Software Claims
In China, computer program products defined only by recorded programs are not patentable. As a result, software claims must be rewritten to satisfy the requirements of Chinese law.
Amendment during Examination
Rule 51 mandates that “where the applicant amends the application after receiving the notification of opinions of the examination as to substance of the Patent Administration Department under the State Council, he or it shall make the amendment as required by the notification.” As a result, it is more difficult to make amendments to a Chinese application that are not ordered by the examiner. Patent claims that will be filed in China should be carefully structured for this type of examination.
