The Supreme People's Court of China ruled in Administrative Case (2026) Supreme Court IP Admin Final No. 392 that patent applicants cannot obtain additional procedural benefits through non-compliant amendments. Company J received a grant notice on March 3, 2021, and attempted on June 11, 2024, to trigger a second divisional application by making untimely amendments that created a lack of unity. The court deemed the divisional application not filed.
This ruling may be misinterpreted as a restriction on all divisional applications in China, but it only targets attempts to prolong application lifespans via non-compliant procedures. Applicants submitting voluntary divisionals within two months of receiving a grant notice or filing compliant amendments during substantive examination remain entirely unaffected. The ruling limits only those attempting to force passive divisional opportunities after the statutory window closes.
R&D and legal heads managing Chinese patent portfolios should audit divisional management timelines. Voluntary divisional applications must be filed within two months of receiving the grant notice. Any voluntary amendments must be submitted within three months of entering substantive examination or within the official response deadline.
Other Key News This Week
China Supreme Court Rules Unauthorized Offline Download of Trade Secrets Illegal Even for Authorized Staff
China's Supreme People's Court ruled that authorized employees downloading source code offline without permission still illegally acquire trade secrets. Companies with R&D operations in China should update IT security policies and access logging.
ID5 Annual Meeting Finalizes User Guide for Digital Design Protection
The ID5 patent offices finalized guidelines for digital design applications, standardizing examination for user interfaces and dynamic icons. While impact on pure hardware OEM is limited, software and IoT hardware developers should strengthen digital design IP protection.
Taiwan IPO Upgrades Patent AI Chatbot with GenAI and RAG for Administrative Inquiries
Taiwan IPO upgraded its Patent AI Assistant with GenAI and RAG to provide 24/7 assistance for administrative and fee inquiries. Corporate legal staff can use it for quick form searches, but should avoid entering unreleased proprietary technical data.
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This brief is auto-compiled by the WISECODE IP Radar from multiple sources for the week; the headline is an AI-generated report and summaries are short source excerpts. See each event's source links for originals.
