What is the content of patent examination?

The contents of patent examination are: whether the object of application belongs to the scope of invention, utility model and design, whether the application documents conform to the legal provisions, whether there are any objections to the contents of the application documents, whether there are reference materials related to the invention before the application date, and whether the applicant is qualified.

legal ground

Article 44 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

The term "preliminary examination" as mentioned in Articles 34 and 40 of the Patent Law refers to examining whether the patent application has the documents and other necessary documents specified in Article 26 or 27 of the Patent Law, and whether these documents conform to the prescribed format, and examining the following matters:

(4) Whether the application documents comply with the provisions of Article 2 and Paragraph 1 of Article 3 of these Rules.

Article 36 of the Patent Law of People's Republic of China (PRC)

When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.

Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.