{"id":7449,"date":"2026-11-11T08:26:51","date_gmt":"2026-11-10T23:26:51","guid":{"rendered":"https:\/\/www.itohpat.co.jp\/?post_type=ip&#038;p=7449"},"modified":"2026-11-11T08:26:51","modified_gmt":"2026-11-10T23:26:51","slug":"7449","status":"publish","type":"ip","link":"https:\/\/www.itohpat.co.jp\/en\/ip\/7449\/","title":{"rendered":"CNIPA Releases Its 15th Five-Year Plan for Patent and Trademark Examination \u2014 Key AI-Related Initiatives and Their Implications \u2014"},"content":{"rendered":"<p>On November 3, 2026, the China National Intellectual Property Administration (CNIPA) released its <em>15th Five-Year Plan for Patent and Trademark Examination<\/em> (hereinafter referred to as the &#8220;Plan&#8221;).<\/p>\r\n<p>The Plan sets forth the strategic direction for patent and trademark examination in China, with the objective of substantially establishing a world-class patent and trademark examination authority with Chinese characteristics by 2030.<\/p>\r\n<p>In this circular, we highlight the key initiatives under the Plan, with a particular focus on artificial intelligence (AI).<\/p>\r\n<p>&nbsp;<\/p>\r\n<ol>\r\n\t<li><strong> Elevation of &#8220;Technology Empowerment&#8221; to a Fundamental Principle<\/strong><\/li>\r\n<\/ol>\r\n<p>The Plan establishes five fundamental principles: &#8220;Quality First,&#8221; &#8220;Reform and Innovation,&#8221; &#8220;Contribution to Development,&#8221; &#8220;Systematic Coordination,&#8221; and &#8220;Technology Empowerment.&#8221;<\/p>\r\n<p>Among these, &#8220;Technology Empowerment&#8221; has been newly introduced as a fundamental principle. The Plan expressly calls for deepening the application of AI technologies, promoting the deep integration of AI into all stages of examination, and establishing a new model of intelligent examination based on human\u2013machine collaboration.<\/p>\r\n<p>In contrast, the preceding 14th Five-Year Plan identified three fundamental principles: &#8220;High-Quality Development,&#8221; &#8220;Demand Orientation,&#8221; and &#8220;Pursuing Progress While Maintaining Stability.&#8221; Under that plan, AI was primarily positioned as a tool supporting information technology infrastructure.<\/p>\r\n<p>The new Plan therefore represents a significant shift, elevating AI from a supporting technological tool to a fundamental principle governing examination operations.<\/p>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"2\">\r\n\t<li><strong> Patent Examination: Establishment of an &#8220;AI+&#8221; Examination Management Mechanism<\/strong><\/li>\r\n<\/ol>\r\n<p>With respect to the management of patent examination operations, the Plan expressly provides for the establishment of an &#8220;AI+&#8221; examination management mechanism.<\/p>\r\n<p>This initiative is accompanied by proposals to study the restructuring of examination procedures and to explore the provision of prior art search reports for invention patent applications.<\/p>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"3\">\r\n\t<li><strong> Trademark Examination: Exploration of a New &#8220;AI + Big Data&#8221; Examination Model<\/strong><\/li>\r\n<\/ol>\r\n<p>In the area of trademark examination, the Plan calls for exploring the establishment of a new examination model utilizing &#8220;Artificial Intelligence + Big Data&#8221; as part of broader efforts to innovate and diversify examination procedures.<\/p>\r\n<p>Alongside improvements to examination mechanisms, including expedited examination and suspension of examination upon an applicant&#8217;s request, the CNIPA is expected to further enhance trademark examination through the use of AI and big data technologies.<\/p>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"4\">\r\n\t<li><strong> Establishment of a Dedicated &#8220;AI+&#8221; Examination Project<\/strong><\/li>\r\n<\/ol>\r\n<p>The Plan establishes seven specialized projects, including a standalone &#8220;AI+&#8221; Examination Project.<\/p>\r\n<p>The principal initiatives under this project include:<\/p>\r\n<ul>\r\n\t<li>Establishing a mechanism for applied research on AI-assisted examination;<\/li>\r\n\t<li>Continuously monitoring developments in AI technologies and promptly testing, validating, applying, and improving emerging technologies;<\/li>\r\n\t<li>Standardizing, guiding, and encouraging the introduction of new technologies into patent and trademark examination; and<\/li>\r\n\t<li>Developing specialized AI talent and promoting close collaboration between examination experts and AI engineers.<\/li>\r\n<\/ul>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"5\">\r\n\t<li><strong> AI Initiatives to Strengthen Examination Capabilities<\/strong><\/li>\r\n<\/ol>\r\n<p>As part of its efforts to enhance examination capabilities, the Plan introduces several AI-related initiatives addressing both personnel development and examination systems.<\/p>\r\n<p>These initiatives include:<\/p>\r\n<ul>\r\n\t<li>Establishing a training framework covering AI technologies and their practical applications;<\/li>\r\n\t<li>Enhancing the intelligence and automation capabilities of examination systems;<\/li>\r\n\t<li>Implementing the &#8220;AI+&#8221; Examination Initiative and continuously improving the functions of examination and search systems;<\/li>\r\n\t<li>Steadily promoting the application of multimodal large-model technologies throughout various stages of examination; and<\/li>\r\n\t<li>Advancing the digitalization and intelligent upgrading of patent and trademark examination operations.<\/li>\r\n<\/ul>\r\n<p><strong>\u00a0<\/strong><\/p>\r\n<ol start=\"6\">\r\n\t<li><strong> Development of Examination Rules for AI-Related Inventions<\/strong><\/li>\r\n<\/ol>\r\n<p><strong>(Specialized Project for Improving Patent Examination Rules in Emerging Technological Fields)<\/strong><\/p>\r\n<p>In addition to promoting the use of AI in examination procedures, the Plan addresses the development and refinement of examination rules applicable to AI-related inventions.<\/p>\r\n<p>The principal initiatives include:<\/p>\r\n<ul>\r\n\t<li>Studying the definition of a &#8220;person skilled in the art&#8221; and the scope of prior art in the context of AI-assisted inventions;<\/li>\r\n\t<li>Examining issues concerning inventorship and patentability of AI-generated inventions;<\/li>\r\n\t<li>Studying a system for declaring the use of AI in patent applications; and<\/li>\r\n\t<li>Revising, as appropriate, the <em>Patent Examination Guidelines<\/em> and the <em>Guidelines for Patent Applications Relating to AI Inventions (Trial Implementation)<\/em> in light of the above developments.<\/li>\r\n<\/ul>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"7\">\r\n\t<li><strong> AI-Related Initiatives in International Cooperation<\/strong><\/li>\r\n<\/ol>\r\n<p>The Plan also identifies AI as an important area of international cooperation and sets forth the following initiatives:<\/p>\r\n<ul>\r\n\t<li>Actively participating in global intellectual property governance in the field of AI; and<\/li>\r\n\t<li>Promoting the development of international rules and standards relating to patent and trademark examination.<\/li>\r\n<\/ul>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"8\">\r\n\t<li><strong> Background and Previous Developments<\/strong><\/li>\r\n<\/ol>\r\n<p>During the period covered by the 14th Five-Year Plan, the CNIPA initiated the development of intelligent patent examination and search systems. A new examination system officially commenced operation in January 2023.<\/p>\r\n<p>The system introduced functions such as online translation, image recognition, and intelligent matching, thereby reducing repetitive and routine tasks performed by examiners.<\/p>\r\n<p>Subsequently, in response to advances in large-model technologies, the CNIPA began conducting research into their practical applications and carried out verification in five patent examination scenarios.<\/p>\r\n<p>Through these efforts, the CNIPA developed a framework for an intelligent examination system based on a &#8220;platform + modules&#8221; architecture.<\/p>\r\n<p>In early July 2025, several modules, including large-model-based search, an AI Academic Assistant, and an AI Legal Assistant, officially became operational.<\/p>\r\n<p>Importantly, the CNIPA has clarified that AI plays only an auxiliary role in examination. AI-generated reasoning or analytical results may not be directly adopted as examination opinions. Rather, examiners must independently reach their examination conclusions in accordance with the Patent Law, its Implementing Regulations, and the Patent Examination Guidelines.<\/p>\r\n<p>&nbsp;<\/p>\r\n<ol start=\"9\">\r\n\t<li><strong> Practical Implications and Points to Consider (Our Observations)<\/strong><\/li>\r\n<\/ol>\r\n<p><strong>(1) Greater Importance of Prior Art Searches and Claim Drafting<\/strong><\/p>\r\n<p>The increasing use of intelligent examination technologies is expected to further improve examination efficiency and consistency in examination quality.<\/p>\r\n<p>In particular, as AI-powered prior art searches become more accurate and comprehensive, conducting thorough prior art searches before filing and carefully drafting patent claims are likely to become even more important.<\/p>\r\n<p><strong>(2) Need to Monitor Developments in Examination Rules for AI-Related Inventions<\/strong><\/p>\r\n<p>For AI-related inventions, the rules concerning the definition of a person skilled in the art, inventorship, patentability, and disclosure of AI use are expected to be further clarified.<\/p>\r\n<p>As these developments may directly affect patent filing strategies for AI-related technologies, we believe it will be important to closely monitor future revisions to the Patent Examination Guidelines.<\/p>\r\n<p><strong>(3) Potential Benefits for Trademark Owners<\/strong><\/p>\r\n<p>The exploration of an &#8220;AI + Big Data&#8221; examination model for trademarks may also contribute to improved detection of bad-faith trademark applications and applications filed by unauthorized parties.<\/p>\r\n<p>Such developments could have a positive impact on trademark monitoring activities undertaken by rights holders.<\/p>\r\n<p><strong>(4) Potential Implications for Design Examination<\/strong><\/p>\r\n<p>The introduction of multimodal large-model technologies into examination procedures may also have implications for design examination, particularly in assessing similarities between designs and comparing drawings or other visual representations.<\/p>\r\n<p>&nbsp;<\/p>\r\n<p><strong><u>Further Information<\/u><\/strong><\/p>\r\n<p>The full text of the Plan (in Chinese) is available on the CNIPA&#8217;s official website:<\/p>\r\n<p><span style=\"text-decoration: underline;\"><a href=\"https:\/\/www.cnipa.gov.cn\/art\/2026\/11\/3\/art_75_208901.html\">https:\/\/www.cnipa.gov.cn\/art\/2026\/11\/3\/art_75_208901.html<\/a><\/span><\/p>","protected":false},"excerpt":{"rendered":"On November 3, 2026, the China National Intellectual Property Administration (CNIPA) released its 15th Five-Year Plan for Patent and Trademark Examination (hereinafter referred to as the &#8220;Plan&#\u2026","protected":false},"featured_media":0,"template":"","meta":{"_acf_changed":false,"footnotes":""},"ip_cat":[39],"class_list":["post-7449","ip","type-ip","status-publish","hentry","ip_cat-foreign-ip-news","en-US"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/ip\/7449","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/ip"}],"about":[{"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/types\/ip"}],"version-history":[{"count":1,"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/ip\/7449\/revisions"}],"predecessor-version":[{"id":7450,"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/ip\/7449\/revisions\/7450"}],"wp:attachment":[{"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/media?parent=7449"}],"wp:term":[{"taxonomy":"ip_cat","embeddable":true,"href":"https:\/\/www.itohpat.co.jp\/wp-json\/wp\/v2\/ip_cat?post=7449"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}