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In an effort to better carry out the review on inventiveness of utility models and improve the granting standards, the National Intellectual Property Administration proposed in its recent reply to the National People's Congress to put obvious lack of inventiveness into of examination norms of utility models.
Currently China adopts the system of "preliminary examination + evaluation report" in examination of utility models. During the preliminary examination, the examiner may determine whether there is an obvious lack of inventiveness in the application for a patent for utility model according to the information obtained from the prior art or the conflicting application. In order to further improve the granting standards for utility models, the CNIPA will actively promote the reform of the utility model system. In the revised draft of the Implementing Regulations of the Patent Law, the obvious lack of inventiveness will be considered in the preliminary examination of utility models, and the Patent Examination Guide will be revised to further refine and improve the relevant examination standards.
The CNIPA will continue to promote the concept renewal, technological innovation and operative innovation of patent examination, sticking closely to the nation’s demand and user’s satisfaction to constantly improve the examination standards, optimize the examination mode, strengthen the examination capacity, increase the investigation and disposal of abnormal patent applications, and provide stronger support for innovation-driven development.