What do you mean by abnormal patent application?

Abnormal patent application behavior refers to: the same unit or individual submits multiple patent applications with obviously the same content; The same unit or individual submits a number of patent applications that obviously plagiarize the existing technology or design; A number of patent applications submitted by the same unit or individual are made by simply replacing or piecing together different materials, components, proportions and parts submitted by different units or individuals; The same unit or individual submits multiple patent applications with obviously fabricated experimental data or technology; The same unit or individual submits multiple patent applications for randomly generating product shapes, patterns or colors by using computer technology; Help others to submit or patent agencies to submit patent applications of the type described in 1 to 5.

Relevant punishment measures for abnormal patent application:

For abnormal patent applications, in addition to handling the submitted patent applications in accordance with the provisions of the Patent Law and its implementing rules, the following measures can also be taken according to the situation:

1. The patent fee shall not be reduced; If the fee has been reduced or exempted, it is required to pay the fee for reduction or exemption; If the circumstances are serious, the patent fee shall not be reduced or exempted within five years from the year;

2. Inform on the website of China National Intellectual Property Administration Municipal Government and China Intellectual Property News, and incorporate it into the national credit information sharing platform;

3. Deduct the number of abnormal patent applications from the statistics of the number of patent applications in China National Intellectual Property Administration;

4. Intellectual property offices at all levels shall not provide financial assistance or encouragement; Has been funded or rewarded, all recovered; If the circumstances are serious, it will not be funded or rewarded within five years from that year;

5. The All-China Patent Agents Agreement takes industry self-discipline measures against patent agencies and patent agents who engage in abnormal patent application, and the Patent Agents Disciplinary Committee will give corresponding punishment according to the Disciplinary Rules for Patent Agents (Provisional) when necessary;

6. If the circumstances are serious enough to constitute a crime, it shall be transferred to the relevant authorities for criminal responsibility according to law.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.