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China: Administrative Measures for Prioritised Examination under revision

Based on an official notice, the State Intellectual Property Office of China (SIPO) has published a revised version of its Administrative Measures for Prioritised Patent Examination (Draft for Comment) for public opinion. In 2012, these measures were first introduced to allow for a speedier examination of patent applications in certain technical fields (e.g. energy conservation, environmental protection, new materials or new energy vehicles).

According to the draft version, the scope of the existing measures will be broadened. Currently, prioritised examination is only available for invention patent applications. In the future, this will be extended to utility models and designs. Furthermore, it will become possible to request speedier re-examination and invalidation procedures under certain conditions.

For invention patent applications, a first examination report shall be issued within 45 days and examination shall be completed within one year. For utility models and designs, registration shall be completed within two months. The draft further stipulates the following time frames for the completion of accelerated procedures: seven months (re-examination), five months (invalidation of invention patents and utility models) and four months (invalidation of designs).

The draft is still open for public comment until 6 May 2017. All details of the draft, including further explanations, are available in a dedicated section on SIPO's website (Chinese only).

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