“Key Changes in Chinese Patent Practice: Towards International Alignment and Transparency”

The recent amendments to the Implementing Regulations of the Chinese Patent Law have brought significant changes to the Chinese patent system, aiming to align it more closely with international practices and enhance transparency and equity. These changes, set to take effect from January 20, 2024, cover a wide range of areas, from priority rights restoration to good faith principles and increased due process.

One of the key changes is the incorporation by reference rule, allowing applicants to supplement missing or incorrect parts of their patent applications by invoking prior applications identified in the priority claim. This rule enables applicants to maintain their initial filing date while correcting any deficiencies in their applications.

Another important change is the restoration of priority rights for invention or utility model patent applications, providing flexibility for applicants who miss the priority deadline due to valid reasons. This change allows for the restoration of priority rights during the international phase of a PCT application, ensuring a fair and equitable process for applicants.

Furthermore, the implementation of the Hague Agreement will streamline the process for international design applications that designate China, simplifying the examination process at the national stage. This change will enhance efficiency and consistency in the examination of design patent applications.

The amendments also introduce a good faith principle, prohibiting applicants and patent owners from making false representations during the patent prosecution process. Violations of this principle may result in administrative penalties, promoting honesty and integrity in the patent system.

Overall, these changes represent a significant step forward for the Chinese patent system, bringing it closer to international standards and enhancing transparency and equity. The amendments are expected to have a positive impact on innovation and intellectual property protection in China, fostering a more robust and fair patent system for all stakeholders.