Accelerated review of Chinese patent applications

The State Intellectual Property Office [SIPO] introduced a fast tracking system for the Chinese patent application review process.

The "Administrative Measures" [Chinese], issued on June 19, 2012, will take effect on August 1, 2012, allowing priority review of certain types of invention patents.

What type of application is eligible?

1. Important applications related to energy saving and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new materials, and new energy vehicles
2. Promote important applications of green technology development, such as technologies related to low carbon emissions and resource conservation;
3. The application for the same invention is first filed in China and then presented in other countries or regions; and
4. Other applications that primarily affect national or public interest and require priority review

Requests for priority review will be submitted in electronic form with a "Request for Priority Examination of Invention Patent Applications". It has been approved and approved by the branches of the local state IP offices of relevant provinces, autonomous regions and municipalities directly under the Central Government.

Applicants must also submit search and examination reports issued by patent examination authorities in other countries [such as the UK Intellectual Property Office or the European Patent Office]. Alternatively, applicable search reports that are issued by an accredited competent entity may be submitted. However, there is still a need to clarify what an recognized and capable entity is.

Upon receipt of the priority review request, the SIPO will review the application and notify the applicant of the result. This test is discretionary and the number of exams is determined by the ability of the test department.

From the date of the grant of the priority exam, the State Intellectual Property Office will issue the first exam report within 30 working days, and the applicant must respond to or correct any questions raised in the report within two months. The State Intellectual Property Office will close the case within one year from the date of approval of the request for review. However, if a response to the review comments is not received within two months of the first review report, the priority status of the application will cease and the application review will return to normal.

If the SIPO enters into a bilateral or multilateral agreement with the patent authority of the country containing the priority or acceleration procedure, such agreement is prioritized prior to the above plan. For example, the State Intellectual Property Office reached an agreement with many countries [Japan, Korea, USA, Germany, Russia] under the Pilot Patent Examination Highway [PPH] program.

The Priority Exam Program is designed to provide an accelerated review of eligible applications. If your patent application is awarded a priority exam, you must respond to the first exam report within a two-month period to maintain its priority.

In addition to China, other countries [such as the UK and Europe] also provide accelerated review, especially for applications related to green technologies.

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