What is the scope of preliminary examination for invention patents
(1) Formal review of application documents, including whether the patent application contains the application documents specified in Article 26 of the Patent Law, and the format of these documents Whether it is obviously inconsistent with the provisions of Articles 17, 18, 19, 20, and 24 of the Implementing Rules of the Patent Law, or it is inconsistent with Article 4 and Article 4 of the Implementing Rules of the Patent Law. The provisions of paragraph 1 of Article 16, Article 118 and Article 120.(2) Examination of obvious substantive defects in the application documents, including whether the patent application clearly falls within the provisions of Articles 5 and 25 of the Patent Law, or Does not comply with the provisions of Article 18, Article 19, Paragraph 1 of the Patent Law, or is obviously inconsistent with Article 31, Paragraph 1, Article 33 of the Patent Law or Article 2, Paragraph 1 of the Implementing Rules of the Patent Law , the provisions of Articles 18 and 20.
(3) Formal examination of other documents, including whether other procedures and documents related to the patent application comply with Articles 24 and 29 of the Patent Law Articles, Article 30, and Articles 7, 8, 14, Article 16, paragraphs 3 and 4, Article 25, Article 31, Article 3 of the Implementing Rules of the Patent Law Article 12, Article 33, Article 34, Article 37, Article 41, Article 42, Article 43, Article 45, Article 46 Article 86 and Article 98.
(4) Review of related expenses, including whether the patent application is in accordance with Articles 90, 92 and 93 of the Implementing Rules of the Patent Law , paid the relevant fees in accordance with the provisions of Article 97.
Through the above introduction, I believe you already have a certain understanding of the scope of preliminary examination of invention patents. But if in life, you If the situation you encounter is relatively complicated, it is recommended that you go to the Legal Savior Network for online lawyer consultation. According to your needs, a professional lawyer will provide you with help.
