Implementing Regulations of the Patent Law of the People's Republic of China, which took effect on January 20, 2024, newly introduced incorporation by reference in Rule 45. According to the rule, where the claims, specification, or a part of the claims or specification of an invention or a utility model patent application is omitted or incorrectly submitted, but the applicant has claimed a right of priority on the date of filing the application, he or she or it may, within two months from the date of filing the application or within the time limit designated by the patent administration department under the State Council, make a supplementary submission by referencing the earlier application documents. If the supplementary documents comply with the relevant provisions, the date of submission of the documents submitted for the first time shall be the date of filing.
To further illustrate the practices and the application of this new mechanism, the CNIPA published a Guide on Application of Incorporation by Reference for Invention and Utility Model Patent Applications yesterday. The Guide introduces the background, procedures, and typical cases of the mechanism to guide innovative entities to correctly understand and apply the mechanism and to better protect applicants’ legal rights and interests.
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