Comments to the CNIPA on the Guidelines for Patent Examination (Second Batch of Draft for Comment)

2020-12-10 | Beijing, Shanghai

The Revised Draft reflects the efforts made by the State Intellectual Property Office of China to continuously improve the patent examination standards, and it does provide a stronger institutional guarantee for innovation entities. For example, the amendments in the examination of inventive step have more reasonable requirements for the determination of "closest prior art" and technical problems; another example is the examination of invention patents involving computer programs in Chapter 9 of Part Two. The patentability of "program products" conforms to the demands of technological development. However, some of these provisions still have room for improvement.