The latest revisions to the Chinese Patent Law, along with the Implementation Regulations of the Patent Law (IRPL) and the Guidelines for Patent Examination (GPE) came into effect on January 20, 2024, and represent an important step forward in aligning China's intellectual property system with global standards.

Key Changes:

Priority Rights Restoration: Applicants can now restore priority rights for patent and utility model applications if they miss the deadline with valid reasons. Restoration must be requested within two months of the missed deadline. If priority restoration occurs during the international phase, the application undergoes re-examination by China's National Intellectual Property Administration (CNIPA) upon entering the national stage.

Supplementary Submission: Applicants can add missing elements to patent or utility model applications within two months of filing, retaining the original filing date.

New Drug Patents: The updated rules now allow for three additional types of drug patents: for new pharmaceutical uses, new drug products, and new manufacturing processes. To address delays caused by lengthy approval processes, applicants for new drug patents may receive an extension to the patent term, limited to the approved product and its intended use.

Priority Claims: Applicants can now amend or add priority claims within 16 months from the priority date or within 4 months of the application date.

Priority Utilization: Design patent applications can now use earlier filing dates based on prior patent or utility model applications in China without withdrawal.

International Design Applications: Applications via the Hague Agreement are considered national upon registration in China, with separate examinations at the national stage.

These amendments aim to harmonize China's IP system with international standards, promoting increased IP filings and global collaboration.

If you have any inquiries regarding intellectual property matters, please don’t hesitate to contact us at [email protected].