What is the search report in a patent application
It is the State Intellectual Property Office According to the request of the patentee or interested party, search relevant utility model patents or design patents, analyze and evaluate whether the patent complies with the authorization conditions stipulated in the Patent Law and its implementation rules, and make a local report. The patent right evaluation report is evidence for the People's Court or the patent management department to hear and handle patent infringement disputes.
"Patent Law of the People's Republic of China" Sixtieth Paragraph 2 of the article stipulates:
"Patent infringement disputes involve invention patents for new product manufacturing methods. Units or individuals that manufacture the same product shall provide their product manufacturing methods. Different from the verification of a patented method; if a utility model patent is involved, the people's court or the patent administration department may require the patentee to issue a search report made by the patent administration department of the State Council." This article clearly stipulates that the patentee files a lawsuit for infringement of a utility model patent If a patent lawsuit is filed, a search report issued by the Patent Administration Department of the State Council shall be issued to the People’s Court. This is because:
1. The grant of an invention patent must be subject to the State Council Patent Administration. The patent can only be granted after the administrative department has conducted a substantive review of its novelty, creativity, applicability, claims, description, etc., and the patent has sufficient legal stability;
2. The granting of utility model and design patents does not require substantive examination of their novelty, applicability, and creativity. Instead, the patent right is granted after only a preliminary examination. Compared with invention patents, their legal stability is lower. Relatively poor. Therefore, if the patentee files a lawsuit with the People's Court for infringement of a utility model or design patent by a third party, and the People's Court requires the patentee to issue a search report issued by the Patent Department of the State Council, it can further determine whether the patent right meets the conditions for invalidation. If the conditions for declaration of invalidity are met, the people's court may suspend the litigation,The patentee can also withdraw the lawsuit to reduce the loss caused by losing the lawsuit if the patent is declared invalid. At the same time, this is also a provision to restrict the abuse of rights by the patentee and protect social and public interests.
Everyone now knows the search report when applying for a patent. When we apply for a patent, we need to follow the relevant regulations to comply with the provisions of the law. Only such patents can be protected by law. Everyone needs to pay attention to this. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
