PRC AMENDMENT OF PATENT EXAMINATION GUIDELINES

07/01/2006

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In May 2006, China's State Intellectual Property Office (SIPO), published the amended Patent Examination Guidelines, which take effect from July 2006.

The major content of the amendments includes:

amendments to provisions that created in-convenience for applicants: procedural provi-sions are amended with the aim of improving convenience for applicants and simplifying procedures as far as possible; and remedies are provided for applicants where necessary;

amendments to provisions that created incon-sistencies in enforcement;

amendments to provisions that were difficult to operate in examination practice;

amendments to provisions that were no longer in keeping with technological developments;

incorporating relevant content from rulings previously published by the SIPO;

a number of typical case examples are added;

incorporating into the Guidelines certain practices that have proved themselves worka-ble in examination practice, or are routinely used by the SIPO;

an effort has been made to strike a balance between parties’ rights and the administrative efficiency of examination in all procedures; and

consideration is given to coordination with international rules and established interna-tional practices.