AFD China Intellectual Property Law Office

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.