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Introduction to China's patent Prioritized Examination program

Data:2022-12-05Author:

Xin Chen


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The patent Prioritized Examination (PE) program in China is the main way to accelerate patent prosecution, besides the well-known Patent Prosecution Highway (PPH) pilot program. The PE program is also a choice to expedite the invalidation proceedings for a patent involved in an infringement dispute. Similarly to the PPH pilot program in China, the PE program has no official fees, and is even quicker than the PPH. For example, an invention patent application can get a final decision within 12 months from the approval of the PE petition. Therefore, the PE program is becoming an attractive option for applicants who desire quick patent protection.

However, the PE program is only applicable to cases that meet certain requirements. The China National Intellectual Property Administration (CNIPA) issued the Administrative Measures for Patent Prioritized Examination (“Measures”) on June 28, 2017, which came into effect on August 1, 2017. Below we will introduce the PE program in China based on the Measures and our up-to- date experiences.

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