A Detailed Examination of China’s Amended Patent Act Implementing Regulations and Patent Examination Guidelines

Abstract In December 2023, the State Council and the China National Intellectual Property Administration (CNIPA) amended two important pieces of secondary patent law. One is the Patent Act Implementing Regulations, which provide detailed guidance on the Patent Act’s provisions on patent prosecution, the China-specific peculiar administrative enforcement and other issues. The second is the Patent Examination Guidelines, which instruct patent examiners on examination, reexamination, invalidation, and other matters to be dealt with by the CNIPA. The amendments, which entered into force on 1 January 2024, made the two provisions compliant with the current version of the Patent Act after its fourth amendment of 2020. This article will outline the most important aspects of the amendments.