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Last month my patent was fully granted in Japan. I have only a short while longer until my PCT 30 month period expires. China is interesting to me especially for Hong Kong. I watched a video on youtube of a CNIPA examiner in 2019 talking about how they reject blockchain applications that don't comply with national interests. This is concerning to me because my application is for smart contract technology and I know the CCP is heavily investing into its own National Blockchain. So it should be very easy for an examiner to say that my invention conflicts with their national interests (it becomes more obvious as to why with the knowledge of the details of my subject matter).

Later I was researching the national interest rule and it seemed to be more related to enforcement rather than prosecution.

I asked my patent lawyer and my patent strategist (both @ big firms) they didn't know the answer.

How am I to reason about the likelihood of rejection from CNIPA on national interest grounds?

Thanks in advance!

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  • You might look into getting a Hong Kong patent via extending a UK patent.
    – George White
    Jul 27 at 16:06
  • Thanks George, currently Im facing 101 (eligibility) issues in the US, from what I understand UK is stricter. I like Asia for leniency in software eligibility. (Plus friendlier to financial processes). Am I missing something?
    – zunior
    Jul 27 at 16:42
  • @zunior Do you have any links to that provision about non-patentability due to national interests? Not only has it piqued my interest, but it also concerns me that patent law precludes a legitimate applicant from lawfully earning patent rights when patentability requirements are met. Usually countries have special provisions for forcing a patentee to license patent rights with little or no compensation, so that should be the easy way out for the country instead of not granting the patent in the first place. Blockchain is not like a military-related invention that a country might not patent. Jul 27 at 18:43
  • Thanks for the reply, You can see it here: youtube.com/watch?v=bGep5LeKQtI&t=588s It starts at roughly 10:00 and goes for a minute or two
    – zunior
    Jul 27 at 19:10
  • 2
    The US has increased its illogical scrutiny for abstract ness. A garage door opener and, I believe, an axle have recently been declared abstract. At this point it’s hard to imagine anyplace worse.
    – George White
    Jul 27 at 20:30

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