XNUMX. XNUMX.Introduction

　To research Chinese patents, it is important to understand the Chinese patent system.As a Chinese searcher in Japan, I often compare Japan and China, so the previous "Differences between Japan-China Intellectual Property Law”, this paper will explore the main differences between Japan and Japan in the application system for patents (equivalent to patents, utility models, and designs in Japan) based on the Fourth Amendment to the Patent Law.In addition, since the utilization of search tools is extremely important in dealing with the ever-increasing number of applications, the latest trends in patent search tools will be introduced at the end.

XNUMX.Characteristics of the patent application system

XNUMX Same day application for patent

　Unlike Japan, China does not have an application conversion system for patents, utility models, and designs.However, China has its own system of simultaneous filing of patents and utility models (Article XNUMX of the Patent Law).Filed on the same day is also called a concurrent patent application.Only one patent right can be granted for the same invention-creation, but if the same applicant applies for a patent and a utility model for the same invention-creation on the same day, the applicant shall If the utility model patent right is waived before it expires, the patent application can be granted, and if the content of the patent application is amended, both the patent and the utility model patent can be maintained. (Article XNUMX of the Detailed Regulations).Therefore, there are as many utility model applications as there are patents.

　PCT route applications are limited to patent and utility model applications, and either patent or utility model can be selected at the time of entry into China (Article XNUMX, Paragraph XNUMX, Item XNUMX of the Implementing Regulations).However, the patent type cannot be changed after entering the Chinese domestic phase.

　Same day patent applications must actually be filed with the Chinese Patent Office on the same day.By filing a patent application on the same day, you can enjoy the benefits of both early acquisition of utility model rights and long-term patent protection.In addition, it is said that the inventive step requirements for utility models are relatively looser than those for patents. In some cases, a utility model right can be obtained even if it is not possible to do so.

XNUMX Domestic priority system

　In the past, domestic priority applications could only be filed for patents and utility models, not for designs.However, Article XNUMX, Paragraph XNUMX of the New Patent Law stipulates that “the applicant shall, within XNUMX months from the first filing of a patent or utility model application in China, or six months from the first filing of a design application in China, If a new patent application for the same subject matter is filed with the patent administration department of the State Council within the same period, priority can be claimed.”

　The new patent law allows domestic priority rights for designs, allowing applicants to file a Chinese design application when they have a rudimentary conception of the design, and then fine-tune it within six months. In cases where there are multiple similar designs, domestic priority can be used to supplement the scope of protection in a timely manner.
　In the case of PCT applications, as in Japan, the national entry deadline for PCT applications is, in principle, XNUMX months from the priority date. Extensions are permitted and are possible for a maximum of XNUMX months from the priority date (Article XNUMX of the Administrative Instructions).

XNUMX Confidentiality screening system

　Any agency, organization or individual in China, but not in Japan, who intends to apply for a patent or utility model completed in China to a foreign country, must first request the patent administration department of the State Council for confidentiality review. (Article XNUMX of the Detailed Regulations).
　However, designs are not subject to confidentiality review.

　Where the patent administration department under the State Council conducts confidentiality examination pursuant to the provisions of the preceding paragraph, it shall make a timely decision on whether confidentiality is necessary and notify the applicant.On the other hand, if the applicant has not received a notice of confidentiality examination within four months from the date of submission of this request, the applicant may file a patent application in a foreign country or an international patent application with a relevant foreign institution with the patent or utility model. can do.
　In addition, if the applicant has not received a confidentiality decision within six months from the date of filing this request, the applicant may file a patent application in a foreign country or an international patent application with a relevant foreign organization with the patent or utility model. can be submitted.

XNUMX Computer program

　In Japan, computer programs are protected as objects, but in China, at present, computer programs themselves cannot be patented.Also, a recording medium on which a computer program is recorded cannot be patented at present unless the recording medium itself is invented.
　However, if a patent application for a computer program contains technical features and constitutes a technical solution, it is subject to patent protection. The revised Guidelines for Patent Examination, which came into force on February 2020, 2, stipulate that algorithm features and commercial rules must also consider the contribution of these features in determining creativity.

　A patent application relating to a computer program is intended to solve a technical problem, and "what is reflected in controlling or processing external or internal devices by executing the computer program on a computer follows the laws of nature." A patent application shall not be denied patentability solely because it relates to a computer program, provided that it is a technical means by which a technical effect consistent with the laws of nature is obtained. ” was said.

XNUMX.Patent term adjustment system

　The patent term adjustment system will be enforced from June 67, 2 in order to correspond to the PTA (Patent Term Adjustment) in the United States and the extension system of patent rights in Japan (Article 3, Paragraphs 2021-6 of the Patent Act). It was introduced due to the following provisions in the amended Patent Act.
　If a patent is granted after four years from the filing date of the patent application and after three years from the date of request for substantive examination, the patent administration department under the State Council shall, at the request of the patentee, approve the patent. Provides patent term compensation for unreasonable delays in the granting process, but excludes unreasonable delays caused by the applicant. (Article 42, Paragraph 2 of the Patent Law)

　It is stipulated that the patent administration department under the State Council may extend the term of a patent right for which registration has been delayed due to delay in examination, for a period corresponding to the number of days the registration was delayed due to examination.In addition, according to the revision of the Examination Guidelines, patents filed using the so-called same-day patent application system are not subject to adjustment under this system.
　In addition, in order to receive an application for patent term adjustment, the applicant must submit an application within three months from the date of registration of establishment of the patent right.

XNUMX.China patent search tool

　Accurate search tools are very important for the ever-increasing number of applications.If you want to search in the original Chinese language to improve the accuracy of the search, or if you want to use life-and-death information, you can use CNIPR (National Information Service Platform). CNIPR is said to be the most reliable database at present, as it updates quickly and accumulates a lot of data.
　Recently, "Japanese server version CNIPR", which has a server in Japan, has been released, and the interface is in Japanese.Search keywords are available in Japanese (name and summary items only), Chinese, and English, with an extensive search menu and various auxiliary functions.In addition, the number of items that can be downloaded at one time is significantly large, the search speed is fast, and the service is stable.

　Here, we will introduce the main features and benefits of CNIPR.

・Because the data provider is IPPH (Intellectual Property Publishing Company), there is no time lag in data accumulation, and the data is updated every Tuesday and Friday at the same time as the database of the Chinese Patent Office.

・From the top screen (simple search screen), there is a selection search menu for compound search, legal status search, management information search, invalidation of retrial, and judicial precedent search.

・Equipped with many search support functions such as concept search, translation function, synonym function, and similar patent search.

・A rich search menu is available, including legal status, patent management information, judicial precedent data, trademarks, divisional applications, same-day, life-or-death appeal information.

・Hybrid search between Chinese and English is possible, and by using both Chinese and English keywords, more comprehensive and highly accurate searches can be achieved.

・The refinement search function, which allows you to make judgments about life and death after correcting errors in the legal status, is a convenient function.In addition, the narrowing down and display are divided from the conventional two items of "valid" and "invalid" to three items of "valid", "invalid" and "under review", making it more clear.

・Highlighting function that highlights necessary keywords according to user settings.

・You can select Chinese and English list download items, and you can download up to 1 list items at a time. You can download up to 10,000 PDF publications at a time.

・Attribution operator and history calculation, proximity search and partial match search can be realized, and history calculation, history deletion, re-search, etc. are also possible.While reducing noise, it is possible to obtain highly comprehensive search results.

・Convenient analysis functions are provided for report creation and map analysis.Various statistical functions such as normal analysis, option analysis, and trade analysis are available.

　Compared to the Chinese server version, the Japanese server version of CNIPR is a Chinese patent search tool developed for Japanese users that is highly comprehensive and highly reliable with improved search functions and stability.
　In addition, it seems that there are some points that should be improved, including the point that claims are not displayed in the display of the search result list.In addition, since the Japanese server version of CNIPR is charged, please agree to the terms of use before signing a contract when actually using it.

XNUMX.in conclusion

　Although there are many similarities between the Japanese patent system and the Chinese patent system, there are also some differences.Based on this, attention should also be paid to the impact on Chinese patent searches.As a Chinese searcher, I would like to continue my efforts to contribute to research in China, aiming for even more accurate research by utilizing efficient search tools, always keeping in mind growth.

Research Division Hayashi

【reference】
・Overview of IP environment in Asia
https://www.globalipdb.inpit.go.jp/country/asia/
・Revised Patent Act
https://www.jetro.go.jp/ext_images/world/asia/cn/ip/law/pdf/regulation/20210601_jp.pdf
・Detailed Regulations for Enforcement of the Patent Act　
https://www.jetro.go.jp/ext_images/world/asia/cn/ip/law/pdf/admin/20100201.pdf
・ Japan server version CNIPR
https://www.kodensha.jp/index/products/cnipr/