China's State Intellectual Property Office issued the "Guidelines on Incorporation by Reference in Patent Applications for Invention or Utility Models"

Since January 20, 2024, China has issued and formally implemented the newly revised "Implementing Regulations of the Patent Law", in which Article 45 of the incorporation by reference system has made specific provisions for invention or utility model patent applications that lack or erroneously submit claims, specifications, or part of claims or specifications. If the applicant claims priority on the date of submission, he or she may make up the application by citing the prior application documents within 2 months from the date of submission or within the period specified by the patent administration department of the State Council. If the supplementary documents comply with the relevant regulations, the filing date of the first submission shall be the filing date.

The National Intellectual Property Administration issued the "Guidelines on the Application of Reference to Patent Applications for Invention or Utility Models" on December 25, 2024. The guidelines detail the institutional background and handling procedures of the provisions on reference and publish several typical cases and other specific contents, which will help Chinese patent applicants to more accurately understand and use reference and better safeguard the legitimate rights and interests of applicants.

The full text of this guide is quoted here for users to view.