Exploring the Expanded Grace Period Provisions in the Chinese Patent Law

China Expands Grace Period for Patent Applications in Emergency Situations

In a recent development, the Chinese National Intellectual Property Administration (CNIPA) has expanded the grace period for patent applications in emergency or extraordinary situations. The new regulations, which came into effect on January 20, 2024, aim to provide more flexibility for patent applicants, especially in cases of public health incidents like pandemic prevention and control.

Previously, China had a narrow grace period that only applied to public disclosures made at academic or technical conferences organized by Chinese government or academic organizations. This limited the scope of protection for foreign clients. However, the new 4th Amendment of the Chinese Patent Law has introduced a 6-month grace period for disclosures made during emergency situations.

Under Article 241 of the amendment, public disclosures made for the purpose of public interest during emergencies will not destroy the novelty of a patent application filed within 6 months from the disclosure. This provision aims to encourage innovation and protect inventors who may need to disclose their inventions in urgent situations.

Additionally, the new regulations have expanded the scope of the grace period to include academic or technical conferences held by international organizations recognized by the relevant departments under the State Council. This change provides relief for certain types of public disclosures related to international conference exchanges and technical standards development.

While these amendments are welcomed by the intellectual property community, experts advise caution in relying on the grace period as a last resort remedy. It is still recommended for applicants to secure a filing date before any public disclosure to prevent potential prior art events and ensure timely protection of their inventions.

Overall, the expansion of the grace period in China reflects the country’s commitment to promoting innovation and protecting intellectual property rights in emergency situations. Applicants are encouraged to stay informed about the new regulations and seek professional advice to navigate the patent application process effectively.