The patents and trademarks you file all stand on a set of “rules”—and those rules themselves need rules. China’s National Intellectual Property Administration (CNIPA) has issued the Procedures for the Formulation of CNIPA Rules, effective 1 February 2025, answering the most basic yet overlooked question: how are IP administrative rules made, amended, and repealed?
Why re-establish this “rule of rules”
- The 2001 version was repealed in 2019 after institutional reform, leaving a gap once CNIPA regained rulemaking power.
- The revised Legislation Law and State Council rules set new requirements that needed detailed implementation.
- Mature practices are elevated into institutions to improve rule quality and coherence.
What the regulation covers
The regulation has seven chapters and 36 articles, arranged by the lifecycle of rulemaking:
- Initiation: timing and materials for proposing a project, classification and addition.
- Drafting: mandatory consultation, and coordination when other departments are involved.
- Review: what the Legal Affairs Department examines, and grounds for suspension or return.
- Deliberation, promulgation, filing: procedures and record-filing review.
- Interpretation, amendment, repeal: lifecycle management of rules.
Why it matters to enterprises and agents
Rules are the “upper-level basis” for patent and trademark examination. A more standardized, transparent rulemaking procedure means future changes to examination standards become more predictable and better consulted. Agencies and innovators who engage during the comment period can shape rules earlier.
To turn regulatory changes into daily management, pair this with our trademark classification search and patent annuity monitoring tools.
This article introduces the intellectual property system of the People’s Republic of China (China). For the latest official rules, please refer to the competent authorities.
常见问题
When does it take effect?
1 February 2025, promulgated by CNIPA Decree No. 83.
How does it relate to the Legislation Law?
It details the principles of the revised Legislation Law and the Regulation on Procedures for Formulating Rules, adapted to IP work.
Why re-enact after repeal?
CNIPA regained rulemaking power after reform, demand rose, and higher-law requirements changed, filling the gap.
Can the public participate?
Yes. Consultation is required at the drafting stage, including public and inter-ministerial input.
来源：国家知识产权局（CNIPA）政策解读，2025-01-09。原文链接：关于《国家知识产权局规章制定程序规定》的制定说明
本文为政策解读，仅供参考，不构成官方解读与法律意见。如需进一步咨询，请联系合肥知海易达专利代理事务所（机构代码 34408）。