China National Intellectual Property Administration, Measures for the Administration of the Centralized Examination of Patents

国家知识产权局专利申请集中审查管理办法

September 20, 2019 | BY

Susan Mok

The China National Intellectual Property Administration would conduct an overall review of a portfolio of patent applications.

Clp Reference: 5100/19.08.30 Promulgated: 2019-08-30
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Issued: August 30, 2019

Applicability: The term "centralized examination" means a patent examination model, the purpose of which is to strengthen the understanding of the overall technology in a portfolio of patent applications, enhance the validity of examination opinion notices and enhance the quality and efficiency of examinations, wherein the China National Intellectual Property Administration, pursuant to the request of an applicant or provincial-level intellectual property administrative department, conducts a centralized review of a portfolio of patent applications concerning the same critical technology (Article 2).

Main contents: A patent application requesting the conduct of a centralized examination shall satisfy the conditions set forth below:

(1)       being an application for an invention patent the request for substantive examination of which has entered into effect but the examination of which has yet to commence; where an applicant applies for both a utility model patent and an invention patent on the same date in respect of the same invention/creation, the application for the invention patent will not be included within the scope of the centralized examination for the time being;

(2)       involving a key state dominant industry or having material significance for the national interest or the public interest;

(3)       the number of applications in the same batch being not less than 50 and the time interval between the entry into effect of their substantive examination requests not exceeding one year; and

(4)       not being eligible for other examination policies, such as prioritized examination (Article 3).

clp reference: 5100/19.08.30 issued: 2019-08-30

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