On 22 February 2023, the China National Intellectual Property Administration (CNIPA) held a press conference and introduced this year's working arraignment on intellectual property.1 The following aspects are of particular interest in relation to patents:
- The examination period for invention patent applications is targeted to 16 months, with an accuracy rate of case closure over 93%.
- The standard of patent examination will be further improved, particularly in new fields or core technologies, such as big data, artificial intelligence, genetic technology.
- "Obviously lack of inventive step examination" and "obviously lack of difference examination" will be introduced to utility model applications and design applications respectively.
- Electronic patent certificates will be fully implemented.
Implications
Further shrinking of the examination period would be welcomed by applicants as the legal rights can be secured earlier if granted. In the meantime, as the threshold for registration of utility model patents and design patents will be increased, a patent search, such as a cursory search, is recommended for informed decisions before the patent filing.
Footnote
1https://www.cnipa.gov.cn/col/col3173/index.html
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