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Administrative Measures for Patent Priority Examination (2017)

专利优先审查管理办法

Type of laws Departmental rule

Issuing body National Intellectual Property Administration

Promulgating date Jun 27, 2017

Effective date Aug 01, 2017

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Patent Law

Editor(s) C. J. Observer

The Administrative Measures for Patent Priority Examination (the Measures) entered into force on 1 Aug. 2017.

There are 15 articles in total, which aims to provide a quick examination channel for the patent applications of invention, utility model and design that meet the requirements. The key points are as follows:

  1. Priority should be given to patent applications in the fields of energy conservation and environmental protection, new information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing, and patent applications involving Internet, big data, cloud computing and other fields with fast update of technology or product.

  2. If the State Intellectual Property Office agrees to give priority to examination, the formalities will be fulfilled within the following time limit: (1) the patent application for invention shall be fulfilled within one year; (2) the patent application for utility model and design shall be fulfilled within two months; (3) the patent re-examination shall be fulfilled within seven months; (4) the invalidation of invention and utility model patent shall be fulfilled within five months, and the invalidation of the design patent shall be fulfilled within four months.

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