What is the content of substantive examination of process patents
Process patents belong to Appearance Designs are subject to formal review and do not require substantive review.
Appearance design is mainly made of the administration, pattern or combination of the product, as well as the combination of color, shape, and pattern, which is aesthetically pleasing and suitable for industrial applications. New design.
The design review is mainly conducted by the Design Review Department. The Design Examination Department is responsible for the classification, preliminary examination and examination business management of design patent applications, and is responsible for the management of design patent application files from the time of acceptance to the issuance of the authorization notice.
What are the contents of design patent review
1. Whether the design patent application has the documents stipulated in Article 27 of the Patent Law and other necessary documents, and whether these documents comply with the prescribed format;
2. If the applicant entrusts a patent agency to handle the patent application, is there a power of attorney?
3 , if a foreign applicant who does not have a habitual residence or business office in China applies for a patent, does it not comply with the provisions of Article 18 of the Patent Law and is not qualified to file a patent application in China?
4. Whether foreign applicants who do not have a regular residence or business office in China have entrusted a foreign-related patent agency designated by the State Council or the Patent Office authorized by the State Council to handle their patent applications and other patent affairs;
5. Whether the patent application fee has been paid;
6. Whether the patent application obviously violates national laws, morals, and public interests;
7. Whether the patent application meets the requirements of unity ;
8. Whether the applicant's modifications to his application documents obviously exceed the scope of the original drawing or photo;
9. In accordance with the provisions of Article 2, Paragraph 3 of the Implementing Rules of the Patent Law, whether the subject matter of the patent application is obviously not a design as stated in the Patent Law;
10. Does it comply with the requirement that only one patent can be granted for the same design?11. In accordance with According to the provisions of Article 9 of the "Patent Law", whether one is the first applicant.
The above is the content related to the substantive examination of process patents compiled by the editor for you. , for invention patents, the Patent Office can conduct formal examination and substantive examination according to specific circumstances, but for design and utility model patents, only formal examination can be conducted, not substantive examination. If you still don’t understand If you are in a different place, you may wish to consult with the lawyers at our Legal Savior Network.
