Article 2 China National Intellectual Property Administration shall, at the request of the applicant, give priority to the qualified application for a patent for invention and close the case within one year from the date when the request for priority examination is approved.
Article 3 Where the priority examination is conducted according to the bilateral or multilateral agreements signed between China National Intellectual Property Administration and the patent examination institutions of other countries or regions, it shall be handled in accordance with the relevant provisions, and these Measures shall not be applicable.
Article 4 Applications for invention patents that can be given priority for examination include: important patent applications involving energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles and other technical fields; Important patent applications involving low-carbon technologies, resource conservation and other contributions to green development; China filed a patent application for the same subject in China for the first time and applied to other countries or regions; Other patent applications that are of great significance to national interests or public interests and need priority examination. Article 5 The number of priority applications for invention patents shall be determined by China National Intellectual Property Administration according to the examination ability of different professional and technical fields, the number of patents granted in the previous year and the number of applications pending this year.
Article 6 An application for a patent for invention requiring priority examination shall be an electronic application.
Where an application for a patent for invention that has not yet entered the substantive examination procedure requires priority examination, the applicant shall initiate the substantive examination procedure.
Article 7 An applicant who goes through the formalities of priority examination shall submit the following materials: the opinions of the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government on examination and signing, and the request for priority examination of an application for a patent for invention with official seal; A search report in a prescribed format issued by a unit with patent search conditions, or a search report and examination results issued by a patent examination institution in other countries or regions and its Chinese translation. Article 8 The term "patent retrieval conditions" as mentioned in Item (2) of Article 7 refers to: having the conditions stipulated in the Patent Examination Guide for using patent documents and non-patent documents for retrieval; The retrieval personnel have professional technical background and have received patent practice training and retrieval training; An application for a patent for invention requiring priority examination may be searched by searchers in the corresponding professional and technical fields in accordance with the relevant requirements of the patent examination guidelines. Article 9 China National Intellectual Property Administration is responsible for accepting and examining the request for priority review, and informing the applicant of the review opinions in time.
Article 10 China National Intellectual Property Administration shall promptly handle the application for a patent for invention that has been granted priority examination, and issue the first notice of examination opinions within 30 working days from the date when the request for priority examination is approved.
Article 11 For an application for a patent for invention requiring priority examination, the applicant shall make a reply or make corrections as soon as possible. The time limit for the applicant to reply to the notice of examination opinions is two months. If the applicant delays the reply, China National Intellectual Property Administration will stop the priority review and treat it as an ordinary application.
Twelfth approach by the China National Intellectual Property Administration is responsible for the interpretation of.
Article 13 These Measures shall come into force on August 20th, 20 12.