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Revisions to the Detailed Rules for the Implementation of the Patent Law ofChina and Examination Guidelines (Came into force on Jan 1, 2024)--------------------------------------------------------------------------------------

１． Overviewa) Extension of patent right（PTA, PTE）
b) Open licensing systemc) Partial designsd) Examination of Inventive step for utilitymodelse)f)g)h)i)j)

Rewards and Remunerations
Domestic priority basis for a design
Preliminary examination
Grace period in electronic form
Request for delayed examination
Revision of priority rights

2．Revisions to notea) PTA（compensation for the patent authorization period）
From June 1, 2021, by the Fourth Amendment of the China Patent Law, compensation for thepatent period (PTA) had been newly introduced. The revision of the Detailed Rules for theImplementation clarifies the procedure for filing, the deadline for filing, and the method ofcalculating the duration of the PTA and PTE.
b) Open Licensing System
From June 1, 2021, the Fourth Amendment to the China Patent Law newly introduced the openlicensing system. The revision of the Detailed Rules for the Implementation stipulates thedeadline for patentees to apply for an open licensing system, the specific contents of the openlicensing system declaration, and the exemption status of the open licensing system.
c) Introduction of partial design
On June 1, 2021, the Fourth Amendment to the China Patent Law determined that "partialdesigns" are subject to design patent protection. The revision of the Detailed Rules for theImplementation stipulates specific procedural details to indicate the drawings of the overall
product and the contents of the part to be protected when fling a partial design.
d) Examination of Inventive step for utility models
In addition to the examinations for lack of novelty for utility models, the revision of the Detailed
Rules for the Implementation has also introduced an examination for a clear lack of inventive
step.
e) Rewards and Remunerations
According to the China Patent Law, if the employer and the inventor or designer have not agreed
on the method and amount of remuneration stipulated in Article 15 of the China Patent Law, andhave no agreement following the law, the inventor or designer must be compensated accordingly.
As a result of the revision of the Detailed Rules for the Implementation, the minimum amountof incentive for inventions has been increased from 3,000 RMB or more to 4,000 RMB or more,
and the minimum amount of incentive for utility models and design patents has been increased
from 1,000 RMB or more to 1,500 RMB or more.

https://www.patents.jp/china/f) Domestic priority basis for a design
Previously, the domestic priority for designs was not allowed in China, but with this revision ofthe Detailed Rules for the Implementation, drawings of inventions or utility model applications
can be used as the basis for domestic priority in design patent applications. At the same time, byclaiming priority by the design patent applicant, the invention or utility model application onwhich the priority is based shall not be deemed to have been withdrawn.
g) Preliminary examination
In the previous preliminary examination procedure, after filing an appeal, a preliminary
examination was usually conducted by the former examiner, but the revision of theimplementation makes it more likely that the preliminary examination will be examined by adifferent examiner from the former examiner.
h) Change in delivery date (15 days) in case of electronic form
According to Article 4 (7) of the revised Detailed Rules for the Implementation, the notices
delivered in electronic form by the CNIPA shall be delivered on the date of entry into theelectronic system designated by the parties. In other words, if the office action is issued inelectronic form, the grace period of 15 days is canceled.
i) Request for delayed examination
Under the current patent law, the applicant must request a substantive examination within threeyears after filing an invention patent application, and if the applicant does not request anexamination after the deadline, the application will be deemed to have been withdrawn. On
August 30, 2023, the CNIPA promulgated the "Measures for Delayed Examination of Invention
Patent Applications” and introduced a system for delayed examinations. According to the revised
Detailed Rules for the Implementation, "the applicant can request a delayed examination of apatent application. Applicants can use this system depending on the needs of the productbusiness, and it is also possible to control the examination process.
j) Revisions of priority rights
A restoration of priority rights can be requested for a patent application for an invention or utility
model within two months from the expiration of the priority period, if there is a justifiable reason
for the domestic priority and the Paris priority.
A patent application for an invention or utility model application can add or amend priority rights
within 16 months from the priority date or within four months from the filing date.
In a patent application or utility model application, if part of the claims or specification is missingor incorrectly filed, and priority is claimed, an "amendment by citation of the previous
application on which the priority claim is based" may be made within two months from the filingdate or within the specified period. The first filing date shall be withheld.
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