On May 26, 2023, China’s National Intellectual Property Administration (CNIPA) issued a "Guide to the Identification of Abnormal Patent Applications and the consideration of issues after determination." The Manual contains detailed information on the definition of abnormal behavior of a patent application from various points of view, as well as on the procedures for reviewing an abnormal patent application after its determination.

The definition of abnormal patent application behavior is based on the provisions of Article 2, paragraph 1, of the “Measures on Regulating Patent Application Behavior" (Announcement No. 41 of the State Intellectual Property Office) (hereinafter referred to as Announcement No. 41), "The term "abnormal patent application behavior" as used in these Measures refers to any unit or individual, not for the purpose of protecting innovation, not based on real invention-creation activities, but in order to obtain improper benefits or fictitious innovation performance, service performance, individually or jointly submit various patent applications, represent patent applications, transfer patent application rights or patent rights and other acts.”

Abnormal patent application behavior is determined from the perspective of writing the application documents:
1) Multiple patent applications with significantly the same content of inventions and creations submitted at the same time or successively, or substantially formed by simple combinations of characteristics or elements of different inventions and creations, are submitted at the same time or successively.;
2) The patent application submitted has fabricated, forged, or distorted the content of the invention, experimental data, or technical effects, or copied, simply replaced, or pieced together the existing technology or existing design and other similar circumstances.;
2) The patent application submitted has fabricated, forged, or distorted the content of the invention, experimental data, or technical effects, or copied, simply replaced, or pieced together the existing technology or existing design and other similar circumstances.;