Five types of patent applications such as new energy vehicles can be given priority

On December 16, the Chinese government’s legal information network announced the “Administrative Measures for Priority Review of Patent Applications (Draft for Soliciting Opinions)”. According to the Exposure Draft, five categories of patent applications are subject to priority review, and the State Intellectual Property Office may advance and expedite processing in the review process based on the applicant’s request or ex officio.

The five types of patent applications for priority review mainly include: important patent applications related to energy-saving and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles and other emerging industries core technologies; involving low-carbon technologies, Important patent applications that contribute to green development such as resource conservation; important patent applications in major national science and technology projects; first applications for patent applications filed by patent examiners in other countries or regions; and other patent applications that require priority review.

The draft of the Opinions stipulates that the number of patent applications for priority review shall be determined by the State Intellectual Property Office according to the examination capabilities of different professional and technical fields, the amount of patent grants of the previous year, and the amount of pending patents. The patent application requesting priority review should be an electronic application for applying for a Chinese patent. Requests for priority examination of invention patents shall start substantive examination procedures.