China’s IP Administration Releases its 15th Five-Year Plan for Patent and Trademark Examination
Published 4 November 2026
Yu Du
On 3 November 2026, the China National Intellectual Property Administration (CNIPA) released the 15th Five-Year Plan for Patent and Trademark Examination (the “Plan”), setting out the objectives, key priorities and implementation initiatives for China’s patent and trademark examination system during the 2026–2030 period.
The Plan was formulated in accordance with the Outline for Building an Intellectual Property Powerhouse (2021–2035) issued by the Communist Party of China (CPC) Central Committee and the State Council in 2021 and the 15th Five-Year Plan for Intellectual Property Protection and Utilisation issued by the State Council earlier this year. It aims to promote high-quality patent and trademark examination, encourage technological innovation, improve the business environment and support China’s further integration into the global intellectual property system.
The Plan establishes a series of priorities covering patent examination, trademark examination, international cooperation and institutional capacity building. It also introduces seven dedicated projects, including initiatives concerning examination standards for emerging technologies, trademark examination quality and the application of artificial intelligence in examination procedures.
Key Contents of the Plan
1. Improving Patent Examination Standards and Strengthening Protection for Emerging Technologies
The Plan places considerable emphasis on improving the patent examination framework to keep pace with technological developments. It proposes further refinement of patent examination rules and standards in emerging fields, including artificial intelligence, big data and genetic technologies, as well as key areas such as biobreeding, green and low-carbon technologies, and traditional Chinese medicine.
In particular, the Plan identifies several issues relating to AI-assisted and AI-generated inventions for further study. These include the definition of a person skilled in the art in the context of AI-assisted inventions, the inventorship and patentability of AI-generated inventions, and the introduction of an AI-use disclosure mechanism in patent applications.
The Plan also calls for improvements to the examination framework for standard-essential patents (SEPs), as well as further research into the protection of designs in digital fields such as virtual reality (VR) and augmented reality (AR). These initiatives reflect China's intention to adapt its patent examination standards to the needs of emerging industries and evolving technologies.
2. Enhancing Patent Application Quality and Examination Efficiency
Another major focus is improving the overall quality of patent applications and examination outcomes. The Plan emphasises the implementation of the principle of good faith in patent filing activities and calls for stronger measures against applications that violate this principle.
It also proposes studying the establishment of a pre-filing evaluation mechanism centred on the commercialisation prospects of inventions. Greater coordination is envisaged between patent examination, patent agency services, pre-examination procedures and the commercialisation of intellectual property.
In addition, the Plan seeks to improve examination efficiency through a more flexible, demand-driven examination system. Applicants may be provided with different examination options, including accelerated examination, priority examination, deferred examination and consolidated examination, subject to the applicable requirements and procedures.
The Plan further aims to maintain China’s patent examination timelines at a leading level among major patent offices worldwide, while improving the quality management and evaluation mechanisms for examination, re-examination and invalidation proceedings.
3. Improving Trademark Examination Rules and Strengthening Trademark Governance
With respect to trademark examination, the Plan calls for continued improvement of the relevant legal and regulatory framework, including advancing the revision of the Implementing Regulations of the Trademark Law and ensuring the effective implementation of the revised Trademark Law.
The Plan also proposes exploring the acceptance and examination standards for new types of trademarks and improving examination policies in response to developments in emerging industries. In particular, it identifies the need to adapt goods and services classification practices to new technologies and products, including those relating to artificial intelligence and virtual reality.
To improve examination efficiency, the Plan proposes further development of expedited examination and deferred examination upon application. It also seeks to expand the application of the trademark registration application intention commitment mechanism, with a view to reducing the evidentiary burden on legitimate and good-faith applicants.
At the same time, the Plan places particular emphasis on combating malicious trademark applications and improper use of registered trademarks. Proposed measures include strengthening monitoring of the entities behind trademark applications, improving early-warning functions within the trademark examination system, and enhancing coordinated supervision of trademark agencies involved in malicious representation.
The Plan also calls for improved examination and regulation of deceptive trademarks, including the ex officio invalidation of registered trademarks bearing deceptive characteristics and the implementation of relevant provisions concerning the revocation of trademarks used in a misleading manner.
4. Strengthening International Cooperation and Supporting Overseas IP Strategies
The Plan recognises the importance of international cooperation in patent and trademark examination. It proposes deeper engagement with the World Intellectual Property Organization (WIPO), as well as enhanced cooperation through international mechanisms such as the IP5 and BRICS frameworks.
It also encourages exchanges and cooperation with countries and regions participating in the Belt and Road Initiative, including collaboration in examination practices, information technology and professional training.
Importantly, the Plan expressly provides for support to innovation-driven and business entities seeking to improve their overseas patent and trademark portfolios. This includes promoting international IP services, expanding cooperation under the Patent Prosecution Highway (PPH) network, and providing training and information-sharing services to enhance enterprises' understanding of foreign examination policies and trademark protection requirements.
5. Promoting AI-Enabled Examination and Institutional Capacity Building
The application of artificial intelligence is another central theme of the Plan. It proposes implementing an “AI Plus” examination initiative and progressively introducing multimodal large language models and other intelligent technologies into different stages of patent and trademark examination.
The objective is to develop a more integrated and intelligent examination system through closer collaboration between examination professionals and AI technologies, while maintaining appropriate safeguards for information and data security.
The Plan also emphasises the development of professional examination teams, particularly in emerging technological fields, and the strengthening of institutional support, quality management and examination infrastructure.
Comment
The proposed initiatives concerning AI-related inventions, emerging technologies, deceptive trademarks and malicious trademark applications indicate that future examination practices are expected to respond more closely to developments in technology and market activities. At the same time, the stronger focus on international cooperation reflects the increasing importance of overseas IP protection and cross-border portfolio management for Chinese businesses.
For businesses and IP practitioners, the Plan provides useful guidance for reviewing existing IP strategies and preparing for future regulatory developments. Companies operating in technology-intensive industries should pay particular attention to evolving patentability and disclosure requirements for AI-related inventions, while trademark owners should review their filing strategies, ensure that applications are supported by genuine commercial needs and maintain proper evidence of trademark use. Businesses with international operations should also consider more systematic overseas patent and trademark planning, taking into account differences in examination standards across jurisdictions.
The Plan was formulated in accordance with the Outline for Building an Intellectual Property Powerhouse (2021–2035) issued by the Communist Party of China (CPC) Central Committee and the State Council in 2021 and the 15th Five-Year Plan for Intellectual Property Protection and Utilisation issued by the State Council earlier this year. It aims to promote high-quality patent and trademark examination, encourage technological innovation, improve the business environment and support China’s further integration into the global intellectual property system.
The Plan establishes a series of priorities covering patent examination, trademark examination, international cooperation and institutional capacity building. It also introduces seven dedicated projects, including initiatives concerning examination standards for emerging technologies, trademark examination quality and the application of artificial intelligence in examination procedures.
Key Contents of the Plan
1. Improving Patent Examination Standards and Strengthening Protection for Emerging Technologies
The Plan places considerable emphasis on improving the patent examination framework to keep pace with technological developments. It proposes further refinement of patent examination rules and standards in emerging fields, including artificial intelligence, big data and genetic technologies, as well as key areas such as biobreeding, green and low-carbon technologies, and traditional Chinese medicine.
In particular, the Plan identifies several issues relating to AI-assisted and AI-generated inventions for further study. These include the definition of a person skilled in the art in the context of AI-assisted inventions, the inventorship and patentability of AI-generated inventions, and the introduction of an AI-use disclosure mechanism in patent applications.
The Plan also calls for improvements to the examination framework for standard-essential patents (SEPs), as well as further research into the protection of designs in digital fields such as virtual reality (VR) and augmented reality (AR). These initiatives reflect China's intention to adapt its patent examination standards to the needs of emerging industries and evolving technologies.
2. Enhancing Patent Application Quality and Examination Efficiency
Another major focus is improving the overall quality of patent applications and examination outcomes. The Plan emphasises the implementation of the principle of good faith in patent filing activities and calls for stronger measures against applications that violate this principle.
It also proposes studying the establishment of a pre-filing evaluation mechanism centred on the commercialisation prospects of inventions. Greater coordination is envisaged between patent examination, patent agency services, pre-examination procedures and the commercialisation of intellectual property.
In addition, the Plan seeks to improve examination efficiency through a more flexible, demand-driven examination system. Applicants may be provided with different examination options, including accelerated examination, priority examination, deferred examination and consolidated examination, subject to the applicable requirements and procedures.
The Plan further aims to maintain China’s patent examination timelines at a leading level among major patent offices worldwide, while improving the quality management and evaluation mechanisms for examination, re-examination and invalidation proceedings.
3. Improving Trademark Examination Rules and Strengthening Trademark Governance
With respect to trademark examination, the Plan calls for continued improvement of the relevant legal and regulatory framework, including advancing the revision of the Implementing Regulations of the Trademark Law and ensuring the effective implementation of the revised Trademark Law.
The Plan also proposes exploring the acceptance and examination standards for new types of trademarks and improving examination policies in response to developments in emerging industries. In particular, it identifies the need to adapt goods and services classification practices to new technologies and products, including those relating to artificial intelligence and virtual reality.
To improve examination efficiency, the Plan proposes further development of expedited examination and deferred examination upon application. It also seeks to expand the application of the trademark registration application intention commitment mechanism, with a view to reducing the evidentiary burden on legitimate and good-faith applicants.
At the same time, the Plan places particular emphasis on combating malicious trademark applications and improper use of registered trademarks. Proposed measures include strengthening monitoring of the entities behind trademark applications, improving early-warning functions within the trademark examination system, and enhancing coordinated supervision of trademark agencies involved in malicious representation.
The Plan also calls for improved examination and regulation of deceptive trademarks, including the ex officio invalidation of registered trademarks bearing deceptive characteristics and the implementation of relevant provisions concerning the revocation of trademarks used in a misleading manner.
4. Strengthening International Cooperation and Supporting Overseas IP Strategies
The Plan recognises the importance of international cooperation in patent and trademark examination. It proposes deeper engagement with the World Intellectual Property Organization (WIPO), as well as enhanced cooperation through international mechanisms such as the IP5 and BRICS frameworks.
It also encourages exchanges and cooperation with countries and regions participating in the Belt and Road Initiative, including collaboration in examination practices, information technology and professional training.
Importantly, the Plan expressly provides for support to innovation-driven and business entities seeking to improve their overseas patent and trademark portfolios. This includes promoting international IP services, expanding cooperation under the Patent Prosecution Highway (PPH) network, and providing training and information-sharing services to enhance enterprises' understanding of foreign examination policies and trademark protection requirements.
5. Promoting AI-Enabled Examination and Institutional Capacity Building
The application of artificial intelligence is another central theme of the Plan. It proposes implementing an “AI Plus” examination initiative and progressively introducing multimodal large language models and other intelligent technologies into different stages of patent and trademark examination.
The objective is to develop a more integrated and intelligent examination system through closer collaboration between examination professionals and AI technologies, while maintaining appropriate safeguards for information and data security.
The Plan also emphasises the development of professional examination teams, particularly in emerging technological fields, and the strengthening of institutional support, quality management and examination infrastructure.
Comment
The proposed initiatives concerning AI-related inventions, emerging technologies, deceptive trademarks and malicious trademark applications indicate that future examination practices are expected to respond more closely to developments in technology and market activities. At the same time, the stronger focus on international cooperation reflects the increasing importance of overseas IP protection and cross-border portfolio management for Chinese businesses.
For businesses and IP practitioners, the Plan provides useful guidance for reviewing existing IP strategies and preparing for future regulatory developments. Companies operating in technology-intensive industries should pay particular attention to evolving patentability and disclosure requirements for AI-related inventions, while trademark owners should review their filing strategies, ensure that applications are supported by genuine commercial needs and maintain proper evidence of trademark use. Businesses with international operations should also consider more systematic overseas patent and trademark planning, taking into account differences in examination standards across jurisdictions.