AIPLA Comments on the Draft Revised Chinese Patent Examination Guidelines
File Downloads
All documents are in PDF format.
Arlington, VA. December 19, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to the China National Intellectual Property Administration (CNIPA) on the Draft Revised Chinese Patent Examination Guidelines.
The response suggests the removal of language related to specific maximum lump sun and royalty rate for open license. The response agrees that further guidance and detail would be helpful regarding a request for correcting errors and omissions in naming inventor(s) and suggests that procedures that are too restrictive could discourage inventors and applicants from trying to correct mistakes and omissions. The response also comments on the patent term adjustment provisions as to the procedure and requests clarification as to the legislative basis for the denial of specific types of patents from patent term adjustment, as well as on the exclusion of subject matter categories from design patents. Additionally, AIPLA believes applicants should be allowed to patent the full scope of a design, which includes the overall design of a product and the designs of the product’s components. The response requests further clarification regarding genetic resources or genetic information, patent-eligible diagnostic methods, and term extension of drug-related patents.
To view the complete comments, please download the comment letter posted to the right of this page.
Upcoming Events
-
2023 AM IP Practice in Japan Pre-Meeting - National Harbor, MD
October 17 to 18, 2023
The Pre-Meeting is open to all and is a great event for networking with colleagues from Japan. There is an additional cost to attend the Reception and Dinner for IP Practice in Japan Committee TBD Restaurant, at 6:30 pm on Tuesday. Note: You must be registered for the 2023 Annual Meeting to register for this event. -
AIPLA 2023 Annual Meeting
October 19 to 21, 2023
To be held at the Gaylord National Resort and Convention Center in National Harbor, MD. More information coming soon! Registration is Now Open! -
2024 AIPLA Corporate Practice Institute
January 9 to 16, 2024
Tuesday, January 9, 12:00 Noon - 5:00 PM - and Tuesday, January 16, 12:00 Noon - 5:00 PM -- The Corporate Practice Institute is a virtual event will take place on the 2nd and 3rd Tuesday of January, and will consist of 60 minute Sessions with 30 minute breaks in between. Each evening will end with an online networking event. Program Coming soon! Special registration rates for in-house corporate practitioners.