Guidelines For Patent Examination Amended: Divisional, GUI, Subject Matter, Delayed Examination And So On

The China National Intellectual Property Administration (CNIPA) announced the latest amendments to the Guidelines for Patent Examination which became effective from on November 1, 2019. The amendments respond to the request of innovative businesses, and aim to improve the quality and efficiency of patent examination. Following are the highlights of the amendments.

Divisional application

The amendments clarify that, only when the examiner raises a unity objection against a divisional application, may the applicant file a further divisional application on the basis of the divisional application, if the earlier divisional application is still pending. Otherwise, a divisional application including a further divisional application can only be filed on the basis of the first-ever application.