The China National Intellectual Property Administration (CNIPA) has recently officially released the newest revision on "Patent Examination Guidelines," which will come into effect on January 1, 2026. This revision represents a significant step in adapting China's patent system to the development of new technologies and will have a positive impact on patent applications and protection for innovation entities.
The revision primarily involves important changes in three key areas:
In terms of new technology protection, the new guidelines provide clear provisions for patent examination standards in emerging technological fields such as artificial intelligence, big data, and streaming media, offering clear guidance for the patent protection of related innovations. Additionally, the new rules clarify the definition of plant varieties, expand the scope of patentable subject matter, and significantly strengthen intellectual property protection for innovations in the seed industry.
Regarding examination standards, the new Guidelines optimize multiple aspects of the patent application process, improving the handling methods for same-day applications. They also introduce clearer provisions for inventiveness assessment, which will help enhance the quality of patent applications.
In the area of supporting innovation, the new guidelines establish the concept of "on-demand examination" and refine the "Patent Prosecution Highway (PPH)" mechanism to better meet the practical needs of innovation entities. At the same time, the guidelines clarify examination standards for divisional applications and priority claims, as well as the requirements for submitting priority transfer proofs, making the patent application process more standardized and transparent.
As a leading intellectual property service provider, AFD China will promptly follow up on the details of the new guidelines and continue to provide clients with professional patent agency services and strategic advice.
Stay tuned for our follow-up interpretive articles on the newly revised "Patent Examination Guidelines" to jointly seize the opportunities brought by the new patent examination rules.
