In China, there are three kinds of patents: inventions, utility models and designs. China National Intellectual Property Administration and local intellectual property offices have approved the establishment of patent agencies, directly under the All-China Patent Agents Association to regulate patent agents and patent agencies, and directly under seven patent examination cooperation centers to examine patent applications, so as to achieve high-quality application coverage and efficient examination. In China National Intellectual Property Administration, efficient application is realized through patent license application, patent transfer registration, patent pledge registration, patent invalidation procedure and patent administrative law enforcement. High-level creation, China National Intellectual Property Administration must want to touch, but high-level creation was taken over by the company. China National Intellectual Property Administration can only build its periphery at a high level through patent navigation, patent micro-navigation, patent early warning and enterprise intellectual property management system certification.
legal ground
Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of his application at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.