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China Releases Interpretation of the Measures Regarding the Regulation of Patent Applications That May Prevent Some IP Holding Companies from Successfully Prosecuting Patent Applications Tuesday, April 6, 2021
To clarify the Measures, CNIPA on March 31, 2021 has released the
“Interpretation of the Measures Regarding the Regulation of Patent Applications” (《关于规范申请专利行为的办法》解读). The Interpretation clarifies the definition of irregular (or abnormal) patent applications; examination procedures for irregular patent applications; responding to a find of irregularity; and other measures. Of particular concern is item 3 below that may affect some IP holding companies by classifying their patent applications as irregular and CNIPA subsequently withdrawing them. The Interpretation also confirms that foreign-originated Chinese applications are subject to the Measures.