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China: Examination Guidelines have been revised

According to an official notice, the China National Intellectual Property Administration (CNIPA) has decided on a revision of its Examination Guidelines (2010), which will enter into force on 1 November 2019. Some relevant changes are listed below:

  • Deferred examination: An applicant can request to defer the examination of the application by one, two or three years. An application for deferred examination shall be submitted at the time of requesting substantive examination. The request for deferred examination shall take effect from the effective date of the substantive examination request. CNIPA may start initiate the examination procedure at its own discretion. (Part 5, Chapter 7, 8.3).
  • Submission time of divisional applications: If the examiner has objected to an existing divisional application due to lack of unity, a further divisional shall be filed while the existing divisional application is still pending (Part 1, Chapter 1, 5.1.1 (3))
  • Graphical user interfaces: A new section (Part 1, Ch. 3, 4.4.) has been added which specifies that the name and explanation of the GUI should reflect its main usage. Furthermore, the requirements for the drawings have been simplified.
  • Eligibility of stem cells from human embryos: If an application obtains or isolates embryonic stem cells within 14 days after fertilisation, CNIPA should not reject it as being contrary to social morality. (Part 2, Chapter 1, 3.1.2)

A detailed comparison table, highlighting all changes over the previous version, can be downloaded from CNIPA's website (Chinese only).

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