On November 13, 2025, the China National Intellectual Property Administration (CNIPA) announced Decision No. 84, introducing amendments to the "Patent Examination Guidelines," which will take effect on January 1, 2026. These amendments include significant updates across several key areas of patent application and examination practices.
I. Examination Standards for Patent Applications Related to Artificial Intelligence
With the rapid development of artificial intelligence (AI) technologies, the CNIPA has updated the patent examination rules governing AI-related inventions. The amended Guidelines specifically state that invention patent applications containing algorithmic or business method features which violate laws or social ethics are ineligible for patent rights.
In assessing the inventiveness of AI technologies, the amended Guidelines highlight the necessity of substantial innovation in algorithmic processes or model parameters. If there is no such innovation, the invention will generally not be considered inventive, even if the application scenario differs.
II. Inventiveness for Invention and Utility Model Patent Applications
The new Guidelines stipulate that features that do not contribute to the solution of the technical problem, even if added to claims, generally will not influence the inventiveness of the technical solution. This ensures a clear distinction between the technical problem to be solved and the features introduced to address a lack of inventiveness, reinforcing the importance of relevant contributions in evaluating patents.
III. "Same-Day Dual Filing" Patent Filing Mechanism
The "Same-Day Dual Filing" mechanism allows applicants to submit both invention and utility model patent applications for the same invention on the same day. The amendments require applicants to abandon the utility model patent to secure the grant of the invention patent, thereby eliminating the previous option of amending claims to create distinctions between the applications. This change comes as the CNIPA has made strides in improving patent examination efficiency, significantly reducing the time for granting invention patents.
IV. Examination Standards for Patent Applications Related to Bitstreams
The amended Guidelines clarify that pure bitstreams do not qualify as patentable subject matter, stating that claims solely focused on bitstreams will be treated as rules and methods for intellectual activities, thus excluded from patent rights. Additionally, the guidelines outline drafting requirements for claims related to the storage and transmission of bitstreams, emphasising adherence to specific video encoding method that generates the bitstream.
V. Provisions on Biological Breeding
In clarifying the definition of "plant varieties," the amended Guidelines align with the Seed Law, which necessitates that plant varieties exhibit consistent morphological and biological characteristics. This amendment addresses previous ambiguities surrounding the definition of "plant varieties" related to patent rights, particularly concerning intermediate materials produced during the breeding process. Furthermore, the guidelines provide clarification regarding transgenic plants, focusing on the requirement that they exhibit consistent traits to be deemed as plant varieties.
VI. Amendments to Provisions on Reexamination and Invalidation Proceedings
Revisions include clarifying the composition of examination decisions and reinforcing the principle of double jeopardy, which aims to avoid contradictory outcomes in invalidation proceedings. The updated Guidelines emphasise that invalidation petitions must reflect the true intention of the petitioner to deter “straw man” tactics in litigation.
VII. Provisions on Preliminary Examination and Related Procedures
Changes concerning preliminary examinations outline the responsibilities associated with inventor disclosures, including a prohibition on false inventor claims and a requirement for complete and accurate information. They also detail priority claims in divisional applications to enhance procedural clarity.
In summary, these amendments seek to refine patent examination processes in China, promoting clarity and efficiency within the patent system while ensuring compliance with legal and ethical standards. Applicants must adapt to these new guidelines to successfully navigate the evolving landscape of Chinese intellectual property law.