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4 August 2026

China Publishes Revised Patent Priority Examination Measures

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On 30 July 2026, the China National Intellectual Property Administration (CNIPA) published the revised Measures for Priority Examination of Patent Applications, which will take effect on 1 September 2026. The current version in force, published in 2017, will be repealed on the same date.
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       On 30 July 2026, the China National Intellectual Property Administration (CNIPA) published the revised Measures for Priority Examination of Patent Applications, which will take effect on 1 September 2026. The current version in force, published in 2017, will be repealed on the same date.

The revised Measures consist of 24 articles across six chapters, covering general provisions, eligibility criteria, filing of requests, examination procedures, supervision, and supplementary provisions. The key changes are summarized below.

  1. Updated eligibility criteria to align with national innovation priorities

The revised Measures focus on high-quality patent applications in emerging and future-oriented industries, including sectors such as new energy, AI, biotech, and advanced manufacturing. The scope of priority examination has also been updated to reflect the latest amendments to the Patent Law and its Implementing Regulations, as well as current examination practices. New provisions clearly define the circumstances under which a priority request will not be granted.

  1. Enhanced quality control and streamlined administration

At the administrative level, the revised Measures strengthen coordination between central and local IP authorities, requiring provincial offices to take a more active role in managing applicants and providing tailored support. It also introduces a quota-based allocation system for priority examination slots, with incentives and penalties to encourage quality over quantity.

In terms of examination procedure, the new rules clarify the workflow at each stage (filing, review, and substantive examination) to improve both efficiency and consistency. At the source level, greater emphasis is placed on the technological and commercial value of the underlying invention. Patent agents are now required to provide stronger service support, helping to ensure the quality of priority examination cases. A new penalty mechanism has also been introduced for violations of good‑faith principles, reinforcing quality standards.

  1. Simplified procedures and better user experience

For applicants, the revised Measures reduce documentary burdens by clarifying the requirements for prior art submissions. Priority examination remains free of charge. In response to practical feedback from applicants and practitioners, the new rules also incorporate a number of procedural optimizations to make the process smoother and more predictable.

Overall, the revised Measures aim to provide a faster, fairer, and more transparent pathway for applicants whose inventions align with national innovation goals, while maintaining high quality standards throughout the examination process.

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.

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