What are the examination principles for preliminary examination of utility model patent applications
(1) Sequential review: except for special circumstances , examiners should conduct examinations according to the filing date of utility model patent applications or the order in which patent application files are submitted to the examiner. Do not let some files with many defects or that are difficult to examine be left in the hands of examiners for a long time to ensure that utility model files are The patent examination process ran smoothly. The above-mentioned special circumstances refer to utility model patent applications in which the applicant requests in writing to the Patent Office to advance or postpone the examination and the request is approved by the Director of the Patent Office. In this case, the examiner shall keep the written document in the case file for future reference.
(2) Written review principles: in the review process should be based on written documents, and the written documents should be included in the case file. Except for the obvious errors in words and symbols that do not involve rights, which are stipulated in Paragraph 4 of Article 51 of the Implementing Rules of the Patent Law, the examiner shall notify the patent applicant to replace the page with any other modifications. When proceeding, the original documents shall be deposited in the case file and shall not be returned to the applicant. Applications that require meetings or demonstrations by applicants from other places should be reported to the Director of the Examination Division, and the applicant can be notified only with the consent of the Director; if the applicant is required to provide samples, they must be approved by the Director.
(3) Principle of proof: During the examination of utility model patent applicationIn operation, when the examiner is preparing to reject a patent application, he should have sufficient legal basis and support his reasons with facts, and should not just give a categorical conclusion. Especially when the reason for rejection falls under the circumstances mentioned in Section 5.6 of this Chapter, it should be clearly stated that the same product has been publicly sold and publicly used before the application date, the time and place, the name of the public publication, and the date of publication. If necessary, it can be appended. Include copies of relevant content.
(4) Hearing principles: in utility model patents During the application review process, applicants have the right to explain their opinions, requirements and propositions in a statement of opinion. When the examiner is preparing to reject a patent application, he must notify the applicant in advance of the reasons and the evidence supporting the reasons, and the applicant must state his opinions on the reasons before issuing a rejection decision. The reasons in the rejection decision must not include reasons that have not been notified. New reasons and/or new evidence from the applicant.
(5) Principle of economical procedure: the examiner should Work in accordance with the examination procedures for utility model patent applications, and the case should be concluded in the shortest possible procedure. When a patent application needs to be rejected, the examiner does not need to examine the formatting issues and does not need to require the applicant to correct its defects, thereby saving the time and workload of the examiner and the applicant.
The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
