What materials are needed for patent priority examination?

Inventions and creations are the result of intellectual labor. Invention and creation activities are a factual act and are not subject to restrictions on civil capacity. Therefore, regardless of whether the person engaged in invention and creation has full capacity for civil conduct, as long as he completes the invention and creation, he should be recognized as the inventor or designer. Below, the editor of Legal Savior Network will compile relevant information for you, hoping it will be helpful to you.

What materials are required for priority patent examination

Invention patent applications are generally the same as other two Similar patent applications are also handled in accordance with the established review procedures, but invention patent applications in some special design industries or technologies can be reviewed with priority.

1. Which invention patent applications can be applied for Priority review

1. Involving energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, etc. Important patent applications in the technical field;

2. Important patent applications involving low-carbon technology, resource conservation, etc. that are conducive to green development;

3. A first-time patent application in China and an application filed in other countries or regions for the same subject matter;

4. Other patent applications that are of great significance to national interests or public interests and require priority review.

2. What materials do applicants for invention patents need?

Applicants for invention patents who apply for priority examination should submit the following materials:

1. The intellectual property offices of provinces, autonomous regions, and municipalities directly under the Central Government shall review and sign opinions and stamp them. "Request for Priority Examination of Invention Patent Application" with official seal;

2. A search report in the prescribed format issued by a unit with patent search conditions, or by other Search reports and examination results issued by national or regional patent examination agenciesResults and their Chinese translations.

Relevant basis

State Intellectual Property Office "Administrative Measures for Patent Priority Examination" (2017) (No. 76).

Scope of acceptance

1. Involving energy conservation and environmental protection, new generation information technology, biology, high-end Equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries;

2. Involving provincial and districted municipalities Industries encouraged by the people's government;

3. Involving the Internet, big data, cloud computing and other fields with fast technology or product updates;

4. The patent applicant or reexamination requester is ready for implementation or has started implementation, or there is evidence that others are implementing the invention;

5. A first-time patent application filed in China for the same subject matter and then filed in other countries or regions;

6. Others that are of great significance to national interests or public interests require priority review.

Acceptance conditions

1. The patent applicant belongs to the administrative region of our province;

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2. Invention patent applications requesting priority examination shall enter the substantive examination process. Utility model and design patent applications requesting priority examination shall have issued an acceptance notice and have Pay the application fee;

3. The application method for patent applications requesting priority examination is electronic application. If the application method is paper application, it must be converted to electronic application first. Priority review can only be requested after the conversion is successful;

4. Submit existing technology or existing design information materials and relevant supporting documents;

Acceptance materials

1. "Request for Priority Examination of Patent Application";

2. Existing technology or existing design information materials;

Existing technology refers to (Invention or utility model) Technology that is known to the public at home and abroad before the filing date. This includes technologies that have been publicly published in domestic and foreign publications, publicly used at home and abroad, or otherwise known to the public before the filing date (if priority is given, the priority date). Applicants should focus on submitting existing technical documents that are closest to the invention or utility model patent application.

Existing designs refer to designs that are known to the public at home and abroad before the filing date of a design patent. Applicants should focus on submitting existing design information that is closest to the design patent.

3. Relevant supporting documents;

Relevant supporting documents mainly refer to proving the patent application case It is a necessary certification document that meets the priority review circumstances listed in the new "Measures".

For situations where Article 4 of the scope of acceptance is ready for implementation or has begun implementation and there is potential infringement by others, the applicant needs to submit relevant evidence. To prove that it is ready for implementation, you can provide product photos, product catalogs, product manuals, etc.; to prove that implementation has begun or there is potential infringement, you can provide proof of product transactions or sales, such as sales contracts, product supply agreements, purchase invoices, etc.

4. Submit a power of attorney when entrusting another person to handle the matter. The power of attorney indicates the entrustment matters, the name of the trustee and the ID number.

Process

1. Submit the priority application form and requirements in person or by mail Relevant materials;

2. Receive the review opinion notice issued by the Patent Office Examination Department of the State Intellectual Property Office;

Place of undertaking

For situations where implementation is ready or has already started and there is potential infringement by others, the applicant needs to submit relevant evidence. To prove that implementation is ready, you can provide product photos, product catalogs, product manuals, etc.; to prove that implementation has begun or there is potential infringement, you can provide product transaction or sales proof, such as sales contracts, product supply agreements,Purchase invoices, etc.

The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, we can understand that a patent application can only be called a patent application before it is authorized. If it is finally authorized, it can be called a patent and have the exclusive right to implement the technical scope requested. If you have any other questions, please feel free to consult online.