Timeline for Does Chinese Patent Examination Lack Rigor?
Current License: CC BY-SA 3.0
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| Apr 25, 2018 at 8:25 | comment | added | chempatent1981 | The chinese examiners do force applicants (and attorneys) to rediculously narrow down their claims, but of course, as you can imagine, it is the applicants themselves that choose to go for a patent on a well known subject matter and have to add many details to get to grant. The same situation in EPO, for example, would either be rejected, or the inventive step would have been acknowledged before narrowing down too much. | |
| Apr 25, 2018 at 6:59 | comment | added | Deon P Hugo | Yes, I agree as far as the narrowness of the Chinese patent claims is concerned. I always wondered why the claims of the Chinese patents are so narrow. You say that it is because the examiners force these ridiculously narrow claims. | |
| Apr 24, 2018 at 7:33 | comment | added | chempatent1981 | I saw an extraordinary case with a chinese patent a few years ago. A classic chemical transformation, literally disclosed in the top organic chemistry book worldwide, was patented in China (only). It was key to preparing an intermediate for a blockbuster antidepressant drug. Sort of artificially creating an internal monopoly. | |
| Apr 24, 2018 at 1:06 | comment | added | user132162 | I have also heard that CN examiners can be partial to their own nationals in order to allow them to "catch up" and not get boxed out by foreign companies. However, like you say, this sort of favoritism seems to go on in US/EP as well (e.g. I saw two similar patent apps, one by US, one by EP, and they were each granted in their own jurisdiction and rejected in the other, and I don't think it's due to the differences in US/EP law). | |
| Apr 23, 2018 at 6:40 | history | answered | chempatent1981 | CC BY-SA 3.0 |