The SIPO has decided to make the following amendments to the GUIDELINES FOR PATENT EXAMINATION:

The Chapter 2, Section 11 of Part I is revised to:

11. Examination in Accordance with Article 22.2

In the preliminary examination, the examiner shall examine whether an utility model application obviously lacks of novelty, and may examine whether an utility model application obviously lacks of novelty based on the obtained information of related prior art or conflicting applications.

Where an utility model application might concern an abnormal application, such as an application obviously plagiarizing prior art or with repeatedly-submitted substantially identical content, the examiner shall examine whether the utility model application obviously lacks of novelty based on the prior art document obtained through search or information obtained through other approaches.

With regard to the examination on novelty, the provisions of Chapter 3 of Part II of the present Guidelines shall apply.

The Chapter 2, Section 13 of Part I is revised to:

13. Examination in Accordance with Article 9

In accordance with Article 9.1, for any identical invention-creation, only one patent right shall be granted. In accordance with Article 9.2, where two or more applicants file applications for patent for the identical invention-creation, the patent right shall be granted to the applicant whose application is filed first.

In the preliminary examination, whether an utility model application complies with the provision of Article 9 shall be examined. The examiner may examine whether an utility model application complies with the provision of Article 9 according to the obtained patent application or patent of identical invention-creation.

With regard to the handling of identical inventions-creations, the provisions in Chapter 3, Section 6 of Part II of the present Guidelines shall apply.

The Chapter 3, Section 8 of Part I is revised to:

8. Examination According to Article 23.1

In the preliminary examination, the examiner shall examine whether a design application obviously does not comply with Article 23.1, and may examine whether a design application obviously does not comply with Article 23.1 based on the obtained information of related prior design or conflicting applications.

Where a design application might concern an abnormal application, such as an application obviously plagiarizing prior design or with repeatedly-submitted substantially identical content, the examiner shall examine whether the design application obviously does not comply with Article 23.1 based on the prior art document obtained through search or information obtained through other approaches.

Examination regarding identical or substantially identical designs shall follow provisions in Chapter 5 of Part IV of the present Guidelines.

The Chapter 3, Section 11 of Part I is revised to:

11. Examination According to Article 9

In accordance with Article 9.1, for any identical invention-crea¬tion, only one patent right shall be granted. In accordance with Article 9.2, where two or more applicants file applications for patent for the identi¬cal invention-creation, the patent right shall be granted to the applicant whose application is filed first.

In the preliminary examination, whether a design application complies with the provision of Article 9 shall be examined. The examiner may examine whether a design application complies with the provision of Article 9 according to the obtained design application or design patent of same design.

The present decision shall enter into force on October 15, 2013.