The SIPO issued the newly guidelines for Patent examination
发布时间：2017.03.31
The newly guidelines for Patent examination was issued by the SIPO on February 28th, which will effect from April 1st, 2017.
The main points in the amendments are as follows.
(1) The protection of business models
Business models should not be excluded from the possibility of being granted for patent rights under Article 25 of Patent Law if it contains both the content of business rules and methods and the technical feature.
(2) Computer program patent
The computer programs themselves is different from the invention relating to computer programs, and the claims could include not only hardware but also programs. The term “function model” in Paragraph 2 Section 5.2 was amended into “program model”.
(3) Experimental data submitted after the date of filing can be accepted
(4) Review of the invalidation request
It is permissible to include in the claims one or more of the technical features specified in the other claims to narrow the scope of protection and to allow corrections for obvious errors in the claims.
Where the petitioner raises additional causes for invalidation against claims amended in a manner other than deletion by the patentee, he shall raise additional causes for invalidation against the amendment only.
(5) Files relating to the substantive examination can be allowed for consultation and photocopying
(6) Suspension due to execution assistance of property preservation
Where the people’s court requests the Patent Office to assist in the implementation of the property preservation and the execution of the suspension procedure, the Patent Office shall suspend the procedure in accordance with the time limit for the property preservation as specified in the civil written order and in the execution assisting notice.