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ARTICLE · 26 OCTOBER 2021

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Overcoming The Problem Of Multiple Dependencies In China

For the sake of cost and the broadest protection scope, European applicants generally file an application in which a multiple dependent claim depends on another multiple dependent claim...

ChinaIntellectual Property

For the sake of cost and the broadest protection scope, European applicants generally file an application in which a multiple dependent claim depends on another multiple dependent claim, as allowed by the European Patent Office.

However, when a PCT application based on a European application enters China or when an application claiming priority of a European application enters China through the Paris Convention, one of the primary formality issues that an applicant often encounters is claims being objected to as multi-dependent claims, in which multiple dependent claims refer back to multiple dependent claims.

Usually, similar to what is required for applications in the USA, the CNIPA in China will allow a dependent claim to refer back in the alternative to more than one preceding dependent claim, but such a multiple dependent claim referring back to another multiple dependent claim is not allowed.

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