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China: Revised Examination Guidelines released for comments

According to an official notice, the State Intellectual Property Office of China (SIPO) published proposed amendments to its Examination Guidelines (2010) for public comment on 27 October 2016.

The revised paragraphs concern rules and methods for mental activities (Part II, Chapter 1, Paragraph 4.2), computer programmes (Part II, Chapter 9, Paragraphs 2, 3 and 5.2), invalidation (Part IV, Chapter 3, Paragraphs 4.2, 4.3.1, 4.6.2 and 4.6.3 ) and time limits (Part V, Chapter 7, Paragraphs 7.4.2 and 7.4.3).

Concerning file inspection, a paragraph has been added which stipulates that also for pending patent applications, the public may inspect office actions, search reports and decisions issued by the examiner during substantive examination (Part V, Chapter 4, Paragraph 5.2).

The draft is open for comment until 27 November 2016. Further information, including a chart comparing the planned changes with the current provisions are available in a dedicated section on SIPO's website (Chinese only).

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