New rules! The eight Criteria for Determining Abnormal Patent applications | The State Knowledge Administration promulgated the Provisions on Regulating Patent Applications (2023), which will come into force on January 20, 2024!


Release Time:

2023-12-21

The State Intellectual Property Office (SIPO) recently announced the Provisions on Regulating Patent Application, which will come into effect on January 20, 2024.

Article 3 The term "abnormal application for patent" as mentioned in these Provisions includes:

(1) The invention-creation contents of multiple patent applications are obviously the same, or are essentially formed by a simple combination of different invention-creation features and elements;

(2) Fabricating, forging or altering the contents of the invention-creation, experimental data or technical effects, or plagiarizing, simply substituting or piecing together the prior art or existing design, or similar circumstances exist in the filed patent application;

(3) The contents of the invention-creation for which the patent application is filed are mainly randomly generated using computer technology;

(4) The invention-creation for which the patent application is filed is obviously inconsistent with technical improvement or design common sense, or becomes inferior, piled up, or the scope of protection is unnecessarily reduced;

(5) The applicant has no actual research and development activities to submit multiple patent applications, and can not make a reasonable explanation;

(6) Maliciously disperse, successively or in different places, multiple patent applications that are substantially associated with specific units, individuals or addresses;

(7) Transferring or accepting the right to apply for a patent for an improper purpose, or falsely changing the inventor or designer;

(8) Other abnormal patent application acts that violate the principle of good faith and disrupt the normal order of patent work.

👉 The Provisions on Regulating the Application for Patent👈, which have been deliberated and adopted by the Executive Meeting of the State Intellectual Property Office, are hereby promulgated and will take effect on January 20, 2024.

                                                                                                                                               

Director: Shen Changyu

December 21, 2023

Related links:The updated version of the Patent Examination Guidelines issued by the State Knowledge Administration will take effect on January 20, 2024 👈

The Decision of The State Council on Amending the Implementation Rules of the Patent Law of the People's Republic of China shall come into force on January 20, 2024. 👈

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