CNIPA Updates Examination Guidelines: Key Process Changes For 2026

As a global innovator or IP firm navigating China's patent landscape, stay ahead with the latest revisions to China's Patent Examination Guidelines—set to take effect on January 1, 2026. Issued via China National Intellectual Property Administration (CNIPA) Order No. 84, these updates streamline procedures, clarify requirements, and optimize cost structures. Below is a concise breakdown of critical process changes impacting international applicants and their representatives:

Inventor & Applicant Information Requirements

• Inventor Eligibility: Confirmed that inventors must be natural persons (no entities, collectives, or AI designations like "XX Research Group"). All inventors' identity information must be truthfully disclosed in the application.
• Agent Duties: Patent agencies are now legally required to verify the authenticity of applicants' identity information and contact details. Agencies/agents filing patents or invalidation requests in their own names will be penalized per the Patent Agency Regulations.

Priority & Divisional Application Rules

• Divisional Priority: If a parent application claims priority but the divisional application fails to declare it, the divisional is deemed to have waived priority (CNIPA will issue a formal notice).

Dual Filing (Utility Model + Invention)

For same-day filings of identical creations as both utility model and invention patents:

• Mandatory disclosure of the parallel application at filing; failure triggers rejection under the "one invention, one patent" rule.
• If the invention is allowable, applicants must waive the utility model patent (via written declaration) to receive the invention grant. Non-compliance or late response results in invention application rejection.

Fee & Refund Adjustments

• Reduced Costs: Nucleotide/amino acid sequence listings (regardless of length) are no longer counted toward page-based surcharges (previously capped at 400 pages).
• Application Surcharges: Computer-readable sequence tables (in standard format) are excluded from page counts for calculating surcharges (applied when specifications exceed 30 pages or claims exceed 10 items).
• Refund Expansion: New refund scenarios include:

50% of substantive examination fees for voluntarily withdrawn invention applications (before first OA response deadline, no response submitted).

Fees paid after patent termination or full invalidation.

Overpayments, duplicate payments, or misclassified payments.

Invalidation Procedure Updates

• Prohibited Re-filings: No acceptance of invalidation requests using the same/substantially similar grounds/evidence as a previously decided case (except unconsidered grounds/evidence due to time limits).
• Genuine Requests: Invalidation petitions not reflecting the requester's true intent will be rejected.
• Amendment Standards: Patent owners amending claims must submit full replacement pages and comparison tables; only the final submission in a proceeding will be considered.
• Document & Decision Standards
• Patent Certificates: For PCT or divisional applications, certificates will reflect inventor/applicant information as of national phase entry or divisional filing date.
• Review Decisions: The "simplified/omitted grounds" provision for revocation-of-rejection review decisions is removed—all decisions must include complete reasoning.

Action Items for International Stakeholders:

1. Update internal filing templates to capture full inventor identity details.
2. Collaborate with Chinese agents to verify applicant information and ensure dual-filing disclosures.
3. Adjust cost projections to account for sequence listing fee reductions.
4. Align invalidation strategies with new re-filing restrictions and amendment rules.

These revisions reinforce China's commitment to efficient, transparent IP administration while aligning with global best practices. For tailored guidance on adapting your patent strategy, engage with experienced Chinese IP professionals to navigate the updated framework seamlessly.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.