China previously applied stricter criteria for post-filing
supplementary data during the examination of patent application,
compared to other major patent systems. However, with the recent
signing of an Economic and Trade agreement between the United
States Government and the PR China, the China National Intellectual
Property Administration (CNIPA) has made several rounds of
revisions to the Guidelines for Patent Examination. As a result,
the current post-filing data examination criteria is now more
consistent with the United States Patent and Trademark Office
(USPTO) and the European Patent Office (EPO), marking a significant
step forward in harmonising global patent practices.
However, this progress is linked to post-filing data that is
intended to address inventive step and sufficient disclosure (such
as enablement). When it comes to support issue, no specific
provision is provided under China local practice. A widely accepted
view is that it is challenging to
