Procedural Amendments and Fee Adjustments

The China National Intellectual Property Administration (CNIPA) has finalised amendments to its Guidelines for Patent Examination, effective January 1, 2026. These updates introduce stricter identity requirements, mandating that request forms list all inventors as natural persons rather than just the first, and placing the burden on patent agencies to verify the authenticity of applicant information.   

Financially, the amendments offer relief to the biotechnology sector by removing excess page fees for sequence listings submitted in WIPO Standard ST.26 format. However, the refund process has become more rigid; applicants must now actively request refunds for withdrawn applications, post-termination annuities, or refused restoration fees, as the CNIPA will no longer process these automatically. Additionally, for national phase and divisional applications, the names on the patent certificate must strictly match those provided at the time of filing.   

Strategic Shifts: Dual Filing and Examination

The amendments significantly impact the "dual-filing" strategy. Applicants filing for both an invention patent and a utility model on the same day must abandon the utility model to secure the invention patent grant. Crucially, applicants are no longer permitted to amend invention claims solely to differentiate them from the utility model to maintain both rights. Furthermore, invention patents granted after abandoning a utility model will not be eligible for Patent Term Adjustment (PTA).   

In terms of examination flow, a new expedited procedure allows applications that pass pre-examination by local intellectual property protection centres to undergo faster substantive examination. Conversely, delays in re-examination caused by the submission of new arguments or evidence will be deducted from any potential PTA calculation.   

Invalidation Proceedings and Substantive Standards

To curb abuse, invalidation requests must now reflect the "true intention" of the petitioner, effectively prohibiting "straw man" filings. The principle of res judicata is also strengthened, barring repeat invalidation requests based on grounds and evidence that have already been adjudicated.    

Substantively, the guidelines clarify the patentability of plant varieties. While wild plants remain unpatentable scientific discoveries, artificially bred plants may be patentable if they do not meet the strict definition of a "plant variety" (defined by uniform morphological characteristics and stable genetic traits). Finally, regarding inventiveness, technical features that do not contribute to solving the invention's specific technical problem (e.g., irrelevant housing shapes) will not be considered when assessing inventive step.   

Conclusion

The 2026 amendments to the CNIPA guidelines represent a move towards greater administrative rigour and strategic transparency. By enforcing stricter identity verification, eliminating the "dual filing" loophole, and requiring active management of refunds, the CNIPA is raising the compliance bar for applicants. Stakeholders must adjust their filing strategies and portfolio management processes to align with these new standards before the January 1, 2026, implementation date.