1. What to examine in the preliminary examination of invention patents
1. Invention The contents of the preliminary examination of the patent are as follows:
(1) Examination of obvious substantive defects.
Obvious substantive defects that should be examined include: whether the subject matter of the invention patent application is obviously not an invention stipulated in the Patent Law and its implementation rules; Whether the subject matter obviously violates national laws, social ethics or harms public interests, whether the content of the invention patent application obviously falls within the scope of not granting patent rights, whether the application obviously does not comply with the provisions of unity of invention, and whether the examiner in the preliminary examination intends to publish the application. When requiring the applicant to amend his or her application, whether the amendments proposed by the applicant clearly exceed the scope recorded in the original description and claims, and whether the drafting of the description and claims clearly does not comply with relevant regulations.
In principle, substantive issues will not be reviewed during the preliminary review. The substantive defects described above should be limited to being "obvious" and affecting publication.
(2) Review of the applicant and agency matters.
(3) Examine whether the application documents and other documents related to the patent application submitted by the applicant comply with the formal requirements stipulated in the Patent Law and its implementing regulations.
(4) Examination of certain special patent applications. 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.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 34 After the patent administration department of the State Council receives an application for an invention patent, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may Publish the application as soon as possible according to the applicant’s request.
2. Patent substance Contents of review
(1) Whether the subject matter of the patent application is an invention within the meaning of the Patent Law and its implementing regulations, and whether the patent right cannot be granted The scope of the application.
(2) Whether the subject matter of the patent application violates national laws, social ethics or harms public interests.
(3) Whether the patent application meets the requirements for unity of invention.
(4) If the applicant proposes to amend or divide the application Whether the application exceeds the scope recorded in the original description (including drawings) and claims.
(5) When the application claims priority, If it is found that another person has filed another patent application on the same subject between the priority date and the filing date, or if a search finds that there are relevant comparative documents published during this period, it should be examined whether the priority claim is established.
(6) Based on the retrieved comparative documents, determine whether the technical solution claimed in the invention patent application is novel and creative, and determine whether the claimed invention is practical.(7) Whether the description has given a clear and complete description of the invention claimed in the invention patent application, enabling those skilled in the field to realize it.
(8) Whether the claim clearly and briefly states the scope of the requested protection, whether the claim is based on the description, and whether the independent claim includes the solution to be solved by the invention. The necessary technical characteristics of the technical problem.
According to the provisions of the Patent Law, the contents of the preliminary examination of invention patents include: examination of obvious substantive defects; Review of subject and agency matters; review of application documents submitted by the applicant and other documents related to the patent application to see if they comply with regulations, etc. I hope the above content can be helpful to you, if you have any otherFor questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
