Consult and copy patent application documents
The Patent Office can provide patent applicants (patentees), agencies and the public with the contents of patent application documents that can be consulted and copied according to regulations, such as relevant application documents submitted by patent applicants according to law, various notices and decisions issued by the Patent Office according to law in the examination procedures, etc. The requester can understand the approval process of the patent application by consulting and copying the files in the patent application documents.
I. Patent Application Documents and Composition
Patent application documents are a collection of all kinds of documents, including archives and electronic documents, which are gradually formed in the patent application examination procedure and within the validity period of patent rights and kept as original records for future reference. Patent application documents are the basis for the patent office to approve and make various conclusions. The documents in the patent application documents mainly come from the following aspects:
1. Patent application documents and other documents submitted by the applicant when filing a patent application.
2, the patent office in the process of reviewing patent application documents and other documents, the applicant shall make various answers at the request of the examiner.
3, after filing a patent application, the documents and certification materials submitted by the applicant when taking the initiative to go through various formalities.
4, in the process of patent application review and the validity of the patent right, all kinds of documents submitted by anyone to the patent application (or patent) according to law and the documents produced by the people's court and other departments after hearing these documents.
5. Other relevant documents.
Second, the principle of consulting and copying patent application documents
1. The Patent Office is responsible for keeping confidential the application for a patent for invention before publication and the application for a patent for utility model and design before authorization announcement. During this period, the applicant's access and reproduction are limited to the applicant and his patent agent.
2. Anyone can request the Patent Office to consult and copy the published application documents for invention patent and the authorized application documents for utility model and design patent.
3. In principle, the files of reviewed cases and concluded cases of invalidation can be consulted and copied.
4. The Patent Office and the Patent Reexamination Board shall be responsible for keeping confidential the reexamined and invalid files that have not been concluded. For the documents in the invalid procedure, the claimant is limited to the parties to this case.
5. The conclusion of the case is the review and invalid case file that is regarded as not filed, inadmissible, voluntarily withdrawn and withdrawn. For the documents in the review and invalidation procedure, the claimant is limited to the parties to the case.
6. The Patent Office and the Patent Reexamination Board may, in principle, consult and copy various documents provided by the parties according to the needs of examination. However, consulting and copying may harm the legitimate rights and interests of the parties concerned, or involve personal privacy or business secrets.
7, involving national interests or because of the internal business and management needs of the Patent Office and the Patent Reexamination Board, shall not consult and copy the relevant documents.
Three, the contents of the patent application documents are allowed to consult and copy.
1. For an application for a patent for invention before publication, an application for a patent for utility model before authorization announcement and an application for a patent for design, the patent applicant or his agent may copy the relevant contents in the patent application file, including the application documents, the program documents directly related to the application, the notice and decision sent to the applicant in the preliminary examination procedure and the text of the applicant's reply to the notice.
2. For the file of an application for a patent for invention that has been published but has not been announced for granting a patent right, you can consult and copy the relevant contents in the file of the patent application as of the publication date, including: application documents, program documents directly related to the application, publication documents, notices and decisions issued to the applicant in the preliminary examination procedure, and the text of the applicant's reply to the notice.
3. The contents that can be consulted and copied for the patent documents that have been announced to be granted the patent right include: application documents, procedural documents directly related to the application, publication documents of invention patent applications, pamphlets of invention patents, utility model patents and design patents, patent registers, patent evaluation reports, and notices and decisions issued by the Patent Office and the Patent Reexamination Board to applicants or interested parties in various final review procedures (including preliminary examination, substantive examination, reexamination and invalidation, etc.). ).
The documents in the review and invalidation procedure shall be limited to the parties before the conclusion of this application; The conclusion of the case is that it is regarded as an invalid case file that is not filed, not accepted, voluntarily withdrawn and withdrawn, and the documents in the invalid procedure are limited to the parties to this application.
4. If the patent application documents that have not been closed in the reexamination procedure or the invalidation procedure need to be consulted and copied due to special circumstances, with the consent of the parties concerned, the contents of the patent application documents shall be consulted and copied with reference to the relevant provisions of the above-mentioned items (1) and (2) before entering the current examination procedure.
Four. Methods of consulting and copying patent application documents
1, for patent application documents.
Registered users of electronic applications and the public can consult patent application documents for patent applications submitted after February 20 10/0 according to their own inquiry identities through the China patent inquiry system; For patent applications filed before February 20 10 10, you can go through the patent examination process service window of the patent office to consult the patent application documents.
The thesis applicant can make public identity inquiry, make corresponding inquiry through China Patent Inquiry System, or go through the patent application document consulting procedures through the patent examination process service window of the Patent Office.
Note: The website of China Patent Inquiry System is:
2. Copy of patent application documents
(1) Copy of ordinary patent application documents
The patentee may request the patent office to copy the documents that have been allowed to be consulted in the patent application documents. In this way, the relevant documents provided by the patent office only include copies of the documents in the patent application documents.
(2) Copy the patent application documents by means of proof.
As evidence, the patentee may request the patent office to copy the documents that have been allowed to be consulted in the patent application documents. In this way, the relevant documents provided by the patent office consist of the certificate page and the copy of the document in the patent application document.
Five, request to consult and copy the materials required for the patent application documents.
1. The patent applicant or the party concerned requests to consult and copy the unpublished patent application documents.
(1) A request for examination of patent application documents signed or sealed by the applicant or the party concerned and a copy thereof shall be submitted.
(2) If the applicant or the party concerned is an individual, a copy of the applicant's identity card shall be submitted.
(3) If the applicant or the party concerned is a legal person and entrusts a staff member to handle the matter, a power of attorney sealed by the applicant and a copy of the agent's ID card shall be submitted. The power of attorney shall specify the name of the agent and indicate his identity card number.
(4) If the applicant or the party concerned is a legal person, when entrusting others to handle relevant business, a power of attorney signed by the applicant and a copy of the agent's ID card shall be submitted. The power of attorney shall specify the name of the agent and indicate his identity card number.
2. The patent agency requests to consult and copy the unpublished patent application documents.
A patent agency shall submit a request for consulting and copying the patent application documents signed by the agency, and a copy of the agent's certificate or ID card.
3, consult and copy the patent application documents that have been published or announced.
Submit a request for consulting and copying patent application documents signed or sealed by the applicant.
4. Copy the patent application documents by proof.
Where the claimant requests the patent office to copy the patent application documents by way of proof, he shall submit the corresponding certificates or explanatory documents in addition to the above-mentioned relevant documents.
For example:
(1) Provide relevant documents issued by customs, courts, industry and commerce, competent departments of business and higher-level leading organs to explain the need to use the Patent Office to copy patent application documents in the form of authentication as relevant evidence materials.
(2) A statement signed and sealed by the petitioner, indicating that it is necessary to use the Patent Office to copy the patent application documents in the form of evidence as relevant evidential materials.
(3) Provide one of the above (1) or (2).
6. Requests for consulting and copying patent application documents.
Patent application documents can be obtained and copied in person or by mail.
(1) The interview request can be handled through the service window of the patent application process in the reception hall of the Patent Office.
(2) Mail request
Mailing address of the application: No.6, Xitucheng Road, Jimenqiao, Haidian District, Beijing
Name of addressee: Business Problem Management Division of the Preliminary Examination and Process Management Department of China National Intellectual Property Administration Patent Office (Problem Division of the Preliminary Examination Department of the Patent Office).
Postal code: 100088
Seven. Time for consulting and copying patent application documents
Face-to-face signing: issue relevant documents within ten working days from the date of submitting the request documents.
Mail request: relevant documents shall be issued within ten working days from the date when the business handling department collects the requested information.
Note: Due to the mail route and delivery time between the receiving and dispatching department and the business department of the Patent Office, it takes 15 to 20 working days for general documents to be issued from the date when the requester mails the request documents.