Presently, China has adopted a system of "preliminary examination & evaluation report" for new utility model applications. In this preliminary examination, the examiner may examine whether the utility model application obviously does not possess novelty according to the information obtained about the prior art or the conflicting application.
In addition, recently there has been an important adjustment to this preliminary examination system for utility model applications in China. Specifically, on the 20th of July 2022, in a reply letter from CNIPA to the recommendation No. 8842 of the 5th Session of the 13th National People's Congress , it is mentioned that "in order to further improve the quality of the granted utility model, CNIPA actively promoted the reform of the utility model examination system. In the revised draft of 'Implementing regulations of the patent law of the People's Republic of China', the obvious lack of inventive step was brought into the scope of preliminary examination of utility model application; moreover, the 'Guidelines for Patent Examination' are amended accordingly.".
In other words, in the examination practice for utility model applications from this point on, CNIPA's examiners will now not only consider an obvious lack of novelty, but also an "obvious lack of inventive step".
Further information can be found here. (Chinese)
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