On December 31, 2024, the CNIPA issued the recently amended Rules on Administrative Reconsideration, which will come into effect on February 1, 2025.
The CNIPA highlighted that the revised Rules have been optimized to expand the acceptance of administrative disputes, simplify the participation process for concerned parties, and enhance the effectiveness of resolving administrative disputes.
In terms of expanding the acceptance of administrative disputes, the recently amended Rules further broaden the scope of cases eligible for administrative reconsideration and the range of circumstances where administrative reconsideration is a procedural prerequisite. Meanwhile, in line with changes in the administrative reconsideration duties of the CNIPA, the Rules further clarify that, along with the existing provisions allowing reconsideration against administrative actions concerning patent applications, patents, integrated circuit layout design recording applications, and rights related to integrated circuit layout design, cases involving trademark registration applications, trademark rights, geographical indication product protection, geographical indications, and government information publication are now included in the scope of administrative reconsideration.
Regarding simplifying the participation process for parties concerned in administrative reconsideration, the revised Rules allow individuals to file on-line applications through CNIPA-designated platforms. Moreover, the revised Rules expand the categories of representatives permitted to act on behalf of the concerned party to include lawyers, grassroots legal service providers, patent attorneys and trademark attorneys. The revised Rules specify that the CNIPA is mandated to examine the administrative reconsideration application within five working days of receipt and promptly notify applicants of any required rectification in written within the examination period. In addition, the revised Rules stipulate specific information that must be included in the administrative reconsideration application, providing clear guidance for applicants.
To enhance the effectiveness of resolving administrative disputes, the revised Rules improve provisions on the examination and decisions related to administrative reconsideration, aiming to further boost public confidence in administrative reconsideration process.
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