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国家知识产权局公布关于修改《专利审查指南》的决定
Yang Shi Xin Wen· 2025-11-13 13:10
记者今天了解到,国家知识产权局公布关于修改《专利审查指南》的决定。自2026年1月1日起施行。 据了解,本次修改坚持需求导向,聚焦完善新领域新业态专利审查标准,针对审查实践中亟待解决且意 见较为成熟一致的内容予以完善。 (一)健全新领域新业态的保护制度,进一步激励产业创新 (三)固化审查实践中的成熟做法,更好服务创新主体 一是明确按需审查理念和快速审查相关规定,满足创新主体实际需求。二是明确分案申请未声明优先权 时相关审查规则,保障分案申请人要求优先权的权利。三是明确优先权转让证明文件提交要求,便于申 请人理解审查标准。 (文章来源:央视新闻) 一是明确植物品种定义,扩大专利可授权客体范围,与植物新品种制度形成合理有效衔接,加强种业知 识产权保护。二是增加对人工智能伦理的考虑和判断,给出创造性审查示例,明确申请文件撰写要求, 适应人工智能技术发展需求。三是增加比特流专利申请审查专门规定,明确可授予专利权的情形,顺应 流媒体产业快速发展的新形势。 (二)针对审查实践中亟待解决的问题,优化审查标准和规则 一是完善同日申请处理方式,仅允许通过放弃实用新型专利权的方式获得发明专利授权,回归立法本 意。二是根据创造性条 ...
聊城召开“助企攀登”审查员实践活动总结会
Sou Hu Cai Jing· 2025-09-29 22:16
Core Insights - The meeting held on September 26 focused on the "Assist Enterprises Climb" initiative, highlighting the collaboration between patent examiners and local businesses [1][3] Group 1: Meeting Overview - The meeting was chaired by Zhang Ying, the director of the Municipal Intellectual Property Development Center, and included participation from four patent examiners from the National Intellectual Property Administration's Patent Examination Cooperation Center in Henan [1] - Representatives from companies such as Norbert Intelligent Equipment Co., Ltd. and Shandong Pacific Fiber Optic Cable Co., Ltd. praised the examiners for their guidance and support during their practice period [3] Group 2: Examiner Contributions - The examiners conducted targeted training based on the specific needs of the enterprises, provided suggestions for existing patent layouts and patent mining, and addressed technical challenges through micro-navigation work [3] - The two-week practical activity allowed examiners to gain a concrete understanding of the enterprises' R&D environments and patent expression strategies, which will enhance their ability to accurately assess technical boundaries and improve examination quality [3] Group 3: Impact on Enterprises - The practical activity trained relevant personnel, resolved doubts, and addressed real issues, establishing a communication bridge between examiners and enterprises [3] - This initiative promotes a positive interaction between patent examination services and local enterprise innovation, advancing the knowledge property work of the enterprises to a new level [3]
康信视点 | 互联网数据库中,文献公开日的认定
Sou Hu Cai Jing· 2025-08-15 03:47
Core Points - The article discusses the definition of "prior art" in patent law, emphasizing the importance of the application date as the cutoff for what constitutes prior art [1][2][3] - It highlights the challenges in determining the actual publication date of documents cited in patent examination, particularly when dealing with traditional journals and online databases [4][6] - The article provides a case study where a patent application was rejected based on a cited document's publication date, illustrating the complexities involved in establishing the true date of public disclosure [5][6][14] Summary by Sections Definition of Prior Art - Prior art is defined as technology known to the public before the patent application date, encompassing time, geographic, and publication methods [1][2][3] Challenges in Publication Date Determination - The article outlines the difficulties in accurately determining the publication date of documents, especially when the dates from online databases differ from the actual print publication dates [4][6][7] - It emphasizes the need for clarity between "publication date" and "web release date," as they can represent different timeframes [8][9] Case Study Analysis - A specific case involving Applicant A is presented, where a cited document's publication date was misinterpreted, leading to a rejection based on perceived lack of novelty [6][12][13] - The article argues that the actual public disclosure date should be considered based on the print publication date rather than the online database's recorded date [13][14] Recommendations for Patent Applicants - It advises patent applicants to file their applications before any public disclosure of their work to maintain patentability and suggests allowing buffer time for potential examination adjustments [14][15] - The article stresses the importance of gathering evidence and understanding publication policies to effectively challenge any misinterpretations during the patent examination process [15]
中国创新服务能力日益增强(锐财经)
Ren Min Ri Bao Hai Wai Ban· 2025-07-01 22:47
Core Points - The article highlights the significant growth in China's intellectual property landscape, with the number of valid invention patents reaching 4.97 million by May this year, establishing China as a major patent powerhouse [10] - The National Intellectual Property Administration (NIPA) is enhancing patent examination efficiency and quality, with a reported accuracy rate of 95.1% for invention patent examinations by Q1 2025 [3][4] - There is a strong emphasis on the transformation of innovative achievements into practical productivity, with successful collaborations between universities and enterprises leading to high-value patents [7] Group 1: Patent Growth and Innovation - As of May this year, China has 4.97 million valid invention patents, showcasing its status as a leading patent nation [10] - Various innovation entities, including universities and companies, are demonstrating robust creativity, contributing to the development of new productive forces [2] - The NIPA has reported a 37.5% year-on-year increase in patent applications entering examination through protection centers, totaling 109,000 applications from January to May [6] Group 2: Patent Examination Efficiency - The NIPA has conducted 84,000 priority examinations and 116,000 rapid examinations from January to May this year, enhancing the core competitiveness of industries [3] - The NIPA aims to improve the quality of patent examination by increasing the sample size for social satisfaction surveys regarding examination quality [3][4] - The introduction of artificial intelligence in patent examination processes is being explored to further enhance efficiency and quality [4] Group 3: Intellectual Property Protection - China has established 77 national-level intellectual property protection centers across 29 provinces, covering 80% of national high-tech industrial development zones [5] - These centers provide rapid pre-examination, confirmation, and rights protection services to 172,000 registered entities [5] - The centers have handled 38,000 intellectual property rights cases with an average resolution time of under two weeks from January to May [6] Group 4: Effective Transformation of Innovations - Successful collaborations, such as the one between Nantong University and related enterprises, have led to the development of over ten high-value patents, significantly improving road material durability and reducing costs [7] - The patent agency sector, with over 6,231 agencies and 41,026 registered patent agents, has a high patent agency rate exceeding 94% for invention patents [7] - The NIPA is committed to enhancing the service chain for innovation entities, providing high-quality and efficient intellectual property agency services [8]
497万、8.4万、11.6万……专利审查从“统一节奏”向“精准供给”转变
Yang Shi Wang· 2025-06-28 04:49
Core Viewpoint - The National Intellectual Property Administration (NIPA) aims to increase the number of valid invention patents in China to 4.97 million by May 2025, focusing on quality over quantity in patent management and evaluation [1][3]. Group 1: Policy and Management - NIPA will enhance policy guidance through assessment, evaluation, and funding to optimize patent-related indicators across regions [1]. - NIPA collaborates with relevant departments to encourage enterprises, universities, hospitals, and research institutions to adjust internal patent management systems and evaluation criteria, moving away from solely quantitative metrics [3][5]. - The introduction of a pre-evaluation system centered on industrialization prospects aims to improve the quality of patent applications [3]. Group 2: Patent Examination Efficiency - NIPA is implementing various examination models, including prioritized, expedited, delayed, and centralized reviews, to enhance examination quality [6]. - From January to May 2025, NIPA conducted 84,000 prioritized examinations, 116,000 expedited examinations, and over 9,300 delayed examinations, granting patents that strengthen core industry competitiveness and promote industrial transformation [8]. Group 3: Quality in Patent Services - NIPA is shifting the focus of patent agency services from price competition to quality competition, promoting a "quality over price" approach [10]. - The government procurement standards for patent and trademark agency services emphasize higher evaluation weights for service content and quality, reducing the emphasis on price to avoid low-cost-only bidding [12]. - NIPA has issued model contracts and guidelines for patent agency services to standardize practices and ensure equitable rights and obligations for both parties [13]. Group 4: Regional Development and Talent Cultivation - To promote balanced development of intellectual property services across regions, NIPA is organizing collaborative support between eastern provinces and 15 western, northeastern regions, including Xinjiang Production and Construction Corps, to train 1,000 intellectual property agents by March 2025 [13].
新华全媒+丨我国知识产权保护社会满意度再创新高
Xin Hua She· 2025-04-24 13:40
Group 1 - The core viewpoint emphasizes that innovation is the primary driving force for development, and protecting intellectual property (IP) is essential for safeguarding innovation [1] - In 2024, the satisfaction rate for IP protection in society is projected to reach 82.36 points, marking a new high [1] - The National Intellectual Property Administration (NIPA) reported that in 2024, market regulatory authorities handled 44,000 IP infringement cases, while 72,000 patent infringement administrative cases were processed [1] Group 2 - The average examination period for invention patents has been reduced to 15.5 months, achieving the fastest level internationally under similar examination systems [1] - The accuracy rate for invention patent examination cases reached 95.2%, with user satisfaction for patent examination quality increasing to 86.8 [1] - In 2024, NIPA will enhance IP protection for private enterprises by actively addressing their needs, efficiently resolving disputes, and supporting their high-quality development [1] Group 3 - In 2025, NIPA plans to implement systematic measures to further strengthen IP protection, including accelerating the revision of trademark laws and regulations for integrated circuit layout design [2] - The Central Propaganda Department's Copyright Management Bureau will enhance law enforcement supervision and guide local enforcement agencies in copyright enforcement efforts [2] - A focus will be placed on major case investigations and special governance in key industries, with initiatives like "Sword Net 2025" aimed at optimizing the business environment [2]