< Patent Law > stipulates: What is the examination of patent applications for utility models and designs, and why?

On the one hand, the formal examination of utility model and design patent applications is difficult due to the lack of examination power, and it requires a large number of high-level examiners, which is easy to cause a large backlog. On the other hand, compared with the invention, the technical content of the utility model and the design is low. Moreover, at present, there is basically no substantive review of utility models in theory and time in various countries.

China implements a preliminary examination system for applications for design patents and utility model patents. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice.

At the same time, the examiner will examine whether it is a design patent or a utility model patent to protect customers. If there is a customer who does not belong to the design patent or utility model patent to protect the customer, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.

Extended data:

Article 40 of the Patent Law of People's Republic of China (PRC): If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the patent administration department of the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.

China's current patent law only conducts formal examination of utility model patents and design patents, but does not conduct substantive examination. This not only reduces the pressure of examination and approval, but also causes the problem that the number of formal examination patents is rampant but the quality is generally low.

We must also examine the novelty, advancement and practicability of the invention. Substantive examination can ensure the quality of patents, but it needs a large number of high-level examiners, which is easy to cause a large backlog.

References:

Baidu Encyclopedia-Patent Law