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Decision of SIPO On The Amendments of Guidelines for Patent Examination (2013)

The SIPO has decided to make the following amendments to the GUIDELINES FOR PATENT EXAMINATION:

The Chapter 2, Section 11 of Part I is revised to:

11. Examination in Accordance with Article 22.2

In the preliminary examination, the examiner shall examine whether an utility model application obviously lacks of novelty, and may examine whether an utility model application obviously lacks of novelty based on the obtained information of related prior art or conflicting applications.

Where an utility model application might concern an abnormal application, such as an application obviously plagiarizing prior art or with repeatedly-submitted substantially identical content, the examiner shall examine whether the utility model application obviously lacks of novelty based on the prior art document obtained through search or information obtained through other approaches.

With regard to the examination on novelty, the provisions of Chapter 3 of Part II of the present Guidelines shall apply.