AIPLA Comments on CNIPA Draft Measures for Prioritized Patent Examination

Arlington, VA. March 30, 2026 – The American Intellectual Property Law Association (AIPLA) submitted comments to the China National Intellectual Property Administration (CNIPA) regarding the Draft Measures for the Administration of Prioritized Examination of Patents. While expressing overall support for the Draft Measures, the submission provides specific recommendations for several articles: 

Article 5: AIPLA requested clearer guidance on which applications qualify as "key areas of national support" or "breakthroughs in key core technologies". The comments noted that existing measures provide specific technological examples (e.g., energy conservation, new materials) and suggested a similar level of detail for the new Draft Measures. 

AIPLA also suggested that the formal requirements for prioritized examination be objective, clear, and expressly listed in the official request form to promote transparency and predictability for both domestic and foreign applicants.

Article 6: AIPLA requested clarification on whether prioritized review includes invalidation cases associated with co-pending patent term extension (PTE) applications, particularly those covering medicines. 

Article 11: AIPLA expressed concern that requiring a "recommendation opinion" from a Chinese state or provincial department is difficult for foreign applicants without a domestic presence. The submission suggested establishing streamlined pathways or objective criteria to waive this requirement, to ensure compliance with TRIPS. 

Article 12: AIPLA welcomed CNIPA's commitment to not charging additional fees for the prioritized examination procedure.