AIPLA Comments on the Draft Revised Chinese Patent Examination Guidelines December 19, 2022

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.