China Implements Amended Patent Examination Guidelines

The amended Guidelines for Patent Examination recently released by the China National Intellectual Property Administration (Announcement No. 391 [2020]) took effect on 15 January 2021. These amendments relate to the provisions under Chapter 10 of Part II. More specific provisions are laid down for the criteria of examination of supplementary experimental data, the novelty of compound inventions, and the inventiveness of inventions in compounds and biotechnology fields.

In a nutshell, these amendments are made in response to the demands of relevant industries in China and abroad. Steps are taken to expound and improve upon various examination criteria, provide clearer definitions for some of the terms used and clarify the relevant burden of proof so that the guidelines can more effectively protect the rights and interests of patent applicants.

Source: China National Intellectual Property Administration