Recent Updates From CNIPA For Patent Application and examination

Transcription

1 Recent Updates From CNIPA For Patent Application and examination Sep 2018 CHEN PEI

2 CONTENTS Main Progress of CNIPA in 2017 Key Figures of CNIPA in Patent Application and Examination 2

3 CONTENTS 01 Main Progress of CNIPA in

4 National IP Strategy National Key Reform Initiatives National Plans on 22 Key Aspects 25 Major Indicators for Evaluating Economic & Social Development General Scheme for Experimental Reform on Integrated IP Administration National IP Protection and Utilization Plan under the 13th Five Year Plan 12 valid patents per every ten thousand population 4

5 Main Progress in 2017 Promoting coordinated development of building IP powerful nation Strengthening IP Protection Perfecting IP laws and regulations Progress Boosting IP transformation and utilization Improving patent quality comprehensively Enhancing IP international cooperation 5

6 Main Progress of CNIPA in Promoting coordinated development of building IP powerful nation 2 Perfecting IP laws and regulations 3 Improving patent quality comprehensively 4 Strengthening IP Protection 5 Boosting IP transformation and utilization 6 Enhancing IP international cooperation 6

7 Main Progress of CNIPA in

8 CONTENTS 02 Key Figures of CNIPA in

9 Key Figures of CNIPA in invention patent applications, patents in force, PCT applications etc Million Patent Applications % Patent Concluded(10,000) 系列 22 Months 系列 Average Grant Period 5.1 (10,000) PCT Applications % Patents per 10,000 Inhabitants 系列 系列 1.36 Million total

10 Key Figures of CNIPA in Domestic and Foreign Invention Patent Applications Domestic Applications Foreign Applications [ 10000]

11 Key Figures of CNIPA in 2017 Top 10 Foreign Countries for Invention Patent Applications in 2017 Sweden, 1% UK, 2% Italy, 1% Others, 10% Netherlands, 2% Switzerland, 2% Japan, 30% France, 4% 13.6 Korea, 10% ( 10,000) 174 Countries & Regions Gemany, 11% USA, 27% 11

12 Key Figures of CNIPA in PCT Application Received [ 10000]

13 Key Figures of CNIPA in Invention Patents Granted by SIPO [10000 application] 42.0 Total Grants 32.7 Domestic Grants +8.2% 13

14 Key Figures of CNIPA in 2017 Examination Quality Assurance Manual User Satisfaction Survey on Examination in Examination quality assurance system and examination guidance system Revising Guideline for Patent Examination: business models computer programs :Very satisfied 80-85:Satisfied 70-80:Basically satisfied 60-70:OK

15 Key Figures of CNIPA in 2017 Improve IT systems supporting examination Examination Periods in (Unit:month) Develop multiple examination modes 22.6 Optimize examination resources Prioritization examination

16 CONTENTS 03 Patent Application and Examination 16

17 Patent Application and Examination Filing of an Application for Patent Phase of Preliminary Examination 18-month Publication or earlier publication requested by the applicant Request for Substantive Examination Phase of Substantive Examination Deemed as Withrdawn of Application Announcement Procedure Grant of Patent for Inventions; Procedures of Registraion and Announcement Rejection of Application Announcement Procedure Procedure of Administrative Review before a specialized division of SIPO Invalidation Procedure before Patent Reexamination Board Reexamination Procedure before Patent Reexamination Board Administrative Litigation against SIPO Administrative Litigation against SIPO Administrative Litigation against SIPO 17

18 Patent Application and Examination Utility Models and Designs Without Substantive Examination Substantive Examination For Invention Applications End Process: Grant Rejection Deemed withdrawn Withdrawn by applicants 18

19 Quality Examination Quality Management Organization Commissioner Deputy Commissioner Patent Examination Administration Department (PEAD) Quality Management Framework Quality Control, Examination Standards Setting, Quality Evaluation, Users Survey & External Feedback Quality Expert Group PECCs Mechanism Examination Departments (EDs) Mechanism PECCs Mechanism Chemistry Chemistry Chemistry 19

20 MEASURES OF PENDENCY MANAGEMENT Building Examiners Team Foundation of the Patent Examination Cooperation Center Examiners 2001 Beijing (until2018) Henan Beijing Tianjin Jiangsu Jiangsu Guangdong Sichuan Hubei 2012 Henan Guangdong Hubei Tianjin Sichuan 20

21 Priorities >Improve Examination Focus on Emerging technology Regular revising Guideline for Patent Examination Prioritization examination Examination system Quality Efficiency Examination quality assurance system and examination guidance system Multiple examination modes Optimize examination resources IT System Examiner With application of AI, big data in IT system Examiner in Emerging tech fields Compound talents Joint training program with enterprises and institutes

22 QMS based on PDCA Circle Plan Do Coordination and Communication in Office Level Act Check Internal External 22

23 Exam. Guidance Law Issues Exam. Guidance Group in Office Level Law Issues Exam. Depts. Problems PECCs Joint-Examination Exam. Divs. Exam. Divs. Joint-Examination Exam. Units Technical Issues Technical Expert Tank 23

24 Ability Certification Oral defense in Probation 24

25 Ability Improvement Search Ability Transverse Exchange on Search Since Cases Search Instruction Manual Since technical fields IP5 project Ability of Understanding and Applying Law Academic Forum Focusing on policy and law Irregularly held Case Sharing Examination Case Bank Issuing case set annually 25

26 Patent Examination Complaint Platform User Feedback Covering the whole process of patent exam The main types are examination pendency, examination opinion, flow affairs, etc. Complaints can be replied within 10 workdays,above 90% are replied within 5 workdays. 26

27 Examiner and Attorney Conference User Feedback According to different fields Holding annually Covering substantive exam., utility model, industrial design, preliminary exam., re-exam., invalidation. etc. Examiner Re-examiner Attorney 27

28 Highlights Exam Plan under the National 13 th Five Year Plan Latest Amendments of Examination Guideline Patent Quality Enhancing Project 28

29 Thank you!