On 6 May 2021, China National Intellectual Property Administration (CNIPA) published the “Draft Amendments to Several Provisions on Regulating Patent Application Activities (Draft for Public Comment)” (关于规范申请专利行为的若干规定修改草案(征求意见稿)) (hereinafter referred to as the "Draft") to gather public opinions as of 6 June 2021.
For the purpose of the Draft, abnormal patent application activities refer to activities where any unit or individual, without the purpose of protecting innovation, independently or jointly submits various types of patent applications, acts as a patent application agent, or transfers the right to apply for a patent or a patent right so as to seek illegitimate benefits or fabricate innovation achievements and service performance.
The Draft clarifies the special procedures adopted by CNIPA for the handling of abnormal patent applications in the phases of patent application acceptance, preliminary examination, actual examination, re-examination, or the international phase of international applications. The Draft also provides a remedy for applicants who refuse to accept the determination of abnormal patent applications.
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Contributors: CJO Staff Contributors Team
