CNIPA 2026-2030 Plan Puts AI Inventorship and SEPs Under Study
The China National Intellectual Property Administration (CNIPA) published its Patent and Trademark Examination Plan for the 15th Five-Year Plan period on 3 November; the notice issuing it is dated 19 October. Covering 2026 to 2030, the plan aims for a "world-class" patent and trademark examination authority by 2030. It is a work plan rather than a rule change: most items are framed as matters to study, explore or improve, and binding changes will come only through later amendments to the Patent Examination Guidelines, regulations or guidance. The published notice is marked as abridged.
Three AI questions under study
The first of seven special projects targets examination rules for emerging fields. It names three questions:
- how to define the person skilled in the art, and the scope of prior art, for AI-assisted inventions;
- who the inventor is, and whether a patent can be granted, for AI-generated inventions;
- whether patent applications should carry a declaration of AI use.
The findings will feed into timely revisions of the Patent Examination Guidelines and CNIPA's trial guidelines for AI-related invention patent applications. The same project calls for better examination policy on standard-essential patents (SEPs), an examination mechanism with pilots for SEPs and similar fields, and a dedicated database of standards-related patents. For designs, CNIPA will study protectable subject matter in VR, AR and other digital fields and adjust filing rules for graphical user interfaces when appropriate.
On patent procedure, the plan proposes studying priority, non-prejudicial disclosure and deferred examination with an eye to CPTPP and other high-standard trade rules; exploring pre-examination search reports for invention applications; expanding on-demand examination, from fast-track and prioritised to deferred and centralised examination; and stepping up screening of and penalties for bad-faith patent filings, alongside a study of pre-filing assessment centred on commercialisation prospects.
Trademarks: bad faith and deceptive marks
On trademarks, the plan builds on implementing the revised Trademark Law and pushes ahead with amending its Implementing Regulations. It proposes exploring filing and examination standards for new types of marks, refining fast-track examination and suspension of examination on request, and widening the applicant's undertaking of intent to use, so that good-faith applicants carry a lighter burden of proof.
CNIPA is to invalidate deceptive registered marks ex officio and put into effect the revised law's ex officio cancellation of registered marks used in a misleading way. Against bad-faith filing, it plans to look through to the real filers, keep watch-list monitoring of agencies that knowingly handle bad-faith applications, and explore using company-registration data to identify bad-faith applicants. For emerging sectors, it will regularly update acceptable goods and services names outside the classification table, study filing needs in AI and VR, and explore pre-checks for such applications.
J&C recommends acting on the direction now, even though current examination standards are unchanged. Applicants who use AI tools in research and development should start recording what the human inventors contributed and how AI was used, in case a declaration requirement follows. Companies filing trademarks in China should keep filing volumes in line with real business needs and retain evidence of intent to use and of actual use.
Source: www.cnipa.gov.cn | www.cnipa.gov.cn
