What to do after the patent passes the preliminary examination
After different patents pass the preliminary examination , the processing methods are also different. If the invention patent passes, the Applicant can be given a notice of invention substantive examination. If the utility patent and appearance patent pass the preliminary examination, the management department will make an authorization decision.
"Patent Law of the People's Republic of China"
Article 34: After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
What are the contents of the preliminary examination of a patent application?
Depends According to the provisions of the "Patent Law", the contents of the preliminary examination of invention patents are: 1. Whether the applicant's application documents are complete and whether the writing complies with the "Patent Law".2. Whether the identity of the applicant is legal and whether all supporting documents are complete. If the applicant is a foreigner, whether he or she has entrusted an agent in accordance with the law; 3. Whether the invention and creation for which the patent is being applied for violates national laws, social ethics or harms public interests and is not subject to patent rights; 4. Whether the applicant has paid the application fee, etc. .
According to the provisions of the Patent Law, the main contents of the Patent Office’s preliminary examination of utility model patents and design patents are: 1. Whether the writing of the application documents complies with requirements; 2. Whether the modification of the document exceeds the legal limit; 3. Whether the applicant's qualifications are legal, and whether the foreign applicant has entrusted a legal agency to handle the patent application; 4. Whether the utility model or design violates the law and social ethics or harming the public interest, and whether it is an invention that does not grant patent protection; 5. Whether the application meets the requirements of unity; 6. Is there the possibility of repeated authorization; 7. Is it a subsequent application for two identical utility model or design patent applications? People etc. It can be seen from the above that the preliminary examination of utility models and designs includes both formal examination and some necessary substantive examination.
In the preliminary examination, if the application documents do not comply with the requirements of the patent law, the patent administration department of the State Council shall give the applicant an opportunity to make corrections and notify the applicant in the designated Make corrections within the time limit. If the applicant fails to make corrections without justifiable reasons, his application will be deemed to have been withdrawn. If the application still does not meet the requirements after correction, the patent administration department of the State Council shall reject it. If the applicant is dissatisfied, he or she may request a reexamination by the Patent Reexamination Board.
Article 40 of the "Patent Law" stipulates: "If no reason for rejection of a utility model design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant a utility model design patent. The decision on the new patent right or the design patent right shall be issued with the corresponding patent certificate, and shall be registered and announced at the same time. The utility model patent right and the design patent right shall take effect from the date of announcement." This regulation shows that my country's utility model patent rights and design patents are subject to preliminary examination only. Therefore, the patent administration department of the State Council should strictly examine patent applications for utility models and designs in accordance with the Patent Law, and promptly grant patent rights to applications that meet the authorization conditions.
What are the tasks of preliminary examination of patent applications
( 1) Examine whether the application documents submitted by the applicant comply with the provisions of the Patent Law and its Implementing Rules. When it is found that there are deficiencies that can be corrected, the applicant will be notified to eliminate the deficiencies by making corrections so that they meet the conditions for publication; if it is found that there are insurmountable deficiencies When a defect is found, a review opinion shall be issued specifying the nature of the defect.quality, and end the approval process as early as possible by rejecting it.
(2) Examine whether other documents related to the patent application submitted by the applicant at the same time or subsequently as to whether they comply with the provisions of the Patent Law and its implementing regulations , when a document is found to have a defect, the applicant will be notified to eliminate the defect by making corrections, depending on the nature of the defect, or a decision will be made directly to treat the document as not submitted.
(3) Examine whether other documents submitted by the applicant related to the patent application are within the time limit stipulated in the Patent Law and its implementing regulations or designated by the Patent Office Submit within the time limit; if the application is not submitted within the time limit or is submitted beyond the time limit, a decision will be made to treat it as withdrawn or deemed not to have been submitted according to the circumstances.
(4) Examine whether the amount and duration of relevant fees paid by the applicant are in compliance with the provisions of the Patent Law and its implementation rules, if the fees are not paid or are not paid in full or If the payment is overdue, a decision will be made to deem it withdrawn or deemed not to have been made, depending on the circumstances.
The above knowledge is the editor's answer to the question "What to do after the patent passes the preliminary examination?". Different patents are handled in different ways after passing the preliminary examination. If the invention patent passes, a notice of invention substantive examination may be sent to the applicant. If the utility patent and appearance patent pass the preliminary examination, the administrative department shall make an authorization decision. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
