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Deep & Far Newsletter 2025 ©
Oct (2)

The Greater China IP Updates ¡V October 2025

By Lyndon 

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XML Format Required by China for E-Filing of Patent Documents

On 26 May, 2025, the China National Intellectual Property Administration (CNIPA) announced that applicants, in respect of certain specified request procedures filed electronically (such as patent applications, requests for reexamination and requests for invalidation) must submit patent application documents in Extensible Markup Language (XML) format.  Following are some of the key highlights of the new requirements.

  1. The new regime will go into effect on 1 October, 2025.   The XML format will also be necessary for any requests for prioritized examination, accelerated examination, Patent Prosecution Highway, deferred examination or centralized examination.
  2. For an invention, utility model or design patent case, the XML format will be needed for a national filing application, a PCT national phase entry application, a reexamination proceeding and a patent invalidation proceeding which include documents such as the claim, specification, drawings and abstract.
  3. Apart from the XML patent application documents, any other electronically filed patent application documents may continue to be submitted in an electronic file format acceptable to the CNIPA.
  4. After the new rules go into effect, the new regime will be further upgraded to full implementation starting from 2026.  A later announcement will be made about what further requirements will be added closer to the time.

The CNIPA Patent Business Handling System online will provide patent applicants and patent agencies with specification standards for E-filing patent application documents, the XML format conversion tools and user manuals to prepare any necessary documents.

 

All-China Patent Attorneys Association (ACPAA) Bans Use of AI

The Code of Professional Ethics and Practice Discipline for Patent Agents was revised by the ACPAA to deal with AI issues.  In order to improve the professional quality of patent agents, standardize the practice of patent agents, and ensure the high-quality development of the patent agency industry two new rules have come into effect.  One is introduce a prohibition against using artificial intelligence to directly generate patent application documents.  The other is to prohibit the malicious lowering of patent agency service fees.  In Article 15, the exact wording is: Patent agents may not use artificial intelligence to directly generate patent application documents for final submission.  In Article 48, the exact wording is: Patent agencies shall not engage in unfair competition by maliciously lowering the price of patent agency services.

 

 

 

 
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