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ARTICLE · 17 FEBRUARY 2023

Toby's Article On Using PPH In China

This article first provides explanations of the behavior of Chinese patent examiners (who are just normal humans after all), then provides an alternative approach if you are having difficulties in prosecuting...

ChinaIntellectual Property

The article is published by the UK CIPA Journal in its Jan/Feb 2023 issue, and is available at the link below:

http://www.teehowe.com/download/02-2023CIPAUsingCNPPH.pdf

This article first provides explanations of the behavior of Chinese patent examiners (who are just normal humans after all), then provides an alternative approach if you are having difficulties in prosecuting your patent applications in China, specifically using the Patent Prosecution Highway. However, this may require changes to your prosecution strategy in China, specifically using deferral of examination in China, together with filing of divisional. My understanding is that such formal deferral of patent examination is not commonly available, at least in the IP5.

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