The recent revisions to China’s Patent Examination Guidelines, particularly those concerning the assessment of inventiveness, mark a significant shift in examination practice. These updates clarify and reinforce how patent claims are evaluated, with direct implications for how applications should be drafted and prosecuted.
A central change is the clarified principle that inventiveness must be assessed based on the technical solution defined by the claims as a whole. This moves the focus away from examining isolated technical features. For practitioners, this underscores the importance of drafting claims that present a coherent and integrated solution to a specific technical problem. Each element in an independent claim should play a necessary role in solving that problem. The strategic emphasis should be on how features combine to produce a synergistic effect, rather than merely listing individual components. Core inventive aspects—especially those yielding unexpected technical effects or demonstrating the overcoming of technical prejudice—must be prominently and precisely captured within the claims.
Furthermore, the amendments explicitly state that any technical feature constituting the invention's contribution to the prior art must be included in the claims. Contributions described only in the specification will not be considered during inventiveness evaluation. This elevates the legal primacy of the claims and requires a more disciplined drafting approach. It necessitates a clear delineation within the claims of what truly advances the art, moving beyond any reliance on the specification to fill gaps in claim language.
For agents responding to office actions, the guidance is clear: arguments should demonstrate why the overall claimed solution is non-obvious. The focus should be on explaining the inventive concept embodied in the combination of features, even if some of those features are known individually.
These amendments promote greater clarity, rigor, and consistency in examination. They encourage higher-quality patent drafting that clearly and concisely defines the invention's technical contribution. For the industry, this shift represents an opportunity for reputable firms to distinguish themselves through expertise in constructing robust, strategy-aligned patent portfolios, thereby supporting a broader transition toward quality-driven practice in the field.
More information: Updated China Patent Examination Guidelines to Take Effect on January 1, 2026
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