State Intellectual Property Office of the P.R.C deliberated and adopted the Decision of State Intellectual Property Office on Modifying ‘Guidelines for Patent Examination’ which has been promulgated. The key points to be amended are shown as below, only for your reference. 

Decision of State Intellectual Property Office on Modifying ‘Guidelines for Patent Examination’ (No.68)

State Intellectual Property Office Order

No.68

Decision of State Intellectual Property Office on Modifying ‘Guidelines for Patent Examination’ has been deliberated and approved in the working meeting of the Office and has been promulgated. The Decision will come into force as of May 1, 2014.

Director Shen Changyu

March 12, 2014

Decision of State Intellectual Property Office on Modifying ‘Guidelines for Patent Examination’

State Intellectual Property Office decides to make the following modifications to the Guidelines for Patent Examination 

I. Modifications to Section 4.2, Chapter 3 of Part One

To add a new paragraph after the third paragraph in Section 4.2, Chapter 3 of Part One, with the following contents:

In respect of the product appearance design including the graphical user interface, the overall product appearance design view should be submitted. If the graphical user interface is the dynamic pattern, the applicant should submit the above mentioned product appearance design view of at least one state. For the rest states, only the view of the key frame should be submitted. The views submitted shall be able to determine the changing trend of the animation in the dynamic pattern solely.

Other contents in this section have not been modified.

II. Modifications to Section 4.3, Chapter 3 of Part One

To add a new item after the item 6 in third paragraph of Section 4.3, Chapter 3 of Part One, with the following contents:

(7)For the patent application for the product appearance design including graphical user interface, if necessary, the use of the graphical user interface, the area of the graphical user interface in the product, the human-machine interaction way and states of change and so on should be stated.

Other contents in this section have not been modified.

III. Modifications to Section 7.2, Chapter 3 of Part One

To delete the last sentence in third paragraph of Section 7.2, Chapter 3 of Part One, i.e. “The pattern of the products should be fixed and visible, rather than sporadic or being visible only under the specific conditions.”

Other contents in this section have not been modified.

IV. Modifications to Section 7.4, Chapter 3 of Part One

To modify the item 11 in the first paragraph of Section 7.4, Chapter 3 of Part One as following:

(11)The game interfaces and the patterns displayed by the product display device independent of the human-machine interaction or the product function realization, such as electronic screen wallpapers, startup and shutdown screens and image-text typesetting of the web pages.

Other contents in this section have not been modified.

V. Modifications to Section 6.1, Chapter 5 of Part Four

To add a new item after the item 4 in the second paragraph of Section 6.1, Chapter 5 of Part Four, with the following contents:

(5)For the product appearance design including graphical user interface, if the design of the rest part of the involved patent is a usual design, the graphical user interface will have more significant impact on the overall visual effect.

Other contents in this section have not been modified.

The Decision will be implemented since May 1, 2014.