Multiple new intellectual property regulations will come into effect on January 20, 2024

2024-01-02
1. Implementation Rules of the Patent Law of the People's Republic of China (Revised in 2023)

On December 11, 2023, Premier Li Qiang of the State Council signed State Council Order No. 769, announcing the Decision of the State Council on Amending the Implementation Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the Decision), which will come into effect on January 20, 2024. The Decision has mainly made modifications to the implementation rules of the Patent Law in the following aspects.



（1） Improve the patent application system

1. Clearly define electronic form as written form, and improve the relevant regulations for submitting and delivering various documents in electronic form.

2. Clarify the requirements for local design patent application documents.

3. Relax the situation without losing novelty.

Inventions and creations first published at academic or technical conferences convened by international organizations recognized by relevant competent departments of the State Council shall not lose novelty within 6 months.

4. Refine priority related systems.

Clarify the conditions for prioritizing domestic design in appearance design; If there are legitimate reasons for delaying the priority period, it is allowed to request the restoration of priority within a certain period of time; If priority is requested on the submission date, it is allowed to request the addition or correction of priority claims within a certain period of time, and to supplement the claims, specification or part of the content by citing the prior application documents.



（2） Improve the patent examination system

1. Regulate abnormal patent applications.

Request that all types of patent applications be based on real invention and creation activities, and shall not be falsified; Violation of the above regulations can be used as a reason for rejecting the application or declaring it invalid.

2. Adjust the confidentiality review period.

For confidentiality examination requests for foreign patent applications, the time limit for issuing notices and making decisions will be adjusted from 4 months and 6 months to 2 months and 4 months respectively. For complex situations, the time limit can be extended by 2 months.

3. Increase the system of delayed review.

The applicant may request a delay in examination of the patent application.

4. Improve the review system to leave room for ex officio review.

The patent administration department of the State Council conducts a reexamination, which includes not only the request for reexamination, but also other obvious violations of the relevant provisions of the Patent Law and these Rules in the patent application.



（3） Strengthen patent protection

1. Add a special chapter on patent term compensation.

According to the relevant provisions of the Patent Law, clarify the conditions and time requirements for requesting compensation for patent term, the calculation method of compensation term, and the scope of compensation.

2. Improve the system for handling and mediating patent disputes.

Expand the authority to handle and mediate patent disputes to the departments responsible for managing patent work of the district people's governments of prefecture level cities, autonomous prefectures, leagues, regions, and municipalities directly under the central government; Clearly define the standards for defining patent infringement disputes that have significant impact nationwide.



（4） Promote patent creation and transformation application

1. Strengthen public services for patents.

Clearly propose that patent work should implement the Party and the state's intellectual property strategy deployment, and support comprehensive innovation; Enhance the public service capacity of patent information, promote the open sharing and interconnection of patent related data resources.

2. Add mandatory agency exceptions.

The applicant or patentee may handle matters such as submitting copies of prior application documents and paying fees on their own.

3. Refine the open license system.

Clearly state the requirements for an open license declaration and situations where an open license cannot be implemented.

4. Improve the reward and compensation system for job inventions and creations.

Appropriately increase the statutory reward standards after granting patent rights, and adjust the statutory reward standards after the implementation of transformation to provide reasonable compensation in accordance with the provisions of the Law on Promoting the Transformation of Scientific and Technological Achievements.

5. Simplify the formal requirements for patent application documents, optimize the relevant provisions of patent evaluation reports, and reduce the burden on innovation entities.



（5） Special provisions for international application of design added

1. Clarify that an international application for design shall be regarded as an application for a design patent submitted to the patent administration department of the State Council, and the international registration date shall be regarded as the application date referred to in the Patent Law.

2. Make transitional provisions with the domestic design patent application system in terms of priority claims, novelty grace period, and divisional applications.

3. Clarify the examination procedures for international applications for appearance design. After the International Bureau publishes an international application for design, the patent administration department of the State Council conducts an examination; If no reason for rejection is found, a decision to grant protection shall be made and the International Bureau shall be notified.



Detailed Rules for the Implementation of the Patent Law of the People's Republic of China https://www.cnipa.gov.cn/art/2023/12/21/art_98_189197.html




2.Regulations on Regulating Patent Application Behavior (2023)

On December 21, 2023, the China National Intellectual Property Administration announced the Regulations on Regulating Patent Applications, which will come into force on January 20, 2024.

Article 3: The abnormal patent application behavior referred to in these Regulations includes:

（1） The invention and creation content of multiple patent applications proposed is obviously the same, or is essentially formed by simple combinations of different invention and creation features and elements;

（2） The proposed patent application involves fabricating, forging, altering the content of the invention or creation, experimental data or technical effects, or plagiarism, simple replacement, piecing together existing technology or design, and similar situations;

（3） The invention and creation content of the proposed patent application is mainly generated randomly using computer technology, etc;

（4） The invention or creation of the patent application is clearly not in line with technical improvement, design principles, or has deteriorated, piled up, or unnecessarily limited protection scope;

（5） The applicant has submitted multiple patent applications without actual research and development activities, and cannot provide a reasonable explanation;

（6） Maliciously dispersing, sequentially or remotely filing multiple patent applications that are essentially associated with specific units, individuals, or addresses;

（7） Transferring or acquiring patent application rights for improper purposes, or falsely changing inventors or designers;

（8） Other abnormal patent application behaviors that violate the principle of good faith and disrupt the normal order of patent work.



Regulations on Regulating Patent Application Behavior (2023)

https://www.cnipa.gov.cn/art/2023/12/21/art_526_189189.html




3.Patent Examination Guidelines (2023)

On December 21, 2023, the China National Intellectual Property Administration formulated the Guidelines for Patent Examination in accordance with the Rules for the Implementation of the Patent Law of the People's Republic of China. The revised Patent Examination Guidelines are hereby announced and will come into effect on January 20, 2024. The Patent Examination Guidelines published on January 21, 2010, as well as subsequent relevant government orders and announcements, are simultaneously abolished.



Patent Examination Guidelines (2023)

https://www.cnipa.gov.cn/art/2023/12/21/art_526_189193.html




4. Announcement on the Transitional Measures for the Handling of Examination Business Related to the Implementation of the Revised Patent Law and its Implementing Regulations (No. 559)

In order to ensure the smooth implementation of the revised Patent Law and its implementing rules, and to clarify the specific rules for the application of the relevant provisions involving the examination business before and after the implementation of the revised Implementing Rules for the Patent Law, the China National Intellectual Property Administration formulated the Transitional Measures for the Handling of Examination Business Related to the Implementation of the Revised Patent Law and its Implementing Rules, which will come into force on January 20, 2024.



Transitional Measures for the Handling of Examination Services Related to the Implementation of the Revised Patent Law and its Implementing Regulations

https://www.cnipa.gov.cn/art/2023/12/21/art_527_189194.html




5. Announcement on Administrative Reconsideration Matters Related to Patent Term Compensation and Patent Opening License (No. 560)

In order to ensure the smooth implementation of the important systems such as patent term compensation and patent opening license added in the revised Patent Law and its Implementation Rules, the China National Intellectual Property Administration has announced the following matters concerning the administrative reconsideration of patent term compensation and patent opening license, which will come into force on January 20, 2024:



1. If the patentee, the interested person who has an infringement dispute due to the relevant patent or has filed an application for the registration of the relevant drug is not satisfied with the decision made by the China National Intellectual Property Administration in accordance with paragraphs 2 and 3 of Article 42 of the Patent Law on whether to grant compensation for the patent term, it may apply to the China National Intellectual Property Administration for administrative reconsideration.



2. If the patentee is not satisfied with the decision made by the China National Intellectual Property Administration in accordance with the second paragraph of Article 51 of the Patent Law on whether to reduce the annual fee during the period of exploitation of the patent opening license, he may apply to the China National Intellectual Property Administration for administrative reconsideration; The decision made by the China National Intellectual Property Administration on whether to publish the patent opening license declaration does not fall within the scope of administrative reconsideration.



Announcement on Administrative Reconsideration Matters Related to Patent Term Compensation and Patent Opening License (No. 560)

https://www.cnipa.gov.cn/art/2023/12/21/art_527_189195.html
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