Patent Granting Procedure

Unlike common law system that belongs to case law, China’s legal system is continental law system, subject to the “statute law”.  In the patent granting procedure, only the Patent Law, the Implementing Regulations of the Patent Law and the Guidelines for Patent Examination shall have legal effect in principle.  However, judging from our practical experience, the understanding of the same provision may vary depending on different examiners.  Examiners are inclined to follow the previous examination practice in dealing with issues that are significantly influenced by subjective judgment.  In view of this, proper application of precedents (including reexamination decisions, invalidation decisions and court judgments, etc.) can achieve twice the result with half the effort.
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