China’s National Intellectual Property Administration (CNIPA) issued the “Decision on Amending the Patent Examination Guidelines” (Order No. 84) on November 10, 2025, effective January 1, 2026. This article outlines the overall context and main contents of the amendment, with a focus on examination standards for emerging fields such as artificial intelligence (AI) and biobreeding, as well as adjustments to general provisions on substantive examination.
1. Background and Approach
The amendment is demand-driven, improving examination standards for new fields and new business forms and codifying mature examination experience. Drivers include: adapting rules to AI and other emerging fields; responding to innovators’ reasonable requests on grant and validity; and codifying proven practices.
The amendment was launched in January 2025, subjected to public comment and research, issued on November 10, 2025, and takes effect on January 1, 2026.
2. Protection Rules for New Fields
2.1 AI-related examination standards
Building on the 2024 trial guidance on AI-related invention patent applications, the amendment strengthens review of AI ethics, clarifies drafting requirements with examination examples, adds special provisions for “bitstream” patent applications in step with streaming media, and clarifies the definition of plant variety to broaden patentable subject matter while linking with plant variety protection.
2.2 Biobreeding examination standards
It refines biobreeding examination, narrowing the scope of “plant variety”: a genetically modified plant qualifies as a plant variety only when it shows consistent morphological traits and stable genetic traits in its population, strengthening seed-industry IP protection.
3. Adjustments to General Substantive Examination
3.1 “Same-day dual filing”
For the same applicant filing both a utility model and an invention for the same creation on the same day, the amendment allows invention grant only by disclaiming the utility model patent right, returning to the legislative intent of Article 9 of the Patent Law and curbing duplicate grants.
3.2 Inventiveness and other rules
It clarifies that features not contributing to solving a technical problem usually do not confer inventiveness; sets inventor identity filing requirements and agency verification duties; refines additional-fee calculation and refunds; curbs abuse of invalidation (requests not reflecting true intent are not accepted; “matter already decided” is detailed); and improves patent-term compensation.
4. Codifying Mature Practices
It affirms on-demand examination with fast-track provisions (“fast when needed, slow when appropriate”), and clarifies divisional priority claims, the meaning of filing-date information on national-phase certificates, and invalidation amendment-text submission and review-text rules.
5. Practical Impact and Tips
The amendment directly affects applicants in AI, gene technology, and streaming media: drafts should address ethics and technical contribution; same-day dual-filing strategy needs rethinking; biobreeding applicants must accurately delineate plant variety vs. patentable subject matter. Follow official guidance and use professional search/form-check tools to raise drafting quality.
6. FAQ
Q: When does the 2025 amendment to the Patent Examination Guidelines take effect?
A: It takes effect on January 1, 2026.
Q: What are the new AI-related examination requirements?
A: Stronger review of AI ethics with clearer drafting requirements and examples; new special provisions for bitstream applications; and refined plant-variety subject-matter delineation.
Q: Can an invention still be granted by amending the application under same-day dual filing?
A: No. The amendment removes the case where grant could be obtained by amending the invention application, allowing invention grant only by disclaiming the utility model.
7. Related Services and Tools
For annuity management after grant, see our China patent annuity monitor; for trademark planning, see the trademark classification table; for pre-filing self-checks, our Zhihai tools include a form-check tool.
8. Source
This article is compiled from the CNIPA policy interpretation “Interpretation of the 2025 Amendment to the Patent Examination Guidelines” (2025-12-04; source: CNIPA · Policy Interpretation). It is for reference only; please follow the latest official text of the Patent Examination Guidelines.
This article describes the intellectual property system of the People’s Republic of China (China); please refer to the latest official regulations for specifics.