What is the scope of preliminary examination of invention patents?
1. What is the scope of preliminary examination of invention patents? According to the provisions of the patent law, the scope of preliminary examination of invention patents includes: whether the applicant's application documents are complete, whether the writing conforms to the provisions of the patent law and its implementing rules; Whether the applicant's identity is legal and all kinds of supporting documents are complete. If the applicant is a foreigner, whether to entrust an agent according to law; Whether the invention-creation for which a patent is applied violates national laws, social morality or harms public interests, and whether it belongs to the object of not granting a patent right; Whether the applicant has paid the application fee, etc. According to the provisions of the patent law, the main contents of the preliminary examination of utility model patents and design patents by the patent office include: whether the writing of application documents meets the requirements; Whether the modification of the document exceeds the legal limit; Whether the applicant's qualification is legal, and whether the foreign applicant has entrusted a legal agency to handle the patent application; Whether the utility model or design violates the law, social morality or hinders the public interest, and whether it is an invention-creation that does not enjoy patent protection; Whether the application meets the requirements of oneness; Whether there is the possibility of repeated authorization; Whether it is a post-applicant of two identical utility model or design patent applications, etc. As can be seen from the above, the preliminary examination of utility model and design includes both formal examination and some necessary substantive examination. Patent preliminary examination, also known as "formal examination" or "format examination", is a review conducted by the patent administrative department of the State Council on whether the application for a patent for invention, utility model and design meets the formal conditions. The main purpose of preliminary examination is to find out whether the invention applying for patent meets the formal requirements, so as to prepare for future public examination and substantive examination; Find out whether the utility model and design applying for patent conform to the provisions of the patent law on granting patent right, and grant patent right to the utility model and design that meet the authorization conditions according to law. To sum up, the invention patent has the significance of legal protection only if it is innovative enough, and it will not cause waste of social resources. However, whether the applicant can register depends on whether the applicant has basic qualifications, whether the relevant patent application materials have been submitted at the time of preliminary examination, and whether he can enter the next review after the payment is completed.