In 2026, the China National Intellectual Property Administration (CNIPA) released a revised version of the Patent Examination Guidelines. While some changes are structural and technical, several updates may directly affect how foreign applicants prepare and file their patent applications in China.
This article summarizes the main points that are most relevant to overseas applicants and shares some practical observations based on day-to-day prosecution experience.
1. More Clarification on Inventiveness Assessment
One noticeable update is the refinement of how inventiveness is evaluated, especially in cases involving algorithm-related inventions, software solutions, and business-related technical features.
In practice, inventiveness objections in China often focus heavily on whether a feature makes a technical contribution to the solution of a technical problem. The revised Guidelines provide more structured explanations on:
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