What is the purpose of the review of invention content?

The substantive examination of the invention patent shall examine the following contents:

(1) Whether the invention for which the patent is applied belongs to the invention mentioned in the Patent Law, and whether it is novel, creative and practical.

(2) Whether the invention for which a patent is applied violates state laws, social ethics and public interests, and whether it falls within the scope of not granting a patent right.

(3) Whether the patent application meets the requirements of oneness.

(4) Whether it belongs to the first applicant and whether the priority claim is established.

(5) Whether the description clearly and completely describes the content of the invention, and whether the writing of the description meets the requirements.

(6) Whether the patent claim states the scope of protection on the basis of the specification, and whether the writing of the patent claim conforms to the provisions.

(seven) whether the applicant is beyond the scope of the original specification (including the appended drawings) and the claims when amending the application or submitting the divisional application.

(eight) other contents that need to be reviewed.

legal ground

Article 35 of the Patent Law stipulates that within three years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, conduct a substantive examination of the application; 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.