China – new rules for examination of computer implemented inventions  (CII)

Since 1st of February 2020 new rules are in force for examination of computer implemented inventions  (CII) in the Peoples Republic of China.

It appears that those rules give more freedom to applicants to get patent inventions granted in the grey zone of technicality and business methods (technical and non-technical features) It seems that future Chinese patents will protect also inventions which are “less or not technical” from European point of view.

One will learn soon what this means for IP practitioners in practice.

This is one more occasion to remind inventors and innovative companies to use defensive publications even in cases where they believe that a patent can not be granted (under EPO-practice). Because such patents might be granted for third parties in other jurisdictions and then create problems in those jurisdictions.

Not to mention that China contains the biggest internal market worldwide and validly granted local Chinese patents might hinder international firms to produce and sell in China.