How to conduct preliminary examination of invention patent application

With the development of modern society, the level of science is gradually improving, people are delving deeper and deeper into knowledge, and their innovative spirit has also been greatly improved. More and more people have invented various patents, but how to prepare an invention patent? How about applying? The editor of Legal Savior Network will introduce it to you below, hoping it will be helpful to you.

How to conduct preliminary examination of invention patent application

The preliminary review is a review of the content of the application documents. It is the process of accepting the application and Publication is a necessary process between applications. The scope of the preliminary review mainly involves the following aspects:

(1) Review of Obvious substantive defects.

Obvious substantive deficiencies that should be reviewed include: Application Whether the subject matter of the invention patent is obviously not an invention stipulated in the Patent Law and its implementing rules; whether the subject matter of the invention patent application is obviously in violation of national laws, social ethics or harmful to public interests; whether the content of the invention patent application is obviously not patentable; Scope, whether the application obviously does not comply with the requirement of unity of invention. During the preliminary examination, when the examiner requires the applicant to amend the application for the purpose of publishing the application, whether the amendment proposed by the applicant obviously exceeds the scope recorded in the original description and claims, Whether the drafting of the description and claims obviously does not comply with relevant regulations.

In principle, substantive issues will not be examined in the preliminary examination. The substantive defects described above should be limited to being "obvious" and affecting publication.

(2) Review of the applicant and agency matters.

(3) Review the application documents submitted by the applicant Whether and other documents related to the patent application comply with the formal requirements stipulated in the Patent Law and its implementing regulations.

(4) Applications for certain special patents review. Special review of applications that are divisional applications or applications involving biological materials that need to be preserved, etc.

(5) Review of other issues. For example, invention patent applications accepted by the State Intellectual Property Office that involve national defense-related national secrets that need to be kept confidential should be handed over to the relevant competent authorities for review, etc.

The above is the editor’s preliminary approach to invention patents Make an introduction to the application. Invention patents are a manifestation of the improvement of scientific research levels and a reflection of personal abilities. But when applying for an invention patent, you should pay attention to the application issues. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.