The revised Implementation Rules of the Patent Law of the People's Republic of China (the "Rules") and the accompanying Patent Examination Guidelines (the "Guidelines") have introduced a new system for the restoration of priority rights and the increase or correction of priority claims, effective January 20, 2024. These new provisions align China's patent practice with international standards, particularly those of the Patent Cooperation Treaty (PCT).

Restoration of Priority Rights

· Conditions:

o A priority claim must be made within 12 months of the first filing date.

o If the 12-month deadline is missed due to justifiable reasons, a request for restoration of priority can be made within 2 months of the deadline's expiration.

· National Applications:

o A request for restoration of priority can be made within 2 months of the 12-month deadline's expiration for a subsequent application filed after the 12-month period.

o This requires submitting a priority claim statement, requesting restoration within the prescribed timeframe, paying the required fee, and providing necessary documentation.

· PCT National Phase Applications:

o If priority was restored in the international phase, no further restoration is needed in the national phase.

o If priority was not restored or the request was denied in the international phase, a request for restoration can be made within 2 months of entering the national phase.

Increase or Correction of Priority Claims

· Conditions:

o Applicants for invention or utility model patents who have already claimed priority can request to increase or correct the priority claim within 16 months from the priority date or within 4 months from the application filing date.

o At least one priority claim must be made initially.

o The request must be made within the prescribed timeframe, accompanied by the required fee and necessary documentation.

· Examination and Notification:

o If the request does not meet the requirements, the applicant may receive a notice to rectify the issues or a notice of rejection.

· Remedies:

o Applicants who disagree with the notice can file an administrative reconsideration application with the China National Intellectual Property Administration (CNIPA) within 60 days or a lawsuit with the Beijing Intellectual Property Court within 6 months.

Additional Considerations:

· The restoration of priority provisions do not apply to the increase or correction of priority claims.

· The provisions on restoration of priority and increase or correction of priority claims do not apply to the "Invoking Addition" provisions.

For detailed information, please refer to the "Guidelines on the Restoration of Priority and the Increase or Correction of Priority Claims."