The deadline to submit comments is 22 Sep 2021. This was just announced earlier today (3 Aug 2021) at the link below:

www.cnipa.gov.cn/art/2021/8/3/art_75_166474.html

Upon a quick glance, the major changes are as below (in my view):

Those following drugs issues, you may wish to jump to point 8. and 11.

Those interested in designs, you may wish to jump to points 14 and 15.

  1. Allow submission of colored figures (Part 4.3, Chapter 1; and Part 7.3, Chapter 2; Part I)
  2. Incorporation by reference from priority document - stipulations on time limit (two months from CN application date, or deadline specified by CNIPA) and mechanism (e.g. need to provide Chinese translation of priority document) (Part 4.7, Chapter 1; Part I), and for PCT applications entering China (Part 5.3, Chapter 1, Part III)
  3. Restoration, addition, and correction of priority - correction and addition within 16 months from priority date or 4 months of CN filing date; restoration with 2 months from priority deadline (Part 6.2.1, 6.2.3, 6.2.6.2 Chapter 1; Part I), and for PCT applications entering China (Part 5.2.5, Chapter 1, Part III)
  4. Stipulation on "bad faith" applications (Part 7.9, Chapter 1; Part I. Part 5, Chapter 1; Part 1. Part 6.1.2, Chapter 8; Part II)
  5. Software related invention (Chapter 9, Part II) - add examples, and how to determine inventiveness of inventions involving deep learning.
  6. Provide leeway for the Re-examination and Invalidation Department (RID) to "adjust" objections in rejection decision during re-examination of an application (Part 4.1, Chapter2; Part IV)
  7. Stipulation on participation of party with ownership dispute at invalidation proceedings (Part 3.7, Chapter 3; Part IV)
  8. Handling of invalidation petition in light of type 4.1 declaration under the patent linkage mechanism, i.e. generic drug application considers that the drug patent should be invalidated (Part 8, Chapter 3; Part IV) [Note: Does not appear to say that the RID would prioritize these petitions]
  9. Specify that if a corresponding utility model exists, the corresponding invention patent application would be delayed for examination for 4 years (Part 8.3, Chapter 7; Part V))
  10. Specifications on patent term adjustment PTA (Part 2, Chapter 9; Part V) [Note; only specify what do not count as delay that could lead to PTA. No mentioning of whether the relevant PTA decision could be appealed if the patent is not satisfied]
  11. Specifications on patent term extension PTE of drug patents (Part 3, Chapter 9; Part V) [Note further clarifications on what type of drugs could enjoy PTE (chemical drugs types 2.1 and 2.4; biological vaccines type 2.2; therapeutic biological drugs type 2.2; Chinese medicine type 2.3, see NMPA definitions), what type of patents could enjoy PTE (product, method of manufacturing, and medical use), and whether the drug falls within the scope of the subject patent. No mentioning of whether the relevant PTE decision could be appealed if the patent is not satisfied]
  12. Patentability evaluation report could be applied for by potential alleged infringer (Part 2.1, Chapter 10; Part V)
  13. Stipulations on open license (Chapter 11; Part V)
  14. Stipulations on international design application under Hague Convention (Part VI)
  15. Designs
  • Removed prohibition of broken lines (Part 4.2.2, Chapter 3; Part 1) [Note: But Part 4.2.4(3) still does not allow broken lines]
  • Partial designs stipulations - allow use of broken lines to present (Part 4.4, Chapter 3; Part I)
  • Partial designs also applicable to graphical user interface (Part 4.5, Chapter 3; Part I)
  • Stipulations on claiming domestic (CN) design priority (Part 5.2.2, Chapter 3; Part I)
  • Specify that design should have substantive difference from existing design (Part 8.2, Chapter 3; Part I)

One major problem of this draft is that, it appears that these revisions are referring to the to-be-revised Implementation Rules of the 4th Revisions of the Chinese Patent Law (2020), making tracking the changes very difficult, if at all possible, as these Implementation Rules are not finalized and published.

The above is a summary from my quick glance (237 pages document within one hour), , and I should have missed something or get something wrong. I will be grateful for any thoughts and/or corrections that I should make.

There are many interesting changes, and I look forward to working with colleagues at the AIPLA and IPO to come up with sensible comments.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.