Newly Amended China Patent Examination Guidelines on Computer-Implemented Inventions (CII), Effective February 1, 2020
The China National Intellectual Property Administration (CNIPA) formally announced on December 31, 2019 the newly amended Patent Examination Guidelines will come into effect on February 1, 2020. The Guidelines were amended to clarify the patentable subject matter in patent applications relating to CII.
The most important amendments are summarized below:
- Section 6 is added to Chapter 9 of Part II of the Guidelines, and regulates the examination of claims that include abstract features such as algorithm features or business method features.
- When examining a claim, abstract features such as algorithm features or business method features should not be simply separated from technical features. The claim should be examined as a whole to analyze aimed technical problems, utilized technical means, and achieved technical effects.
- If a claim merely includes abstract features without any technical features, the claim should be rejected as a rule or method of mental activity under Art. 25 of the Patent Law.
- If a claim includes any technical features besides abstract features such as algorithm features or business method features, and as a whole does not constitute a rule or method of mental activity, the claim should not