国家知识产权局公布关于修改《专利审查指南》的决定

Core Viewpoint - The National Intellectual Property Administration has announced modifications to the Patent Examination Guidelines, effective from January 1, 2026, focusing on improving patent examination standards for new fields and industries [1] Group 1: Enhancing Protection for New Fields and Industries - The definition of plant varieties will be clarified, expanding the scope of patentable subjects and strengthening intellectual property protection in the seed industry [2] - Consideration of artificial intelligence ethics will be included, providing examples for creative examination and clarifying application document requirements to meet the needs of AI technology development [2] - Specific regulations for the examination of bitstream patent applications will be added, clarifying the circumstances under which patent rights can be granted, in response to the rapid development of the streaming media industry [2] Group 2: Optimizing Examination Standards and Rules - The handling of same-day applications will be improved, allowing for the acquisition of invention patent authorization only by waiving utility model patent rights, returning to the legislative intent [3] - Clarification of characteristics that do not contribute to solving technical problems in claims, which typically do not confer creativity, will enhance examination efficiency and improve patent application quality [3] - Requests for invalidation that do not reflect the true intent of the requester will not be accepted, regulating malicious invalidation behaviors [3] Group 3: Solidifying Mature Practices in Examination - The concept of need-based examination and related rapid examination regulations will be clarified to meet the actual needs of innovative entities [4] - Examination rules for divisional applications without declared priority will be specified, ensuring the rights of divisional applicants to claim priority [4] - Requirements for submitting proof of priority transfer will be clarified, facilitating applicants' understanding of examination standards [4]