Conclusion

Based on the summary of previous cases, it can be seen that the Intellectual Property Court of the SPC of China has formulated and put forward its own opinions and views on the examination rules of patent granting and patent confirmation cases through a large number of retrial applications and cases brought up for trial in recent years. A majority of such views confirmed the Guidelines for Patent Examination, but there were also questions about the Guidelines for Patent Examination and the examination rules of the Patent Reexamination Board. Meanwhile, there are also inconsistencies in the understanding of some issues between the first and second instance courts and the SPC or within the Intellectual Property Court of the SPC.