The amended Patent Examination Guidelines are now in effect. As of January 1, 2026, applicants pursuing simultaneous utility model and invention patent applications for the same invention-creation on the same day must adhere to the newly clarified procedural obligations to ensure compliance and secure optimal protection.
On November 10, 2025, the China National Intellectual Property Administration (CNIPA) issued Order No. 84, enacting significant revisions to the Patent Examination Guidelines. Among the key changes are updated provisions governing cases where one applicant files both a utility model and an invention patent application for the same invention-creation on the same date—commonly known as "same-day dual filing."
Summary of Key Amendments
The revisions primarily refine Section 6.2.2, "Handling of One Patent Application and One Patent Right," in Part Two, Chapter 3 of the Guidelines. Under Article 47 of the Implementing Regulations of the Patent Law, applicants must now explicitly declare the dual filing in each application at the time of submission.
If a declaration is not made, the application will be processed according to Article 9(1) of the Patent Law, which prohibits granting more than one patent for the same invention-creation.
If a declaration is provided, and the invention application meets all patentability requirements without grounds for rejection, CNIPA will notify the applicant to formally abandon the utility model patent right. Failure to comply results in rejection of the invention application, and lack of response within the stipulated period is deemed a withdrawal.
Additionally, previous provisions allowing authorization through post-filing amendments to invention applications under this route have been removed.
Professional Insights & Strategic Implications
The "same-day dual filing" mechanism has long served as an exception to the principle against double patenting. These amendments reinforce procedural rigor, requiring applicants to clearly indicate dual filings upfront. This enables timely public disclosure, informs examiners during substantive review, and helps prevent inadvertent duplicate grants.
For applicants:
1. Declare at filing: Explicitly state the dual filing in both applications to avoid rejection under Article 9(1).
2. Prepare for abandonment: Upon successful examination of the invention application, be ready to formally abandon the utility model patent right as a prerequisite to grant.
These changes align with China’s ongoing shift toward higher-quality patent filings and reinforce the legal framework designed to balance applicant interests with public clarity.
How We Can Help
Navigating the updated "same-day dual filing" requirements demands careful planning and precise execution. Our team of experienced patent attorneys provides end-to-end support—from initial filing strategy and declaration drafting to response management during examination and procedural compliance. We help clients secure robust protection while fully adhering to the latest regulatory standards.
For detailed guidance on adapting your filing strategy to the current rules, please contact our office for a consultation.
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