New Amendment in the Guidelines for Patent Examination:Delayed Examination2019-12-13

On September 23, 2019, the China National Intellectual Property Administration (CNIPA) issued the newly revised Guidelines for Patent Examination (hereinafter referred to as the Guidelines), which took effect on November 1, 2019. The revised Guidelines has made 15 adjustments in 9 aspects, among which the new regulation on delayed examination has attracted the attention of many applicants.

Delayed examination

The revised Guidelines regulates the delayed examination of applications for patents for inventions and designs, and specifies the timing of the request for delayed examination and the period for delayed examination in accordance with section 8.3 of chapter vii of part V of the Guidelines:

"An invention patent applicant may file a request for delayed examination at the time of requesting substantive examination; a design patent applicant may file a request for delayed examination at the time of filing the design patent application. The examination may be delayed for one year, two years or three years from the effective date of the request."

Source: China IP News

 

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