By the implementation of the new Administrative Measures for priority examination, Applicants in China can now request for an acceleration examination when filing a patent application…
The State Intellectual Property Office (SIPO) issued the Administrative Measures for the Priority Examination of Invention Patent Applications on 19 June 2012, which came into force on August 1, 2012. Now, a fast track system for the examination procedure of patent applications becomes formal and workable in China.
The Administrative Measures provide that:
Upon an applicant’s request, the SIPO shall give priority to the examination of invention patent applications that satisfy relevant conditions, which shall be concluded within one year after the approval of the applicant’s priority examination request.
These Measures shall not apply to the priority examination to be conducted in accordance with the relevant provisions of bilateral or multilateral agreements concluded between the SIPO and patent examination organizations of other countries or regions.
Invention patent applications that may be subject to priority examination include:
- Applications for important patents involving technologies related to energy conservation, environmental protection, new generation information technology, biology, high‐end equipment manufacturing, new energy, new materials, and new energy vehicles;
- Applications for important patents conducive to environment‐friendly development, such as those related to lowcarbon technologies and resource conservation;
- First‐time applications filed in China regarding the same specific subjects, which are also filed in other countries or regions; and
- Other patent applications that are of significance to the national interest or public interest and therefore priority examinations are required.
The Administrative Measures are set to provide eligible applications with accelerated examination. Those applications either are of significance to the national interest or public interest or conducive to environment‐friendly development. The implementation of the Measures not only contributes to encourage high and new technology innovation also accelerates transformation and industrialization of the scientific and technical results.
For those applications claiming a priority of other countries/regions, if the first‐filed country has agreements with the SIPO under the pilot Patent Prosecution Highway (PPH) scheme, such as Japan, Korea, USA, Germany and Russia, the Applicant may request for accelerated examination under the agreements.