimed, the CNIPA will issue a Notification of Nonacceptance. If the applicant goes through the formalities in accordance with the relevant provisions on incorporation by reference and meets the acceptance requirements, the application will be accepted. The CNIPA will issue a Notification of Acceptance, Notification to Pay Filling Fees, or Notification of Decision on Reduction of Fees. If the formalities are not completed or if the requirements for acceptance are still not met, a Notification of Nonacceptance will be issued. Priority-Related Revisions I. Domestic Priority for Designs For design patent applications claiming domestic priority: If the prior application is an invention or a utility model patent application, the applicant can file a design patent application for the same subject matter as depicted in the drawings of the prior application. If the prior application is a design patent application, the applicant can file a design patent application for the same subject matter. A prior Chinese application shall not be used as a basis for claiming domestic priority if its subject matter meets any of the following circumstances: 1) it has claimed a foreign priority or a domestic priority, except that a foreign priority or a domestic priority is claimed but not enjoyed; 2) it has been granted a patent; 3) it is a divisional application. Deemed withdrawal: A prior application is deemed to have been withdrawn as of the date of filing of the subsequent application and can no longer serve as a basis for claiming domestic priority. However, for design patent applications which claim domestic priority to an invention or a utility model patent application, the provision does not apply. In such cases, the prior application will not be deemed as withdrawn. II. Addition or Correction of Priority (New Rule 37 of the Implementing Regulations) Time limit: within 16 months from the priority date or within 4 months from the filing date, and before the CNIPA completes the publication preparation. Requirements: ① Priority is claimed at the time of filing a new application; ② A request to add or correct priority is submitted within the specified deadline; ③ Priority claim fee is paid (if adding priority claims). The request should specify the filing date, application number, and the name of the original receiving office of the prior application. If a copy of the prior application document needs to be submitted, the applicant may engage a patent agency to handle it or do it themselves. If one or two of the filing date, application number, and the name of the original receiving office of the prior application are not specified or are incorrect, and the applicant has submitted a copy of the prior application document within the specified period, the examiner should issue a Notification to Rectify Formalities. If no response is provided within the deadline or if the requirements are still not met after the rectification, the examiner shall issue a Notification that Request Deemed Not to Have Been Made. Exclusions: Rule 6(2) of the Implementing Regulations (i.e. a party concerned may request restoration of rights where a time limit is not observed due to other justified reasons than force majeure) is not applicable where the applicant fails to meet the deadline for addition or correction of priority. Addition or correction of priority is not applicable to applications which fall under the circumstances prescribed in Rule 36 (restoration of priority) of the Implementing Regulations. III. Restoration of Priority (New Rule 36 of the Implementing Regulations) Time limit: within 14 months from the filing date of the prior application and before the CNIPA completes the publication preparation. Documents required: ① Submitting a request for restoration of priority: the request should provide a reason for the restoration. ② Paying the restoration request fee and the priority claim fee; ③ Completing any other required procedures, such as submitting a copy of the prior application, translations thereof, proof of assignment of priority, etc. (if necessary, the same requirements as those for claiming priority normally). Notification: The Notification of Decision on Restoration of Rights will indicate whether the restoration is granted or not. Exclusions: Rules 6(1) and 6(2) of the Implementing Regulations (i.e. a party concerned may request restoration of rights where a time limit is not observed due to force majeure or other justified reasons) are not applicable where the applicant fails to meet the deadline for restoration of priority. Restoration of priority is not applicable to applications which fall under the circumstances prescribed in Rule 37 (addition or correction of priority) of the Implementing Regulations. Restoration according to Rule 128 of the Implementing Regulations of the Patent Law (in alignment with provisions relating to PCT international applications): 1) For cases where the priority restoration has been approved by the receiving office during the international phase, the CNIPA generally does not raise further questions, and the applicant does not need to go through the restoration procedure again; 2) For cases where the priority restoration was not approved by the receiving office during the international phase, if the applicant has valid reasons, they may request the priority restoration within two months from the entry date. The formal requirements are the same as those mentioned above. If the requirements are not met, the priority right will be deemed not to have been claimed. Restoration according to Rule 6 of the Implementing Regulations of the Patent Law (newly added content in the Guidelines for Patent Examination): An addition in the circumstances where restoration is not granted: Where the subject matter of the prior application is deemed not to have claimed domestic priority because the subject matter has already been granted a patent, the right to request the priority restoration shall not be granted. IV: Priority Claim in Design Applications: Declaration on priority for international design applications filed under the Hague Agreement and designating China: If an international design application published by the WIPO includes one or more priority claims, it is considered as having made a written declaration in accordance with Article 30 of the Patent Law. Priority claim for international design applications filed under the Hague Agreement: If the applicant of an international design application wishes to claim priority, they must submit a copy of the first-filed patent application to the CNIPA within three months from the date of publication of the international design application. If it is not submitted within the deadline, the priority claim will be deemed not to have been made.  

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system,and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect as from January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning compensation for patent term, in conjunction with the related content from the newly revised "Guidelines for Patent Examination." Situations for Patent Term Compensation: Situation One: Where an invention patent is granted after the expiration of four years from the date of filing and after the expiration of three years from the date of the request for substantive examination, the patent administrative department under the State Council shall, at the request of the patentee, provide patent term compensation for the unreasonable delay in the granting process of the invention patent ("delayed grant"); or Situation Two: To compensate for the time taken for the review and approval process before the marketing of a new drug, the patent administrative department under the State Council shall, at the request of the patentee, provide patent term compensation for invention patents related to new drugs which have been approved for marketing in China ("drug patents"). Scope of Compensation for "Delayed Grant": Patent term compensation is provided for the unreasonable delay in the granting process of invention patents. Exclusions from "Delayed Grant": Where an applicant applies for both a utility model patent and an invention patent on the same day for the same invention-creation and then obtains the invention patent by declaring the abandonment of the utility model patent, the patent term of the invention patent shall not be subject to patent term compensation. Filing of the Request for Patent Term Compensation Regarding "Delayed Grant": ① Filing Entities: Patentee, representative of co-owners, patent agency (if appointed). ② Filing Timeframe: Within 3 months from the date of announcement of grant of patent. ③ Document Required: Request for Patent Term Compensation and Drug Patent Term Compensation. ④ Fees: Official fees are applicable and must be paid within 3 months from the date of announcement of grant of patent. Determination of Term Compensation Regarding "Delayed Grant": For patent term compensation provided, the compensation period shall be calculated based on the actual number of days of unreasonable delay in the granting process of the invention patent. The actual number of days refers to the number of days calculated by deducting the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant from the number of days between the date on which four years have elapsed since the filing date of the invention patent application and three years have elapsed since the date of the request for substantive examination and the date of announcement of grant of the patent. * For Chinese national phase applications of PCT applications, the calculation of the above-mentioned deadlines is based on the date of entering the national phase in China. * For divisional applications, the calculation of the above-mentioned deadlines is based on the date of filing the divisional application. * The effective date of the request for substantive examination is determined based on the later date between the date of submission of the request and the date of full payment, and if the date of the request for substantive examination and the date of payment for substantive examination fee are prior to the date of publication, the calculation starts from the date of publication. Reasonable Delays in "Delayed Grant": Delay caused by reexamination proceedings in which amendments to patent application documents are made; delay caused by suspension of procedures, delay caused by preservation measures, delay caused by administrative litigation procedures, and delay caused by other reasonable circumstances Unreasonable Delays Caused by the Applicant in "Delayed Grant": ① delay caused by failure to respond within the specified time limit to the notifications issued by the Patent Office, and the period of delay is from the expiration date of the time limit to the date on which the response is actually submitted; ② delay caused by the request for a deferred examination, and the period of delay is the actual period of the deferral of examination. ③ delay caused by incorporation by reference; ④ delay caused by the request for restoration of rights, and the period of delay is from expiration date of the original time limit to the issuance date of the Notification of Decision on Request for Restoration of Right that approves the restoration, except where it can be shown that the delay was caused by the Patent Office; ⑤ delay caused by the applicant's failure to request expedited processing for a PCT application’s Chinese national phase application filed within 30 months from the priority date, and the period of delay is from the date of entering the national phase in China to 30 months from the priority date. Approval of Requests for Term Compensation Regarding "Delayed Grant": ①Where it is determined after examination that the request for patent term compensation meets the conditions for compensation, the Patent Office shall make a decision to grant the term compensation and inform the number of days for the compensation; ②Where it is determined after examination that the request for patent term compensation does not meet the conditions for compensation, the Patent Office shall provide the requester with at least one opportunity to present their arguments and/or make rectifications. If the request still does not meet the conditions for compensation, a decision of denial of term compensation shall be made. Registration and Announcement of "Delayed Grant": Once the decision to grant patent term compensation is made, the Patent Office shall register the relevant matters in the patent register and announce them in the patent gazette. Conditions for "Drug Patent" Term Compensation: ① The date of announcement of grant of a patent for which compensation is requested should be earlier than the date of approval of the application for drug marketing; ② The patent is in force at the time of the filing of the compensation request; ③ The patent has not previously been granted a drug patent term compensation; ④ The claims of the patent for which compensation is requested include the relevant technical solutions of the new drug with marketing approval. ⑤ Where multiple patents exist for the same drug, the patentee may only request drug patent term compensation for one of those patents; ⑥ Where a single patent pertains to multiple drugs, a request for drug patent term compensation may only be made for one drug in relation to that patent. Filing of Request for “Drug Patent” Term Compensation ① Filing Entities: Patentee (where there is a discrepancy between the marketing approval holder and the patentee, written consent from the marketing approval holder should be obtained), representative of co-owners, patent agency (if appointed). ② Timing of Filing: Within 3 months from the date of obtaining drug marketing approval in China; for drugs with conditional approval, the filling should be made within 3 months from the date of obtaining formal marketing approval in China, but the calculation of the compensation period is based on the date of obtaining the conditional marketing approval. ③ Fees: Official fees are applicable, and must be paid within 3 months from the date of obtaining drug marketing approval in China. Materials Required for “Drug Patent” Term Compensation: ① Supporting documentation of the drug marketing approval; ② Where there is a discrepancy between the patentee and the marketing approval holder, materials such as written consent from the drug marketing approval holder shall be submitted; ③ Relevant technical information used to determine the scope of patent protection during drug patent term compensation, for example, where patent term compensation is requested for a method of preparation, documents about the drug manufacturing process approved by the drug supervision and administration department of the State Council shall be submitted; ④ Request for Patent Term and Drug Patent Term Compensation, which shall indicate: drug name, drug registration classification, approved indications, and the patent number for which compensation is requested; it should specify the claims related to the new drug approved for marketing and provide detailed explanations, supported by relevant evidence, on how these claims encompass the technical solutions related to the new drug; the Request should also provide the basis for calculating the compensation period and clearly identify the technical solutions protected during the drug patent term compensation; and ⑤ Additional supporting documentation required by the Patent Office. Application Scope of “Drug Patent” Term Compensation: Innovative drugs that have been approved for marketing by the drug supervision and administration department of the State Council and improved new drugs that meet relevant regulations may be eligible for drug patent term compensation for product invention patents, preparation method invention patents, or medical use invention patents related to the active pharmaceutical ingredient. The definitions of innovative drugs and improved new drugs are determined in accordance with relevant laws and regulations, as well as the specific provisions of the drug supervision and administration department of the State Council. Improved new drugs eligible for term compensation are limited to the following categories as recorded in the drug registration certificate issued by the drug supervision and administration department of the State Council: (1) Category 2.1 chemical drugs that contain esters formed from known active ingredients or salts formed from known active ingredients; (2) Category 2.4 chemical drugs for new indications that contain known active ingredients; (3) Vaccines with improved vaccine strains in Category 2.2 biological products for prophylactic use; (4) Biopharmaceuticals with new indications in Category 2.2 therapeutic biological products; (5) Category 2.3 traditional Chinese medicines with enhanced functionality and therapeutic effects. Examination of Whether the Specified Claims of a "Drug Patent" Include a Technical Solution Related to a New Drug: The technical solutions related to new drugs should be based on the structure, composition, and content of new drugs approved by the drug supervision and administration department of the State Council, as well as the approved manufacturing process and indications. If the specified claims do not include the technical solutions related to the new drug approved for marketing, no term compensation will be granted. During the drug patent term compensation period, the scope of protection for the patent is limited to the new drugs approved for marketing by the drug supervision and administration department of the State Council, and is limited to the technical solutions related to the approved indications of the new drug. Within this scope of protection, the rights and obligations of the patentee remain the same as before the patent term compensation. The scope of protection for product claims is limited to the marketed new drug products used for the approved indications. The scope of protection for medical use claims is limited to the approved indications of the marketed new drug product. The scope of protection for preparation method claims is limited to the production process recorded with the drug supervision and administration department of the State Council for the marketed new drug product used for the approved indications. “Drug Patent” Term Compensation: The duration of drug patent term compensation shall be determined by deducting five years from the number of days between the filing date of the patent application and the date on which the new drug obtains marketing approval in China. The compensation period shall not exceed 5 years, and the total effective patent term shall not exceed 14 years from the marketing approval of the new drug. Approval of Request for "Drug Patent" Term Compensation: If it is determined through examination that drug patent term compensation should be granted, and if the patentee has already submitted a request for patent term compensation but the Patent Office has not yet made a decision, the examiner shall wait until a decision on the patent term compensation request has been made to determine the drug patent term compensation period granted. If the patentee has not yet filed a request for patent term compensation and the three-month deadline from the date of announcement of grant of patent has not expired, the examiner shall wait until the expiration of the deadline for filing the request for patent term compensation to determine the drug patent term compensation period granted, unless the patentee explicitly states that they are waiving the right to file a request for patent term compensation. Where it is determined after examination that the request for drug patent term compensation meets the conditions for compensation, the Patent Office shall make a decision to grant the term compensation and inform about the number of days for the compensation. Where it is determined after examination that the request for drug patent term compensation does not meet the conditions for compensation, the Patent Office shall provide the requester with at least one opportunity to present their arguments and/or make rectifications. If the request still does not meet the conditions for compensation, a decision of denial of term compensation shall be made. Registration and Announcement of “Drug Patent” Term Compensation: Once the decision to grant drug patent term compensation is made, the Patent Office shall register the relevant matters in the patent register and announce them in the patent gazette. Termination of Patent Term: If patent term compensation for delayed grant or drug patent term compensation is granted, the expiration date of the patent will be the termination date of the patent term in which the term compensation has been taken into account.  

In order to adapt to the changing demands of the new market development, further improve China's patent protection system, and align China's patent protection with international standards, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. The revised "Implementing Regulations" has come into effect on January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant revisions concerning deferred examination. Filing Entity：The applicant may request a delay in the examination of the patent application. Deferred Examination of Invention Patent Applications: ① Timing of Filing: At the same time as the date of the request for substantive examination (which is the date on which the applicant submits the request for substantive examination in accordance with Article 35(1) of the Patent Law and pays the full amount of the examination fee for the invention patent application in accordance with Article 113 of the Implementing Regulations of the Patent Law); ②Effective Date of the Request for Deferred Examination: The request for deferred examination becomes effective from the date of the request for substantive examination; ③ Duration of Deferral: 1 year, 2 years, or 3 years from the effective date of the request for deferred examination. Deferred Examination of Utility Model Patent Applications: ① Timing of Filing: At the same time as filing the application; ② Duration of Deferral: 1 year from the effective date of the request for deferred examination. Deferred Examination of Design Patent Applications: ① Timing of Filing: At the same time as filing the application; ② Duration of Deferral: The maximum duration of deferral is 36 months (deferred on a monthly basis) starting from the effective date of the request for deferred examination. Withdrawal of the Request for Deferred Examination: Prior to the expiration date of the deferral period, the applicant may request the withdrawal of the request for deferred examination. Where the requirements are met, the deferral period will terminate, and the patent application will be examined in its regular order. The Patent Office’s Initiation of the Examination on Its Own Initiative: After the expiration of the deferral period, the patent application will be examined in its regular order. If necessary, if the applicant requests a deferred examination but the Patent Office deems it necessary to proceed with an immediate examination, the patent office has the right to initiate the examination process on its own initiative and notify the applicant, without waiting for the expiration of the requested deferral period. Deferred Examination and Patent Term Compensation: According to Article 42 of the Patent Law, where the patent right for invention is granted after the expiration of 4 years from the date of filing and after the expiration of 3 years from the date of requesting substantive examination, the CNIPA may, at the request of the patentee, grant a patent term compensation for the unreasonable delay in the granting process of the invention patent, except for the unreasonable delay caused by the applicant. According to Rule 79 of the Implementing Regulations, an applicant’s request for a deferred examination is one of the situations where the applicant causes an unreasonable delay. Therefore, the delay caused by the applicant's request for deferred examination will not be compensated.  

In order to ensure the effective implementation of the newly revised Patent Law, further improve China's patent protection system, and align with relevant international rules, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The revised "Implementing Regulations" has come into effect as from January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning substantive examination, in conjunction with the related content from the newly revised "Guidelines for Patent Examination." Non-patentable applications or subject matters I. Provisions on the Principle of Good Faith Article 20 of the Patent Law of People's Republic of China (PRC) (revised in 2020) for the first time clearly stipulates the principle of Good Faith: The principle of good faith shall be followed in applying for patents and exercising patent rights. The patent rights shall not be abused to harm public interests or the legitimate rights and interests of others. The revised Implementing Regulations of the Patent Law stipulates: The principle of good faith shall be followed in applying for patents. All types of patent applications shall be based on real invention and creation activities, and no fraudulent or deceptive practices shall be tolerated. In Chapter 1, Part II of the Patent Examination Guidelines, it is stipulated that: Paragraph 1 of Article 20 of the Patent Law stipulates that the principle of good faith shall be followed in applying for patent applications and exercising patent rights, and Rule 11 of the Implementing Regulations of the Patent Law further stipulates that all types of patent applications shall be based on real invention and creation activities and no fraudulent or deceptive practices shall be tolerated. Regarding "Circumstances of Rejection", the Patent Examination stipulates: "Various circumstances where an invention application shall be rejected as provided for in Rule 59 are as follows. (4) the principle of good faith are violated in the process of applying for a patent, i.e. the patent application is not based on real invention and creation activities, but based on fraudulent or deceptive practices”. Therefore, if it is found in the examination procedure that the contents involved in the application are not real, the application may be rejected on this basis. II. Provisions on "Detrimental to Public Interest" Article 5 of the Patent Law of People's Republic of China (PRC) (revised in 2020) stipulates that no patent right shall be granted for any invention-creation that violates laws or social morality or that is detrimental to public interest. In the Patent Examination Guidelines, more specific circumstances have been added in the provision that an invention-creation that is detrimental to public interest cannot be granted a patent right for invention. For example, the revised Patent Examination Guidelines stipulates: "Invention-creations involving symbols and signs of political parties, major national political events, hurting people's feelings or national feelings, and propagating feudalism and superstition cannot be granted patent rights; invention-creations that involve major national economic events, cultural events or religious beliefs, which are consequently detrimental to public interest, cannot be granted patent rights." Relevant regulations on genetic resources I. Provisions on Genetic Resources in the Patent Law and Implementing Regulations Article 5 of the Patent Law (revised in 2020) also stipulates that no patent right shall be granted for any invention-creation where acquisition or use of the genetic resources, on which the development of the invention-creation relies, violates the provisions of laws or administrative regulations. In the revised Implementing Regulations of the Patent Law, the definition of genetic resources has been revised by adding "and genetic information generated by using such material", that is, the genetic resources referred to in the Patent Law mean the material obtained from human body, animal, plant, or microorganism, etc. which contains genetic functional units and is of actual or potential value, and genetic information generated by using such material. The invention-creation developed relying on the genetic resources referred to in the Patent Law means that the invention-creation is developed relying on the use of the genetic function of the genetic resources. II. Examination of "Genetic Resources" In the above-mentioned provisions, genetic function refers to the ability of organism to pass on traits or characteristics from an ancestor to a descendent through reproduction, or allow the entire organism to be reproduced. Genetic functional unit refers to a gene, or a DNA, or an RNA fragment having genetic function of an organism. Material obtained from human body, animal, plant, or microorganism, etc. which contains genetic functional units refer to carrier of genetic functional units, which includes not only a whole organism, but also a part of it, such as organ, tissue, blood, body fluid, cell, genome, gene, DNA or RNA fragment, etc. With regard to an invention-creation, using the genetic function of the genetic resources refers to, for example, isolating, analyzing, and/or processing genetic functional units, or analyzing and utilizing genetic information generated by genetic functional units, to develop the invention-creation and to realize the value of the genetic resources. Chapter 1, Part II of the Patent Examination Guidelines specifically stipulates as follows: “Acquisition or use of the genetic resources that violates the provisions of laws and administrative regulations” means that the acquisition or use of the genetic resources violates the prohibitive provisions of laws and administrative regulations or is not beforehand approved by relevant administrative departments or licensed by relevant right holder in accordance with the provisions of relevant laws and administrative regulations of China.” The following contents were added to this part of the new Guidelines: "Another example is that, pursuant to the Biosafety Law of People's Republic of China (PRC) and the Regulations of People's Republic of China (PRC) on the Management of Human Genetic Resources, if the information of China's human genetic resources is provided or made available to foreign organizations, it shall be reported to the administrative department of science and technology of the State Council in advance and a copy of the information shall be submitted. If it may affect China's public health, national security and social public interests, it shall also pass the safety examination. If the completion of an invention-creation depends on the information of China's human genetic resources provided to foreign organizations and the relevant procedures are not fulfilled, the invention-creation cannot be granted a patent right. " Regarding "Circumstances of Rejection", the Patent Examination stipulates: "Various circumstances where an invention application shall be rejected as provided for in Rule 59 are as follows: (1) the subject matter of the application violates laws or social morality or is detrimental to public interest, or it is developed relying on genetic resources, the acquisition or use of which violates the provisions of laws and administrative regulations, or it is one of the objects mentioned in Article 25 for which no patent right shall be granted; … (7) the patent application is for an invention-creation developed relying on genetic resources, however, the applicant fails to indicate the direct or original source of such genetic resources in the patent application documents; where the original source cannot be indicated, the reasons thereof is not stated either;” Grace period concerning novelty I. Revision of Implementing Regulations In the revised Implementing Regulations of the Patent Law, the circumstance of "academic meetings or technical meetings held by international organizations and recognized by relevant competent authorities in the State Council" is added to "academic meetings or technical meetings" stipulated in the provisions of the grace period concerning novelty. Moreover, in the previous Implementing Regulations, it was stipulated that "Where any invention-creation for which a patent is applied falls under the circumstance (2) or (3) of Article 24 of the Patent Law, the applicant shall, when filing the application, make a declaration and, within a time limit of two months from the date of filing, submit certifying documents issued by the entity which organized the international exhibition or academic or technological meeting, stating the fact that the invention-creation had been exhibited or published and indicating the date of its exhibition or publication". However, in the revised Implementing Regulations, the above-underlined requirement has been deleted. That is to say, the certifying documents do not need to be issued by the entity which organized the international exhibition or academic or technological meeting. II. Regarding the material submission deadlines for various circumstances of "grace period concerning novelty" In the "Preliminary Examination" Part, the Patent Examination Guidelines stipulates material submission deadlines in the preliminary examination for various circumstances: For the circumstance where an invention-creation was first made public for the purpose of public interest when an emergency or an extraordinary situation occurred in the country. For the circumstance where the invention-creation for which a patent is applied for was first made public for the purpose of public interest within six months before the filing date, when an emergency or extraordinary situation occurred in the country, if the applicant had been informed before the filing date, the applicant should declare it in the request form when filing the patent application, and submit supporting materials within two months from the filing date. If the applicant knows about the matter on their own after the filing date, they shall make a statement requesting a grace period concerning novelty within two months after knowing about it, and attach supporting materials. The examiner may, when necessary, require the applicant to submit supporting materials within a specified time limit. If the applicant learns of it only after receiving a notification from the Patent Office, the applicant shall, within the responding period specified in the notification, submit observations regarding the grace period concerning novelty and attach supporting documents. Supporting materials for the circumstance that an invention-creation was first made public for the purpose of public interest when an emergency or an extraordinary situation occurred in the country shall be issued by the relevant departments of the people's governments at or above the provincial level. The supporting materials shall indicate the reasons and date of disclosure for the purpose of public interest, as well as the date, form and content of disclosure of the invention, and be affixed with the official seal. For the circumstance where an invention-creation was first exhibited at an international exhibition sponsored or recognized by the Chinese Government. Where an invention-creation for which a patent is applied for was first exhibited at an international exhibition sponsored or recognized by the Chinese Government within six months before the date of filing, if the applicant requests the grace period concerning novelty, the applicant shall make a declaration in the request form when filing the application, and submit supporting materials within two months from the filing date. For the circumstance where an invention-creation was first made public at a prescribed academic or technological meeting within six months before the date of filing. Where an invention-creation for which a patent is applied for was first made public at a prescribed academic or technological meeting within six months before the date of filing, if the applicant requests the grace period concerning novelty, the applicant shall make a declaration in the request form when filing the application, and submit supporting materials within two months from the filing date. For the circumstance where an invention-creation was disclosed by another person without the consent of the applicant Where an invention-creation for which a patent is applied for is disclosed by another person without the consent of the applicant within six months before the date of filing, if the applicant knows about it before the date of filing, the applicant shall make a declaration in the request form when filing the application, and submit supporting materials within two months from the filing date. If the applicant knows about the matter after the date of filing, the applicant shall submit a declaration to request the grace period concerning novelty with supporting materials within two months after knowing about it. The examiner may, when necessary, require the applicant to submit the relevant supporting materials within the specified time limit. If the applicant learns of it only after receiving a notification from the Patent Office, the applicant shall, within the responding period specified in the notice, submit observations regarding the grace period concerning novelty and attach supporting documents. In the Substantive Examination Part of the Patent Examination Guidelines, it is further stipulated that "where an application for a patent falls under the circumstances mentioned in Item (1) or Item (4) of Article 24 of the Patent Law, and the applicant only knows about it after receiving a notification from the Patent Office, the applicant shall, within the responding period specified in the notification, submit observations regarding the grace period concerning novelty and attach supporting documents. When necessary, the Patent Office may also require the applicant to submit supporting documents to confirm the date and substantive contents of the said circumstance".  

In order to adapt to the changing demands of the new market development, further improve China's patent protection system, and align China's patent protection with international standards, the State Council issued the "Decision on Amending the Implementing Regulations of the Patent Law of the People's Republic of China" on December 11, 2023. The "Implementing Regulations of the Patent Law of the People's Republic of China" was promulgated by Decree No. 306 of the State Council of the People's Republic of China on June 15, 2001. It underwent its first revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 28, 2002, and its second revision based on the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on January 9, 2010. The current third revision is in accordance with the Decision of the State Council on Amending the Implementing Regulations of the Patent Law of the People's Republic of China issued on December 11, 2023. The revised "Implementing Regulations" has come into effect on January 20, 2024. This revision involves significant changes and adjustments to the system, overall representing an important response to the needs of innovation entities and an optimization of the patent legal system. To assist you in better understanding the significant changes in the revised "Implementing Regulations of the Patent Law" and to better serve your needs regarding patent prosecution and protection, we have summarized and explained the relevant contents and procedures. We hereby introduce the new regulations concerning design patent applications, in conjunction with the related content from the newly revised "Guidelines for Patent Examination." Adjustment to examples of non-patentable designs and non-patentable circumstances of designs The following amendments and adjustments have been made to the section on the examples of non-patentable designs that violate laws or social morality or that are detrimental to the public interest. (1) Designs for gambling equipment and drug paraphernalia are added to the list of examples of non-patentable designs that violate laws. (2) Designs with vulgar content are added to the list of examples of non-patentable designs that violate social morality. (3) Designs involving symbols and emblems of political parties are added to the list of examples of non-patentable designs that are detrimental to the public interest, whereas designs that cause adverse political impact are deleted from the list. (4) "Designs using the Chinese national flag or national emblem as the pattern content" is amended to "Designs containing the content of the Chinese national flag or national emblem", which is also moved from the examples of designs that are detrimental to the public interest to the examples of designs that violate laws. The following amendments and adjustments have been made to the section on the non-patentable circumstances of designs (1) “Any component part of the product which cannot be partitioned or cannot be sold and used independently, such as the heel of socks, the peak of a hat, the handle of a cup, and so on;” and “any design for which the protection is sought is not the design of the normal state of the product, for example the design of the state of an animal made with a handkerchief” are deleted from non-patentable situations of designs. (2) “A partial design that cannot form a relatively independent area on a product or constitute a relatively complete design unit; for example, a turning line in the mug handle, or an irregular part of an arbitrarily cut lens of an eyeglass” and “a claimed partial design that is only a design of the surface of a product or a combination of patterns and colors; for example, the pattern on the surface of a motorcycle” are added to non-patentable circumstances of designs. Newly-added provisions regarding partial designs Definition of partial design Partial design refers to a new design that is aesthetically pleasing and suitable for industrial application, focusing on the partial shape, pattern, or their combination of a product, along with the combination of color and shape/pattern. If protection is sought for parts of a product that cannot be separated, a patent application for a partial design should be submitted, for example, "carved patterns on a chair back". Title of a partial design patent application When a partial design patent application is filed, the title as filed should clearly indicate the specific part to be protected and the entire product it belongs to, for example, "Car Door of an Automobile" or "Camera Lens of a Mobile Phone." Drawings or photographs of partial design For a partial design patent application, it is necessary to submit views of the entire product, using a combination of solid and broken lines or other methods to indicate the claimed part. The views of the entire product must clearly display the claimed partial design of the product, as well as the position and proportion of the claimed part(s) within the entire product. If the claimed part(s) include(s) three-dimensional shapes, the submitted views should include a perspective view that clearly shows said claimed part(s). The submitted views must clearly distinguish the claimed part(s) from other parts. When a combination of solid and broken lines is used to indicate the claimed part, the solid lines represent the claimed part(s), while the broken lines represent other parts. Alternatively, other methods may be used to indicate the claimed part(s), such as covering the parts that do not require protection with a semi-transparent layer of a single color. If there is no clear boundary between the claimed part(s) and other parts, dotted lines should be used to indicate the boundary. Brief description of partial design The brief description for a partial design patent application must adhere to the following regulations: (1) If methods other than a combination of solid and broken lines are used to represent the  claimed part(s), the brief description must specify the claimed part(s). (2) If dotted lines are used to indicate boundaries between the claimed part(s) and other parts, this should be specified in the brief description. (3) The use of the claimed part(s) should be described and correspond to the use reflected in the title as filed. (4) The drawing or photograph that is designated to best illustrate the key points of the design should include the claimed part(s). Adjustment of examination under Article 31(2) of the Patent Law Circumstances where partial designs of assembled products can be filed in one design patent application are added and clarified (1) The design of an assembled product constitutes one design. An assembled product refers to a single product composed of multiple components, generally including the following three types of products depending on the assembly relationships: - Assembled products with only one option of assembly, such as a juicer and ice shaver machine composed of a juice cup, ice shaving cup, and base, or a complete kitchen cabinet with stove, oven, and dishwasher. - Assembled products with more than one option of assembly, such as building blocks that may be assembled into different shapes. - Assembled products without an assembly relationship, such as playing cards. Multiple arbitrarily arranged items, for example, randomly placed decorations on a table, are not an assembled product. (2) Two or more partial designs of the same product without a connected relationship that are functionally or design-related and create a specific visual effect may be treated as a single design. For example, the designs of the two temples of glasses or the four corners of a mobile phone. Adjustment of the examination regulations for more than two similar designs of the same product (1) Same product In accordance with Article 31(2) of the Patent Law, each design within one application should be for the whole or a part of the same product, such as designs for different types of dining plates. If the designs are for dining plates, saucers, cups, and bowls respectively, although they all fall under the same category in the international classification for industrial designs, they are not considered as designs for the same product. (2) Similar designs In general, upon overall observation, if other designs and the base design share similar or identical design features, with differences lying in subtle variations within specific areas, common design practices for such products, repetitive arrangement of design elements, regular variations in the position and/or proportion of the partial design within the whole, or changes only in color elements, they are typically considered to be similar designs. (3) Design of sets of products The designs within a set of products should be the overall design of the product, rather than partial design of the product. Adjustment of the requirements for divisional applications (1) If the initial application contains more than two designs, a divisional application should consist of one or several designs from the initial application and must not go beyond the scope defined in the initial application. (2) If the initial application pertains to the overall design of a product, it is not permissible to submit a partial portion of it as a divisional application. For example, if a patent application seeks to protect the overall design of a motorcycle, designs of components or parts of the motorcycle cannot be submitted as separate divisional applications. (3) If the initial application concerns the design of a part of a product, it is not allowed to submit designs of the overall product or its other parts as divisional applications. Adjustment of examination under Article 33 of the Patent Law Voluntary amendment by the applicant The applicant for a design patent application may file a voluntary amendment to the design patent application within 2 months from the filing date of such design patent application. With regard to the voluntary amendment filed after the two-month period, if the amended documents address the deficiencies in the initial application documents, and increase the likelihood of approval for the application, the amended documents may be accepted. However, the following voluntary amendments are not considered to address the deficiencies in the initial application documents, and the examiner will issue a Notification that Amendments Deemed Not to Have Been Submitted on the grounds that the two-month period for the voluntary amendment has lapsed: (1) Changing an overall design to a partial design; (2) Changing a partial design to an overall design; and (3) Changing one specific partial design within the same overall product to another partial design. Amendment(s) in response to defects pointed out in a notification After receiving an Office Action or a Notification to Make Rectification issued from the CNIPA, the applicant shall make amendments to the patent application documents in response to the defects pointed out in the notification. With regard to the amended documents filed by the applicant which contain amendments that are not pointed out in the notification, if said amendments are in conformity with the provisions of Article 33 of the Patent Law, address the deficiencies in the initial application documents and increase the likelihood of approval for the application, they may be considered as amendments addressing the defects specified  in the notification. Such amended application documents shall be accepted. However, the amendments, even though they do not go beyond the scope of the initial drawings or photographs, cannot be considered as addressing the deficiencies pointed out in the notification in the following circumstances and will therefore not be accepted: (1) Changing an overall design to a partial design; (2) Changing a partial design to an overall design; and (3) Changing one specific partial design within the same overall product to another partial design. Adjustment of examination for the GUI (graphical user interface )design applications A design involving graphical user interfaces refers to the design which key points include the graphical user interfaces. Applicants may submit a GUI design application in the format of either the overall design of a product or the partial design of a product. Submitting the application in the format of the overall design of a product For the design of a product involving graphical user interfaces, the applicant may submit the application in the form of the overall design of the product. If the key points of the design include both the design of the graphical user interface and the design of the product to which it applies, the views shall comply with the relevant drawing regulations in the Patent Examination Guidelines. If the key point of the design solely focuses on the graphical user interface, the applicant shall at least submit orthographic projection views involving the graphical user interface and, if necessary, views of the graphical user interface itself. The brief description should clearly indicate that the key point of the design is solely on the graphical user interface. Submitting the application in the format of the partial design of a product For a design where its key point is solely on the graphical user interface, the applicant may submit the application in the format of a partial design. The partial design may include views with or without the product to which the graphical user interface applies. The brief description should specify that the key point of the design is solely on the graphical user interface or a specific part of the graphical user interface. (1) Submitting the application in a manner that includes the product to which the graphical user interface is applied If it is necessary to clearly display the positioning and proportional relationship of the graphical user interface design in the final product, the applicant may submit the application in a way that includes the product to which the graphical user interface is applied. The applicant shall submit the orthographic projection view of the side that includes the graphical user interface as well as views of the graphical user interface itself. When a design patent application is filed for a specific part of the graphical user interface, the title as filed shall specify the claimed part, such as, "search bar of the mobile payment graphical user interface of a phone." The brief description shall clarify the use of the part for which protection is sought. (2) Submitting the application in a manner that does not include the product to which the graphical user interface is applied For a graphical user interface applicable to any electronic device, the applicant may submit applications in a manner that does not include the product to which the graphical user interface is applied. Key terms like "electronic device" should be included in the title as filed, for example, "Video-on-demand graphical user interface for electronic devices," "Road navigation graphical user interface for electronic devices." The applicant may only submit views of the graphical user interface. The product's use can be summarized as “a type of electronic device” in the brief description. When a design patent application is filed for a specific part of the graphical user interface, the title as filed shall also specify the claimed part, for instance, "search bar of the mobile payment graphical user interface for electronic devices." The brief description shall clarify the use of the partial design for which protection is sought. Adjustment of the formulation of priority claims Claiming foreign priority For a design patent application claiming a foreign priority, the prior application should be an invention patent application, a utility model patent application, or a design patent application. Claiming domestic priority For a design patent application claiming a domestic priority, the prior application should be an invention patent application, a utility model patent application, or a design patent application; and it should not be a divisional application. If an applicant claims a domestic priority for a design patent application, the prior application is deemed withdrawn from the date of the filing of the subsequent application. However, this withdrawal does not apply if the applicant claims domestic priority from an invention or utility model patent application. The prior application that is deemed withdrawn cannot be restored. Deferred Examination Applicants may request deferred examination at the time of filling a design patent application. The examination is deferred on a monthly basis, and the maximum duration of deferral is 36 months starting from the effective date of the request for deferred examination. After the expiration of the deferral period, the patent application will be examined in its regular order. Prior to the expiration date of the deferral period, the applicant may also request the withdrawal of the request for deferred examination. Where the requirements are met, the deferral period will terminate, and the patent application will be examined in its regular order. Adding international design applications Filing an International Design Application (1) Submission channels An international design application may be directly submitted to the WIPO. If the applicant has a habitual residence or business premises in China, they may submit the application to the WIPO through the CNIPA. (2) Determination of receipt date For an international design application submitted to the WIPO through the CNIPA, if the WIPO receives the application within one month from the date it was received by the CNIPA, the date when the CNIPA received it is considered as the date of receipt by the WIPO. Otherwise, the actual date of receipt by the WIPO will be considered as the receipt date. (3) Conditions for transmission from the CNIPA to the WIPO The CNIPA transmits an international design application to the WIPO if it meets the following conditions: (a) At least one applicant has a habitual residence or business premises in China; (b) At least one applicant selects China as a contracting party; (c) The application documents are written in English; (d) Formal forms prescribed by the Hague Agreement are used; (e) Drawings or photographs of the design are included in the application documents; (f) China’s mainland contact information in Chinese is provided; (g) The application documents do not contain information that violates laws, social morality, or public interests. (4) Transmission and non-transmission procedures For international design applications that meet the transmission conditions, the CNIPA issues a Notification of Transmission of International Design Registration Application to the applicant. If the application does not meet the transmission conditions, the CNIPA sends a Notification of Non-transmission of International Design Registration Application to the applicant, stating the reasons for non-acceptance. For international design applications submitted through the CNIPA, subsequent documents must be directly submitted to the WIPO by the applicant. International publication After an international design application passes the formal examination by the WIPO, the international design registration will be granted. Subsequently, the WIPO will publish it in the International Design Gazette. The international registration publication includes standard publication, immediate publication, and publication at a chosen time. Applicants can choose immediate publication or publication at a chosen time when submitting the application; if no selection is made, the WIPO will proceed with standard publication of the international design application. (1) Standard Publication The WIPO will publish international design applications that meet the requirements. Typically, an international design application will be published 12 months after its international registration date. Before the deadline expires, applicants may request early publication. (2) Immediate publication If an applicant requests immediate publication, the WIPO will publish the international design application immediately after completing the necessary preparations for international registration. (3) Publication at a chosen time If an applicant requests publication at a chosen time, the WIPO will publish the international design application according to the time chosen by the applicant (up to thirty months from the filing date or priority date). Before the chosen publication date, the applicant may request early publication. Processing of the international design applications designating China (1) Determination of Chinese Filing Date: The international registration date is considered as the filing date in China. (2) National Application Number: After the international design application is published by the WIPO, the CNIPA assigns a national application number and proceeds with subsequent examination. Examination of the international design applications designating China (1) Text for examination basis The English text of the international design application published by the WIPO; the amended text submitted in accordance with Rule 141 of the Implementing Regulations of the Patent Law; or the English rectification text submitted in accordance with Rule 50 of the Implementing Regulations of the Patent Law. (2) Principles of examination The principles of examination for international design applications are as follows: (a) Formal or content examination of the application follows the provisions of the Hague Agreement and the Common Regulations under the 1999 Act and the 1960 Act. The examiner will not reject an international design application based on formal defects in the application documents. (b) Examination for significant substantive defects and other documents and relevant procedures follows the provisions of the Chinese Patent Law, its Implementing Regulations, and Examination Guidelines. (3) Priority An applicant who files an international design application through the Hague System within six months of first filing a patent application on the same subject matter can enjoy priority without paying a priority claim fee if they designate China. If a domestic priority is claimed, the prior application must meet the following conditions: (a) The prior application is not a divisional application; (b) The prior application has not claimed any foreign or domestic priority before, or even if it has claimed foreign or domestic priority before, it has not enjoyed priority; (c) The prior application had not been granted by the filing date of the subsequent application. After a preliminary examination determines that a domestic priority claim of an application meets the requirements, if the prior application is a design patent application, it is deemed withdrawn from the date of filing the subsequent application; such prior applications which are deemed withdrawn cannot be restored. If an international design application does not meet the above-mentioned rules concerning priority or if the applicant fails to submit copies of the prior application or relevant proof before the deadline, the priority claim is deemed not to have been made and cannot be restored. Applicants are not allowed to withdraw a priority claim with the CNIPA. (4) Non-prejudicial disclosures If an international design registration application falls under the following circumstances, the applicant may declare a non-prejudicial disclosure at the time of filing the application and within two months from the international publication date, submit proof documents before the CNIPA: a) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government; or b) where it was first made public at a prescribed academic or technological meeting; If an international design registration application falls under the following circumstances, the CNIPA may, when deeming it necessary, request the applicant to submit supporting documents within a specified period: c) where it was first disclosed for public interest purposes in case of a national emergency or any extraordinary state of affairs occurs; or d) where it was disclosed by another person without the consent of the applicant. (5) Examination of drawings or photographs The drawings or photographs submitted by the applicant should clearly show the overall or partial design of the product to be protected. Views should have corresponding projection relationships, a single background, and only include the design to be protected. Line drawings may be submitted but technical drawings with axes and dimension labels should not be included. Portions not claimed may be indicated using broken lines or semi-transparent shading, with explanations provided in a brief description. It should be explained in the brief description that reference views showing the product in use, its environment, and other objects are not to be protected. Regarding the design of three-dimensional products, if the key points of the design involve all six sides, orthographic projection views of the six sides should be submitted. If the key point of the design only involves one or a few sides, orthographic projection views of the involved sides should be provided. For other sides, either orthographic projection views or perspective views can be submitted. Views of the sides that are not easily visible or cannot be seen when the product is being used may be omitted, but reasons for the omission must be stated in the brief description. For views submitted in the manner of a partial design application, a perspective view of the entire product containing the claimed part must also be submitted. (6) Examination of brief description If an international design application published by the WIPO includes a description containing the key point of the design, it is deemed as having submitted a brief description in accordance with Rule 31 of the Implementing Regulations of the Patent Law. Key points of the design refer to the shape, pattern, and their combination or the combination of color with shape and pattern of a product that distinguish the product from existing designs, which can also pertain to a specific part of the product. If protection for color is requested, this should also be indicated in the brief description. (7) Divisional applications If an international design application includes two or more designs, the applicant may voluntarily submit a divisional application or submit one based on the examiner's examination opinions. A divisional application is treated as a Chinese design patent application for examination. When voluntarily filing a divisional application, the applicant should do so within two months from the international publication date of the international design application. If the divisional application is filed based on the examiner's examination opinions, the divisional application must be filed within 2 months from the domestic publication date of the international design application at the latest. After the specified deadline has passed, or if the international design application has been rejected, or deemed withdrawn without restoration of rights, generally a divisional application cannot be filed. (8) Notification of Refusal and its response If there are significant substantive defects in an international design application, the CNIPA will issue a Notification of Refusal to the WIPO, detailing all reasons for rejection along with relevant legal provisions. Upon receiving the Notification of Refusal, the applicant must, within a specified period (usually 4 months from the issue date of the notification), complete the necessary entrustment procedures as per Article 18 of the Patent Law and submit a response to the notification. The response should be made in Chinese and amendments to the application documents should be made in English. In cases where new defects arise in the response documents as filed, if they can be overcome through rectifications, the examiner will conduct a comprehensive examination again and issue a Notification to Make Rectification to the applicant. If the new defect represents a significant substantive issue that cannot be overcome through rectifications, the examiner will issue an Office Action to the applicant. (9) Domestic publication After the CNIPA decides to grant an international design application, it will publish the decision domestically. The international design patent becomes effective in China from the date of the domestic publication. Regarding other matters already published by the WIPO, except those involving changes in rights, the WIPO's publication shall prevail. Following the publication, the applicant of the international design application may request the CNIPA to issue a copy of the Patent Register of International Applications for Designs as proof of protection granted in China. (10) Termination of patent due to non-renewal After the CNIPA's publication of grant for an international design application, if the patentee fails to renew the patent in accordance with the Hague Agreement provisions, the patent terminates either 5 years or 10 years from the filing date in China. (11) Partial withdrawal of rights After the CNIPA's publication of grant for an international design application, if the patentee requests a partial withdrawal of rights concerning China with the WIPO, the effective date of this partial withdrawal is the date of registration by the WIPO. (12) Fee Payment The international fees associated with the international process of an international design application must be paid directly to the WIPO. For international design applications submitted through the CNIPA, the relevant fees may be paid to the WIPO through the CNIPA. The date when the WIPO receives the fees in its account is considered to be the date of payment. The individual designation fee collected by the WIPO for an international design application will be transferred to the CNIPA. The CNIPA does not provide refunds for these fees. Regarding fee-related matters in the international process, applicants should directly liaise with the WIPO. Adjustment of standards relating to the examination of design patents in invalidation proceedings Conditions for patent grant The existing design features that can be used for combination should be designs that are physically or visually distinguishable, possessing relatively independent visual effects. Arbitrary divisions of points, lines, or planes do not qualify as existing design features that can be used for combination. However, in the case of partial designs, corresponding parts in existing designs may be considered as existing design features that can be used for combination. Identical Designs For partial designs, products of the same kind refer to products where the use of the product and the use of that particular part are identical. Substantially Identical Designs For partial designs, to determine if they belong to similar kinds of products, it is necessary to consider both the product's overall purpose and the specific function of that part. If upon overall observation, ordinary consumers can discern that the difference between the patent in question and a comparative design lies solely in routine variations in the position and/or proportional relationships of the claimed part in the overall product, then the patent in question is deemed to be substantially identical to the comparative design. Determining the Patent in Question For partial designs, the shape, pattern, and color of the claimed part should be considered, taking into account the position and proportional relationships of that part in the depicted product.  

In today's era of innovation-driven development, patents are not just the embodiment of innovators’ wisdom but also significant weapons in market competition. However, the prolonged process from patent application to grant often shortens the actual effective term of patents, weakening their commercial value. To compensate for this time loss and ensure patentees fully benefit from their patents, the Chinese government introduced the Patent Term Compensation (PTC) system on June 1, 2021 and issued the detailed regulations on January 20, 2024, making it one of the important legal mechanisms for protecting innovation outcomes and safeguarding the legitimate rights and interests of patentees. Patent Term Compensation refers to a legal mechanism that provides a certain period of patent term extension as compensation for invention patents that have experienced unreasonable delays during the examination and new drug approval processes. This compensation mechanism is an adjustment to the patent term, aimed at ensuring that patentees could still enjoy a fair protection period when delays in the examination and drug approval processes are caused by reasons beyond their control. This article will introduce the circumstances under which PTC can be obtained, length of compensation period, timing of requesting PTC, associated fees and approval processes, to help patentees effectively utilize this system, reasonably extend the protection period, and maximize the protection of their intellectual property rights. Situations Eligible for Patent Term Compensation: Delayed Grant: Where an invention patent is granted after the expiration of four years from the date of filing and after the expiration of three years from the date of requesting substantive examination, the CNIPA may, at the request of the patentee, grant a patent term compensation for the unreasonable delay in the examination process of the invention patent, except for the unreasonable delay caused by the applicant. New Drug Approval: In order to compensate for the time taken for the review and marketing approval of a new drug, for invention patents relating to new drugs that have been approved for marketing in China, the CNIPA may, at the request of the patentee, grant patent term compensation. The compensation period shall not exceed five years, and the total effective patent term shall not exceed 14 years from the date of marketing approval of the new drug. How long can the Patent Term be compensated Patent Term Compensation for Delayed Grant The compensation system sets “the later of the expiration of four years from the date of filing and the expiration of three years from the date of requesting substantive examination” as the theoretical standard time point for patent grant. The difference in days between this standard time point and the date of grant, minus the number of days of reasonable delay and the number of days of unreasonable delay caused by the applicant, constitutes the compensation period. For Chinese national phase applications based on PCT international applications, the date of filing refers to the Chinese national phase entry date of the PCT international application rather than the PCT international filing date; for divisional applications, the date of filing refers to the actual date of filing the divisional application instead of the date of filing the parent application. “The date of requesting substantive examination” refers to the date when the applicant files a request for substantive examination and completes full payment of the official fee for substantive examination. For invention patent applications where the date of requesting substantive examination is prior to the date of publication, it refers to the date of publication of the patent application. “Reasonable delay” includes: reexamination proceedings involving amendments to patent application documents resulting in patent grant, procedures suspended due to ownership disputes or assisting in enforcing court preservation orders, and procedures involving administrative litigation. “Unreasonable delay caused by the applicant” includes: delay caused by failure to respond within the specified time limit to the notifications issued by the CNIPA, delay caused by the request for a deferred examination or incorporation by reference, delay caused by the request for restoration of rights, and delay caused by the applicant's failure to request early processing for a PCT application’s Chinese national phase application filed within 30 months from the priority date. Exclusions: Where an applicant applies for both a utility model patent and an invention patent on the same day for the same invention-creation and then obtains the invention patent by declaring the abandonment of the utility model patent, the invention patent is not eligible for patent term compensation. Patent Term Compensation for New Drugs This system establishes “five years from the filing date of a new drug patent application” as the theoretical time required for administrative approval of new drugs. Therefore, the surplus time after deducting five years from the number of days between the filing date of the patent application and the date on which the new drug obtains marketing approval in China constitutes the patent term compensation. However, the total effective patent term shall not exceed 14 years from the date of marketing approval of the new drug. Whether PTC Can Be Granted for Both Delayed Grant and New Drugs If a patent meets the criteria on compensation for both delayed grant and new drug approval, both forms of compensation can be simultaneously granted. The CNIPA will determine the compensation period for new drugs after issuing a decision on patent term compensation for delayed grant. Timing of Filing a Request for Compensation Requests for patent term compensation due to delayed grant should be filed to the CNIPA within three months from the date of announcement of grant of patent. Requests for patent term compensation for new drugs should be filed to the CNIPA within three months from the date of obtaining marketing approval in China; and must meet the following conditions:  The date of announcement of grant of the patent for which compensation is requested should be earlier than the date of marketing approval of the new drug; The patent is in force at the time of the filing of the request for compensation; The patent has not previously been granted drug patent term compensation; The claims of the patent for which compensation is requested include the relevant technical solutions of the new drug with marketing approval. Where multiple patents exist for the same drug, the patentee may only request drug patent term compensation for one of those patents; Where a single patent pertains to multiple new drugs, a request for drug patent term compensation may only be made for one new drug in relation to that patent. The above three-month deadline is non-extendable and non-restorable. If a request is filed after the deadline, the “Request for Patent Term Compensation” will be deemed not to have been filed. To request patent term compensation for a new drug, one needs to prepare: the “Drug Registration Certificate” and its attachments, written consent from the drug marketing approval holder if the drug marketing approval holder is not the patentee, and documents explaining that the claims of the patent for which compensation is requested include technical solutions related to the new drug which has been approved for marketing. Official Fees for Requesting Patent Term Compensation The official fee for requesting patent term compensation is 200CNY per patent; this fee must be paid within the "three-month" period as stipulated in the aforementioned “Timing of Filing a Request for Compensation.” Examination of a Request for Compensation and Announcement of its Grant Where it is determined after examination that the request for patent term compensation does not meet the conditions for compensation, the CNIPA will provide the requester with at least one opportunity to present their arguments and/or make rectifications. If the request still does not meet the conditions for compensation after the arguments and/or rectifications, the CNIPA will issue a decision of denial of term compensation. Where it is determined after examination that the request for patent term compensation meets the conditions for compensation, the CNIPA will make a decision to grant the term compensation and indicate the number of days for the compensation; Once the decision to grant patent term compensation is made, the CNIPA will register the relevant matters in the patent register and announce them in the patent gazette. Annuities for Compensation Period The annuity standard for the compensation period is 8,000CNY per patent per year. And, no fee will be charged if the compensation period is less than a year.  

Life is full of ups and downs, unexpected turns and unpredictable events. If you ask me how to find hope in despair and grow resilient in adversity, I think you at least need a strong heart filled with sunshine.You also need to accumulate enough strength to break through the shackles of life, so as to break free and fly freely. At every minute of every day, there are people striving to realize their ideals, while some are throttled by life and can only look up to the future. The trivialities of daily life may wear down our unique enthusiasm and momentum in youth, but they also bring us closer to the world and make us more respectful of life and more willing to use a warm heart to resist the vicissitudes of life. Over the years, the Capital Intellectual Property Services Association has been caring about the learning and living conditions of the disadvantaged school-age children in Xingwen County, hoping to gather everyone's strength to support the children in completing their studies, cultivating their expertise, and providing them with the possibility of creating a bright future with their own hands. Such actions of spreading warmth and love have made us feel the power of unity. We are also honored to be a part of this "boat of love". 2023 marks the sixth year that AFD China has participated in the "Light Up Wisdom" educational assistance project. Among the 88 children to be funded, we continued to support the six children we have been helping for four consecutive years. It is often said that "knowledge changes fate" and "teaching a man to fish is better than giving him fish". We hope that what the children can have is not just financial assistance, not just improved learning and living conditions, but the ability and confidence to face the future's diverse life independently, broad horizons and minds, as well as a warm and determined heart. We hope that their future will have infinite possibilities, and we hope that the button of life choices can be in their own hands. Doing a good deed occasionally is easy, which may only require an “impulse” and some "insignificant" financial contribution. However, consistently doing good deeds is not easy, as it requires continuous attention to disadvantaged groups and significant investment of human and financial resources. The dedication of the Capital Intellectual Property Service Industry Association and the compassionate colleagues in the industry over the years has deeply impressed us with what corporate social responsibility is and how to effectively fulfill it. It has also made us feel the power of constant effort, giving us more confidence to do whatever we can with everyone to help those struggling at the edge of life. We firmly believe that with every extra hand reaching out, our society will become warmer and warmer. Charity may be such a thing that seems to be forgotten in our busy lives, but whenever we think of it, it can awaken us from numbness. It reminds us that we can do far more than we imagine, and it makes us more grateful and willing to give. We are willing and hope to continue participating in charitable causes, bringing the love in our hearts to more people, and we also hope that everyone can accompany and witness us on this journey.  

In 2023, the first year when the epidemic gradually receded, people were no longer irritated by frequent home stays, and life gradually returned to normal. However, various disinfecting daily necessities such as masks and alcohol wipes seem to have become essential for us. Hopefully, this kind of peace and tranquility can continue indefinitely. In 2023, we sponsored a child named Little Guang. Born in Shanxi Province in 2014, Little Guang is an orphan. At over 2 years old, he still couldn't sit, crawl, or eat, and always cried, causing great concern. His nun aunt, seeing that the child lacked basic motor skills, was very anxious and hoped to help him. With everyone's assistance, Little Guang came to ChenGuang Rehabilitation Center. After four months of rehabilitation training, he learned to sit and crawl. At the eighth month in the rehabilitation center, he learned to stand, and at the 10th month, he took his first step in life, and by the eighteenth month, he was able to walk independently! Unfortunately, due to welfare policies, Little Guang had to return to the welfare institution at his hometown. Due to the long-term cessation of rehabilitation training, his muscle tone increased, his balance ability decreased, and he exhibited abnormal postures. At the age of 9, he urgently needed to continue rehabilitation training. So, after one year of training, how has Little Guang's recovery progressed? Let's hear what President Zhang of the rehabilitation center has to say. After seven months of rehabilitation training, Little Guang's calf triceps muscle tone has been adjusted to level II, his iliac muscle strength is at level III, and his quadriceps muscle strength is also at level III. His standing and walking postures have been corrected, and he can now run and jump. His best functional ability is running. In terms of learning, he can concentrate for a longer period of time and recognize over a hundred characters, and his logical thinking ability has improved. In daily life, he can feed himself, dress and undress independently, and only needs a little help when bathing, indicating a decrease in dependency. He can also provide simple assistance to classmates who need help and perform simple tasks such as wiping tables. In addition to his progress in rehabilitation, Little Guang also actively participates in art and music classes. On the National Disability Day, he participated in the center's environmental protection art exhibition activity, making plastic flower lanterns from plastic bottles to decorate the environment and make his own contribution to environmental protection! The word "Guang" (which means light) represents hope, implies expectations for the future, and is bright and uplifting. Little Guang, whose name embodies these qualities, is also an optimistic child. He is like a lonely warrior, braving the difficulties life throws at him and stubbornly fighting against them, strong and resilient like a cattail. Unfortunately, due to policy reasons, Little Guang had to return to the welfare institution at his hometown. This year, we have continued to sponsor Little Zhuang Zhuang, whom we have helped for many years, for rehabilitation training to integrate him into normal social and educational life as soon as possible. A total of 86 caring colleagues from our firm donated funds for Little Zhuang Zhuang, which will be used for his rehabilitation, care, accommodation, and other expenses in 2024. The human heart is tender, warm, and inherently good. It is our ability to empathize with others that enables us to reach out to strangers and become the wings that uplift others. This is the power of love, the power of kindness. Here, we would like to express our special gratitude to all the caring colleagues who have been supporting the Phoenix Public Welfare Program. It is because of your generous support that these children have the opportunity to recover and the ability to look forward to the future. We believe that they will cherish this gratitude and kindness in their hearts and pass it on when they have the ability to do so, allowing more people to experience kindness and goodness. We also hope to have everyone accompany us on the philanthropic journey, walking together side by side.  

AFD China has been participating in the charity object "Let the Swan Fly” to provide financial support for children in Yanjing Little Swan Public Welfare School and thus improve their learning and living conditions.By providing funds, we help the School purchase sufficient teaching aids, cultural and sports equipment, learning supplies, daily necessities, etc., to ensure that the children have sufficient educational resources. In 2023, following the pandemic, how was the teaching situation at the School? The School resumed normal operations in spring 2023, with steady progress in educational activities throughout the year. In June of the year, the sixth-grade students successfully graduated from elementary school and actively participated in entrance exams for junior high schools in nearby counties and cities. As a result, several students who were unable to return to their hometowns for attending junior high schools managed to study in junior high schools around Beijing. Other graduating students returned to their hometowns to continue their junior high education. In comparison to 2022, the School engaged in more activities organized by volunteer groups in 2023. These activities broadened the students' perspectives and expanded their thinking. The School continued its programming outreach activities in rural areas of Henan Province. The activities were carried out in rural schools situated within villages, rather than in the relatively well-equipped county schools. In the "National Youth Information Literacy Competition" held in June 2023, nine rural students they taught made it to the national finals, with eight receiving awards - two first prizes, three second prizes, and three third prizes. Teachers from the School brought relatively high-quality educational resources to children in those under-resourced rural schools, offering them a chance to compete alongside urban children and thus uncovering and showcasing their talents and abilities. In January 2024, AFD China continued to support the School by providing funds for purchasing necessary supplies. The funds will be used for purchasing textbooks, books, learning materials, teaching aids, sports equipment, food supplies, and covering travel expenses for volunteer teachers during winter and summer breaks. It is hoped that these provisions will enable children to study diligently without any concerns. When the youth are strong, the country is strong. Young people are the future of our country, and schools are where they are educated and nurtured, serving as crucial places for fostering hope for our country. We hope that through our efforts, these children can have more opportunities, better conditions, and enriching experiences to nurture their minds fully. Our aim is to make them possess healthy spirits, abundant knowledge, and the ability to tackle life's challenges in the future. Our contributions may seem minimal, perhaps insignificant compared to the dedication of teachers, but we firmly believe that every effort deserves respect, and every bit of assistance should be acknowledged. All efforts collectively weave the wings for the children, ensuring that kindness and love endure perpetually. We are delighted to have everyone's support and companionship in charity activities and eagerly anticipate journeying together with all of you in the future.  

In 2023, in order to deeply implement the "Outline of the Construction of a Strong Intellectual Property Power (2021-2035)" and the "National Intellectual Property Protection and Utilization Plan for the 14th Five-Year Plan",earnestly implement the requirements of the "Action Plan for Promoting High-Quality Development of Patent Agency Industry (2022-2025)", promote high-quality development of the patent agency industry, constantly improve the level of drafting of patent application documents, and lay a solid foundation for the comprehensive improvement of patent agency services, the All-China Patent Agents Association (hereinafter referred to as the "Association") launched a national recommendation activity for exemplary invention patent drafting cases. One of the patent cases we submitted was honored as one of the national exemplary invention patent drafting cases in 2023. This recognition demonstrates AFD China's outstanding capabilities and professional competence in the field of patent drafting. During the initial stage of drafting, based on a thorough understanding of the technical disclosure of the invention and the background technology, we communicated extensively with the client, delved deep into the disclosure, extracted the core improvements as independent claims, and developed multiple dependent claims at different levels of protection. Additionally, we supplemented several specific examples in the specification to fully support the claims. The case was granted within less than 3 months from the issuance of the first office action. Our efforts in handling this case were highly appreciated by our client. AFD China has always been committed to providing our clients with comprehensive and one-stop intellectual property solutions. With an experienced and highly professional team, we are able to offer a full range of services, including patent prosecution, strategic planning, and rights protection litigation. We consistently strive to provide timely and high-quality agency services to our clients, aiming to assist them in safeguarding their intangible assets effectively. This recognition marks another significant milestone for AFD China in the field of invention patent drafting. We will continue to uphold the principles of professionalism, integrity, and efficiency, working hand in hand with our clients to create a better future together.  

On February 4, 2024, the Capital Intellectual Property Service Industry Association announced the 2023 rating results of intellectual property agencies. AFD China was honored as one of the first batch of five-star intellectual property service agencies. The rating of intellectual property service agencies is organized by the Capital Intellectual Property Service Industry Association, aiming to improve the quality and level of intellectual property services by carrying out graded and categorized evaluations of intellectual property service agencies in Beijing. This rating activity identified 19 five-star agencies, 16 four-star agencies, 16 three-star agencies, and 9 two-star agencies. Being rated as a five-star agency is a high recognition of our firm's professional capabilities in the field of intellectual property services, which will undoubtedly further enhance our competitiveness in the industry and lay a solid foundation for future development. Since its establishment, AFD China has always adhered to a customer-centered approach, leveraging its expertise and innovative spirit to serve every client with one-stop, comprehensive, and high-quality intellectual property services. This achievement cannot be made without the concerted efforts or shared aspirations of all our colleagues, who have fully implemented every work requirement and service standard of our firm and diligently handled every client's entrustment. This honor is also a testament to the support and recognition from all our clients. It is because of their trust that we can continue to excel in the field of intellectual property. In the future, AFD China will continue to adhere to the service philosophy of professionalism, innovation, and integrity, constantly improving service quality to meet the diverse needs of our clients. At the same time, we will actively fulfill our social responsibilities, promote the healthy development of the intellectual property service industry, and contribute to the construction of an innovation-driven country. We would like to express our heartfelt gratitude to the Capital Intellectual Property Service Industry Association and our industry peers for their affirmation and support of AFD China. Motivated by this honor, we will continue moving forward and creating further glory for the cause of intellectual property protection.  

On March 22, 2024, Beijing Patent Attorneys Association announced the rating results of the year 2023 for patent agencies in Beijing. AFD China Intellectual Property Law Office was once again rated as an AAAAA-level patent agency. This is a recognition and affirmation of our firm's commitment to providing efficient and professional intellectual property agency services to clients. In the three years from 2020 to 2023, we have continuously accumulated experience through practice, optimized our firm’s management in an all-round way, focused on improving professional capabilities and staff training, improved the internal learning and training mechanism, expanded learning resources and learning methods, and strived to combine personal improvement of employees with the firm’s development, so as to provide clients with one-stop patent agency services with collective wisdom and strength. Winning the recognition as an AAAAA-level patent agency again this time is not only an affirmation of our excellent performance in the field of patent agency, but also a recognition of our efforts to continuously optimize work processes and improve work efficiency. AFD China will continue to adhere to the philosophy of "professionalism, efficiency, and integrity", providing clients with even better and more efficient intellectual property agency services, and contributing to the development of China's innovation industry.  

AFD China, after rounds of selection, is included in the List of Recommended Reputable IP Firms for 2024 by Capital Intellectual Property Services Association. The List of Recommended Reputable IP Firms for 2024 is a list announced by Capital Intellectual Property Services Association to promote healthy development of the IP industry, cultivate a good social credit environment, protect members’ and the public’s legitimate rights, and guide IP service providers to act with honesty and following relevant laws and rules. Capital Intellectual Property Services Association publicly collected recommended firms from its members, reviewed such recommendations, and then decided the 2024 List of Recommended Reputable IP Firms through the 80th council of its third session. Trust has always been our core value. With a service attitude built on integrity and a work style that upholds our commitments, we earn the trust of our clients, becoming a premier intellectual property firm known for providing exceptional services. Achieving sustainable success through trust building is our objective and our long-standing value. Being included in this List is recognition of our long-standing principle of integrity and professional dedication. In the future, we will keep committed to our service principle of integrity and our work style that upholds our commitments, and provide professional and quality intellectual property services to clients, thereby contributing to maintaining the good social credit environment and promoting healthy development of intellectual property industry.  

The AIPPI World Congress took place in Hangzhou from October 19th to 23rd, 2024, under the theme "Balanced Protection of IP and Innovation Development".In these four days, IP professionals from around the world have gathered in Hangzhou to engage in various exchange activities, which widely consolidated cooperation consensus and stimulated innovation vitality. As an active participant in the IP field, AFD China also sent off a professional team to participate in this grand event. This is a valuable opportunity for AFD China to learn and exchange ideas. Through participation in this conference, we have not only learned about the latest developments and cutting-edge issues in the international IP field, but also established extensive connections with IP experts from around the world. We fully utilized this grand event and actively interacted with new and old friends both inside and outside the venue. We had in-depth conversations, sharing our experiences and insights. These exchanges not only strengthened our friendship, but also laid a solid foundation for future cooperation. Through such meetings, we have gained a deeper understanding of the changes and trends in the international IP market, and have also discovered various potential opportunities for collaboration. We firmly believe that by strengthening international cooperation and exchanges, we can jointly promote the development of global IP rights and provide stronger protection and support for innovation and creation. As one of the major events in the IP field, the AIPPI World Congress is being held in China for the first time. This not only demonstrates the international community’s high recognition of China's IP industry but also provides new opportunities and platforms for China to actively engage in global intellectual property governance. We look forward to China making even more brilliant achievements in the IP field in the future, and making greater contributions to the development of the global IP industry. At the same time, we also look forward to working together with old and new friends in the future to promote the prosperity and development of the global intellectual property industry.