China’s expedited patent examination system: what it means for rights holders
08 August 2012
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Peter Leung, Hong Kong
China’s new rules on expedited patents came into force earlier this month. So how can rights holders make the most of the new system?
The country’s new priority examination system, which went live on August 1, allows applicants to request speedier examination for inventions in various fields, including so-called green technologies, new-generation information technology and high-end manufacturing. Patents filed in China before other countries or deemed in the public or national interest can also be fast tracked.
Applicants must file their application electronically and submit an “Application for Prioritised Patent Examination” endorsed by a SIPO branch at the provincial level. The applicant must also request a substantive examination and submit a patent search report issued by a qualified entity or a translation of a search report with results issued by another country’s patent office.
One reason for the new programme may be that China wanted to counter criticism from some IP owners that SIPO examined applications from domestic IP owners faster.
British inventor James Dyson, one of the most vocal critics, has...
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