CNIPA Issues Draft Amendments To Patent Examination Guidelines Focusing On Emerging Technologies And Practical Examination Issues

On April 30, 2025, the China National Intellectual Property Administration (CNIPA) released Draft Amendments to the Patent Examination Guidelines (Comment Draft). The Comment Draft introduces revisions that reflect CNIPA's response to developments in emerging technologies targeting AI and video codec sectors as well as certain practical examination issues. Some key proposed changes are as follows:

1. New Section on Bitstreams (Section 7 of Chapter 9, Part II):

CNIPA has proposed new guidelines specifically addressing invention patents involving bitstreams, such as those used in video and audio encoding/decoding. The main clarifications include a statement that bitstreams per se (i.e., data content alone) are not patentable. However, if the bitstream is generated by a novel and inventive encoding/decoding method and used in a specific technical context, such as video storage or streaming, it may constitute a patent-eligible technical solution.