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Legal update

CNIPA Issues Revised Provisions on the Administrative Measures for Priority Examination of Patents

Pubdate:2026.07.31 Source: Hit:2

On July 30, 2026, the China National Intellectual Property Administration (CNIPA) published the Administrative Measures for Priority Examination of Patents (the “Measures”), which shall come into force on September 1, 2026.

The Measures clarify that priority examination applies to certain invention, utility model, and design patent applications, as well as to reexamination and invalidation declaration cases. They further specify the applicable circumstances, including emerging industries, breakthroughs in key core technologies, industrialization and implementation, corresponding applications on the same subject filed abroad, and major public interests, and also provide for circumstances under which priority examination will generally not be granted. The Measures require, in principle, a recommendation from the relevant competent department under the State Council or a provincial-level Intellectual Property Administration, and clarify the rules on electronic filing, submission of materials, good-faith administration, and termination of priority examination procedures. At the same time, the Measures provide that invention patent applications shall receive their first action within 45 days and be concluded within one year; utility model and design patent applications shall be concluded within two months; reexamination cases shall be concluded within seven months; and invalidation declaration cases shall be concluded within four to five months.