Accelerated Examination for Patent Applications in China

The State Intellectual Home Office (SIPO) has introduced a rapidly track method for the examination procedure of patent applications in China. maag kronis

The Administrative Measures (in Chinese), issued on 19 June 2012, will come into impact on 1 August 2012, permitting for prioritized examination of certain sorts of invention patents.

What sort of application is eligible?

Crucial applications relating to energy conservation and environment protection, new generation knowledge technology, biology, high end equipment manufacture, new materials, new energy automobiles
Crucial applications promoting the development of green technologies, that include those relating to low carbon emission and conservation of resources;
Applications for the same invention first filed in China and then in other countries or regions; and
Other applications which materially influence national or public interests and call for examination which is prioritized

A request for prioritized examination shall be made in electronic form, with each other using a 'Form of Request for Prioritized Examination of Invention Patent Application' that has been recognized and endorsed by a regional SIPO branch on the pertinent province, autonomous region or municipality. maag kronis mk01

The applicant can also be necessary to submit search and examination reports, issued by the patent examination authority of yet another nation or region, that include the UK Intellectual Home Office or European Patent Office. Alternatively, the applicant can submit a search report issued by a recognised and competent entity. Nevertheless, it remains to become clarified as to what a 'recognised and competent entity' is.

Upon receipt of a prioritized examination request, SIPO will evaluation the application and notify the applicants on the result. The grant of this examination is discretionary, along with the variety of examaintions is always to be determined by the capacity on the examination division.

From the date of grant on the prioritized examination, SIPO will concern the very first Examination Report inside 30 operating days, upon which the applicant is necessary to respond or right any troubles raised in the report inside two months. SIPO is always to bring the case to conclusion inside 1 year from the date of grant on the examination request. Nevertheless, if a response to the examination opinion just isn't received inside two months on the first Examination Report, the prioritized status on the application will cease and examination on the application will resume to normal. maag kronis mk02

Exactly where SIPO has signed a bilateral or multi-lateral agreement using a patent authority of a nation that consists of prioritized or accelerated procedures, such agreements are to take precedence ahead of the above scheme. For example, SIPO has agreements using a variety of countries (Japan, Korea, US, Germany, Russia) below the pilot Patent Prosecution Highway (PPH) scheme.

The prioritized examination scheme is set to supply eligible applications with acceleration of examination. If your patent application is granted prioritized examination, it is important to respond to the first Examination Report inside the 2 month deadline as a way to keep its priority status.

Apart from China, accelerated examination can also be out there in other countries, that include the UK, and Europe, as well as especially for applications relating to green technologies.

When you would like further guidance on learn how to accelerate your patent application in China or in any other nation, please get in touch with me.

This article was written by Cloe Loo of Albright Patents. Cloe graduated from UCL in 2005 with an honours degree in Biology. Cloe was introduced to the planet of Intellectual Home by her sister, a Trademark Lawyer in Hong Kong. She joined Albright Patents in August 2010 and is involved in the drafting, filing and common prosecution of patents. Cloe is fluent in each Cantonese and Mandarin.