China’s National Intellectual Property Administration Published Guidelines for Delayed Examination of Invention Patent Applications
The Guidelines for Delayed Examination of Invention Patent Applications were published on August 30, 2023, by China’s National Intellectual Property Administration (CNIPA). Delayed examination might have a number of advantages, such as postponing the payment of prosecution-related fees (such as legal fees) and perhaps enabling the development of claims for more comprehensive readings of products that are developed after the original submission of a patent application. Since China often does not permit extended chains of divisions like the United States, the latter may be especially helpful. Though the Guidelines do not state the impact of delayed examination on Patent Term Adjustment (PTA), it is safe to assume that delayed examination will reduce PTA.
The following advantages come from delayed examination of a patent application for an invention:
- Increasing economic costs and time to join the market by interfering with rivals’ R&D in related sectors through the outstanding claims in the innovation patent application with several potential changes.
- There is a possibility to adaptively adjust the protective scope of the claims and benchmark against pertinent standards when developing international standards, national standards, industry standards, etc.
- Have the chance to benefit from the ease of the most recent examination policies, including those about supplemental experimental data, computer-related storage media, protection of computer program products, etc.
- Take into account the product’s life cycle and changes in the market environment while deciding whether to continue the patent examination procedure.
- The timing of obtaining patent rights is better coordinated with the market-oriented operation of patents.
A request for delayed examination must be filed one, two, or three years before the effective date of the delayed term for an inventive patent application. The request for a delayed examination of an application for an inventive patent takes effect on the same day as the request for a substantive examination does.
Applications for inventive patents can acquire a delay of up to 6 years from the priority date by combining the delay of examination and the delay of the request for substantive examination strategies.
The patent application won’t be delivered to the examiner right away when the delay period expires; instead, it will remain pending in order depending on the date that the time expired.
The applicant will be informed in the notification of entering the substantive examination stage that the delayed examination does not need to be reviewed and will automatically take effect when the substantive examination does.
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