Whether the review of an application to declare the invalidation of a utility model patent right is a substantive review
my country’s patent law has initially implemented utility patents There is an examination system, so the examination of an application to declare the utility model patent right invalid is a preliminary examination, not a substantive examination.
Based on the "Patent Law of the People's Republic of China"
Article 40 Utility model and design patent applications undergo preliminary examination If no reason for rejection is found, the patent administration department of the State Council shall make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
Characteristics of utility patents
(1). Utility models are for products Generally speaking, any method (regardless of whether it is novel and practical) does not fall within the scope of a utility model.
(2). Products that are subject to utility models are only It can be a product with three-dimensional shape and structure. It cannot be a gaseous product, a liquid product, or a solid product in the form of powder, paste, or granule.
(3). Products that are the subject of utility models must It is practical and can be used in industry.
(4). Products that are the subject of utility models must It is a freely movable item.
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