New PRB Rules Effective on September 1, 2012

[Arthur Tan-Chi Yuan]

As a late follow-up to our August 24, 2012 program, State Intellectual Property Office (SIPO) released a set of amendments to rules governing Patent Reexamination Board (PRB) on July 18, 2012.  These new rules went into effect last Saturday, September 1, 2012. 

As a brief background, in China, the PRB handles:

  1. appeals from a final rejection of a patent application (i.e., jurisdictionally equivalent to appeals before the BPAI or PTAB in the US practice), and
  2. invalidation proceedings (i.e., jruisdictionally equivalent to ex part reexamination, inter partes review or post-grant review in the US). 

A more in-depth post will follow in a few days regarding the new rules.