In order to further improve the quality and efficiency of patent examination, as well as providing efficient and convenient examination services for the public, the National Intellectual Property Administration recently announced the plan to adjust handling methods and examination rules on patents. The details are as follows: 

1. Situations where patent agency shall be entrusted 

From January 11, 2023 on, foreigners, foreign enterprises or other foreign organizations who have no habitual residence or business office in mainland China shall entrust patent agencies to apply for patents alone or as representatives. If there is no entrustment, the application will not be accepted. 

Individuals, enterprises or other organizations in Hong Kong, Macao or Taiwan regions that have no habitual residence or business office in the mainland China shall entrust a patent agency to apply for a patent alone or as a representative. If no patent agency is entrusted, the application will not be accepted. 

2. On submission of administrative review of patents

From January 11, 2023 on, the parties (including the applicant for administrative review and the third party) can submit the application for administrative review and various documents in electronic form. The application for administrative review can be submitted through the "formalities" module of the patents handling system, and the applicant for administrative review and the third party can submit the opinion statement (about administrative review) and other documents through the "opinion statement correction" module of the patents handling system. 

3. On submission of citation declaration when PCT international application enters China's national stage 

From January 11, 2023 on, for PCT international application containing items or parts cited during the international stage, when the applicant goes through the formalities of entering the national stage by electronic means, he/she shall submit a statement of opinion at the same time when submitting the statement of international application entering China's national stage. The statement of opinion should state: 

(1) Whether the submitted Chinese translation contains the cited items or parts; 

(2) Where the translation contains the cited items or parts, upon amending the application date in relevance to China, one shall indicate the position of the cited items or parts in the specification (page), claims (page) and drawings (page), as well as the time when the citation is submitted in the international stage. 

If the applicant did not request a modification of the application date in relevance to China, when going through the formalities for entering the national stage, the invocation of the entry item or part may no longer be retained in the subsequent procedure by requesting a modification of the application date in relevance to China. 

4. Online payment methods 

From January 26, 2023 on, when paying fees through online methods, the parties can use bank cards, WeChat, Alipay or corporate accounts to pay the fees free of service charge. 

5. Seal of notifications and decisions in electronic form

From January 26, 2023 on, the notices and decisions issued by the National Intellectual Property Administration in electronic form shall bear electronic seals. Electronic signature services will no longer be available.