Big Change To Utility Model, Design Patent Exams In China

Law360, New York (March 15, 2013, 12:24 PM ET) -- On Feb. 6, 2013, the State Intellectual Property Office of the PR China (SIPO) issued a draft amendment of the 2010 Patent Examination Guidelines seeking public comments and consultation in view of its final adoption. The draft amendment to the guidelines contains a very important change to the system of examination of utility model and design patent applications currently founded on the principle of mere formal examination.

In particular, the amendment to the guidelines, if approved and adopted, will allow examination of obvious novelty of utility model and design patent applications with the precondition of complying with the principle of mere formal examination. In practice, this amendment shall provide SIPO with a legal base for setting aside the formal examination system by its substitution with that of a "de facto" substantive examination.