State Intellectual Property Office, Decision on Amending the «Patent Examination Guidelines»
国家知识产权局关于修改《专利审查指南》的决定
April 27, 2017 | BY
Susan Mok &clp articles &Patent Examination Guidelines revised to accommodate technology development.
Promulgated: February 28 2017
Effective: April 1 2017
Main contents: If a claim involving a business model includes both content on business rules and method, on the one hand, and technical features, on the other hand, the possibility for obtaining a patent therefor shall not be precluded based on Article 25 of the Patent Law (Item One).
In contrast to an “invention involving a computer program”, a claim for a “computer program itself” may be written by using the “medium + computer program flow” method (Item Two).
The amended Guidelines appropriately relax the methods of revising patent documents, permitting the addition to a claim of one or more technical features documented in another claim to narrow the scope of protection, and permitting the correction of obvious errors in the claims (Item Six, Eight & Nine).
Related legislation: PRC Patent Law (3rd Revision) and Implementing Rules for the PRC Patent Law (2nd Revision)
clp reference:5100/17.02.28 promulgated:2017-02-28 effective:2017-04-01
Promulgated: February 28 2017
Effective: April 1 2017
Main contents: If a claim involving a business model includes both content on business rules and method, on the one hand, and technical features, on the other hand, the possibility for obtaining a patent therefor shall not be precluded based on Article 25 of the Patent Law (Item One).
In contrast to an “invention involving a computer program”, a claim for a “computer program itself” may be written by using the “medium + computer program flow” method (Item Two).
The amended Guidelines appropriately relax the methods of revising patent documents, permitting the addition to a claim of one or more technical features documented in another claim to narrow the scope of protection, and permitting the correction of obvious errors in the claims (Item Six, Eight & Nine).
Related legislation: PRC Patent Law (3rd Revision) and Implementing Rules for the PRC Patent Law (2nd Revision)
clp reference:5100/17.02.28 promulgated:2017-02-28 effective:2017-04-01
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now