CNIPA published the “Draft Amendment to Several Provisions for the Regulation of Patent Application (Exposure Draft)"

On May 6, China National Intellectual Property Administration (CNIPA) published the "Draft Amendment to Several Provisions Regarding the Regulation of Patent Applications (Exposure Draft)" and its drafting explanations to solicit public opinions.

This draft amendment integrated the "Measures on Regulating Patent Application Behaviors" (CNIPA Announcement No. 411), which was promulgated and implemented on March 11, 2021, and made substantial changes to the "Draft Amendment to Several Provisions for the Regulation of Patent Application (Exposure Draft)" (CNIPA Order No. 75).

First, it has revised the name of the Regulations. In accordance with the statement in Article 20, Paragraph 1, of the revised China’s Patent Law, the title of the "Regulations" has changed from "Several Provisions Regarding the Regulation of Acts of Patent Application" to "Several Provisions Regarding the Regulation of Acts of Applying for Patents".

Second, it has supplemented and completed improper behaviors of patent applications. The "Regulations" completed the definition of behaviors of improper patent applications, and further clarified the forms of improper patent application behavior.

Third, the examination procedures for improper patent applications has been stipulated explicitly. The "Regulations" clarified the special processing procedures of CNIPA for improper patent applications behavior. At the same time, in order to protect the legitimate rights and interests of the counterparty, it also informed the relevant legal remedies.

Fourth, the relevant handling measures for improper patent applications have been updated and completed. The "Regulations" further updated and completed the handling measures for entities or individuals with various types of improper patent applications, as well as the departments and agencies in charge.