Brief on Administrative Measures on Prioritized Examination of Invention Patent Applications (August 2012)

State Intellectual Property Office (SIPO) of China released the Administrative Measures on Prioritized Examination of Invention Patent Applications (the Measures), to be effective on August 1, 2012.

The Measures provides that upon the request of the applicant, an invention patent application that conforms to certain conditions will be given a prioritized examination by SIPO, with such prioritized examination to be concluded within one year from the date of approval of the prioritized examination request.

Applications entitled to Prioritized Examination

(1) Important patent applications involving technologies related to energy conservation, environmental protection, new generation of information technology, biology, high-end equipment manufacturing, new energy,new materials, and new energy vehicles;

(2) Important patent applications conducive to environment-friendly development, such as those related to low-carbon technologies and resource conservation;

(3) First-filed patent applications that were first filed in China and their corresponding applications with the same subject matters were also filed in other countries or regions of the world;

(4) Patent applications that are significant for the national interests or public welfare of China and therefore need prioritized examination.

Documents and information needed

(1) Request Form for Prioritized Examination of Invention Patent Application, reviewed and signed with opinions and an official seal by local Intellectual Property Office of the province, autonomous region or municipality;

(2) Search report in prescribed format issued by a qualified entity with patent search conditions, or the search report and examination result issued by a patent examination authority of other countries/areas and the Chinese translation thereof.

Requirements

(1) The invention patent applications that seek prioritized examination shall be in electronic filing system;

(2) Where an invention patent application for which prioritized examination is requested has not entered the substantial examination procedure, the applicant shall submit the request for substantial examination.

(3) With respect to any invention patent application under prioritized examination, the applicant shall respond to notice of office action or rectification as soon as possible.

Since SIPO shall timely conduct the process and issue the first office action within 30 working days after the approval of the request of prioritized examination, the applicant shall reply to the office action within two months from the date of receiving the office action. If the applicant delays in replying, SIPO will cease the prioritized examination process and treat the application as a regular application.

In addition, please be advised that where a prioritized examination is initiated according to the bilateral or multilateral agreements signed between SIPO and the patent examination authorities of other countries/areas, the Measures are NOT applicable.

Order No. 65 of SIPO, the Measures in Chinese

http://www.sipo.gov.cn/zwgs/ling/201206/

t20120621_712805.html

Request Form for Prioritized Examination of Invention Patent Application

http://www.sipo.gov.cn/bgxz/zlsqbg/ty/

100043fmzlsqyxscqqs.doc