On March 14, 2026, the China National Intellectual Property Administration (CNIPA) released the “Guidelines for Patent Applications Involving Standards” (hereinafter referred to as the “Guidelines”) on its official website. The release aims to address the increasing number of patent applications involving standards and the heightened societal attention on this area, providing applicants with policy interpretations and practical guidance within the current patent legal framework. While the Guidelines focus on the telecommunications field, the principles and strategies discussed therein may also serve as a reference for other technical fields. The full text is divided into four chapters. Starting from foundational concepts, it elaborates on the synergistic relationship between standards and patents, with key recommendations focusing on filing and drafting strategies. This article will briefly summarize the main content of the Guidelines and offer certain perspectives and operational recommendations formed through our practice.

Based on the latest 2025 revision of China’s Patent Examination Guidelines, this paper employs empirical analysis of typical cases to delve into the “three-step examination framework” for assessing the subject matter eligibility of AI-related inventions: ethical examination, the exclusion of rules and methods for mental activities, and the determination of a technical solution. Among these, of central importance is the determination of a technical solution as to whether algorithmic features are substantively integrated with technical features, thereby jointly constituting technical means that apply the laws of nature to solve a technical problem and achieve a technical effect conforming to the laws of nature. Furthermore, through a comparative analysis with the USTPTO’s Mayo-Alice two-step test, this paper reveals the substantive convergence between the two jurisdictions in the criteria for subject matter eligibility. This article aims to deepen the theoretical understanding of the criteria for assessing the subject matter eligibility of AI-related inventions and to provide practical references for patent drafting and prosecution strategies for innovation entities in the AI field.

How to Assess Patent Eligibility of AI Inventions in China by Xiuqin ZHAO, Qiang Lin and Xiaobin Zong In summary In China, patent eligibility of AI inventions is assessed by examining in sequence whether the AI inventions fall under the rules and methods for mental activities and whether they constitute a technical solution. An AI invention claim can pass the examination as to mental activitie...

Major Points of the Draft China Trademark Law Amendments (2023) by Yan Zhang, Miao Tian, & Austin Chang China Trademark Law, enacted in 1982, has been amended four times (1993, 2001, 2013, and 2019). Yet there are still issues of bad faith trademark applications, redundant and repeated registrations, improper use and abuse of trademark rights, etc. in trademark practice. On 13 January 2023...

CNIPA’s Amended Trademark Examination and Adjudication Guideline on Article 4 of the Chinese Trademark Law regarding bad faith filing without an intent to use the trademark  by Yan Zhang & Austin Chang Bad faith trademark filings have been one of the most notorious pains for rights holders in the PRC and worldwide. The amended Chinese Trademark Law 2019 (“Trademark Law 2019”) was adopted w...

Protection of Chinese Equivalents of Foreign Trademarks by Yan Zhang & Austin Chang When an oversea brand enters China market, selecting a Chinese equivalent of the oversea brand is crucial because native Chinese pronounce and remember the Chinese language much easier than any foreign language. This is precisely why nearly all famous international brands have and use its Chinese equivalent...

Tackling Bad Faith Trademark Applications or Registrations in China – Part IV by Yan Zhang, Miao Tian & Austin Chang In the last part of this series, we will share cases and our suggestions on two issues, one is the impact on bad faith assessment in the event of later trademark assignment, the other is the necessity to assess bad faith if the right holder’s interests have already bee...

Tackling Bad Faith Trademark Applications or Registrations in China – Part III by Yan Zhang, Miao Tian & Austin Chang Previously, we shared our insights on the application of bad faith clause with exemplary cases. This time, we are going to share cases to show how we identify the bad faith and how we present the evidence to convince the CNIPA and the courts to achieve favorable outcomes! 1...

Tackling Bad Faith Trademark Applications or Registrations in China – Part II by Yan Zhang, Miao Tian & Austin Chang Previously, we shared the relevant stipulations regarding bad faith trademarks applications or registrations in the China Trademark Law 2019 (“Trademark Law 2019”), our insights on the required factors when applying bad faith stipulations, and the current trend and practices...

Tackling Bad Faith Trademark Applications or Registrations in China – Part I by Yan Zhang, Miao Tian & Austin Chang In this series, we are going to share our insights on how to best deal with bad faith trademark applications, a constant headache for foreign brand owners due to China’s first-to-file system. We will begin with the relevant stipulations in the Chinese Trademark Law of China (...