1. If China National Intellectual Property Administration preliminarily determines that there is an abnormality in the patent application, it may form a special examination working group or authorize the examiner to start a special examination procedure, handle it in batches, notify the applicant, and ask him to immediately stop the relevant behavior, voluntarily withdraw the relevant patent application or go through legal procedures within the prescribed time limit, or state his opinions.
2. If the applicant refuses to accept the preliminary determination of the abnormality in the patent application, he shall state his opinions within the specified time limit and submit sufficient supporting materials. If no reply is made within the time limit without justifiable reasons, the relevant patent application shall be deemed to have been withdrawn and the relevant legal procedures shall be deemed to have not been submitted.
3. After the applicant's statement, if China National Intellectual Property Administration still thinks that it belongs to an abnormal patent application, it may reject the relevant patent application according to law or refuse to approve it according to relevant legal procedures. Legal objectivity: Article 2 of the Measures for Regulating the Behavior of Patent Application: Review the actual R&D capability and resource conditions of the applicant/inventor;
Where the number of patent applications does not match the research and development strength, it must be an abnormal patent; However, the application is consistent with the strength of research and development, and it is not necessarily a normal patent.
If the applicant is a new company established within 12 months and has no paid-in capital, it is suspected of fraud on behalf of the company and needs to provide additional proof of R&D strength;
If the applicant has been a company for more than 12 months, but fails to pay social security and paid-in funds, it is suspected that it is fraud on behalf of the company, and additional proof of R&D strength is required;
The applicant is an individual over the age of 22, but not a shareholder of an R&D strength enterprise (an R&D strength enterprise refers to a company with paid-in capital or social security). He is suspected of filing a case for himself and needs additional proof of R&D strength;
The applicant/inventor is an individual under the age of 22, and needs to provide additional proof of R&D strength;
Applicants are limited to submit 3 or less pieces per month and 9 or less pieces per year. If there is excess, additional proof of R&D strength is needed;
Each applicant is limited to apply for one patent of major category 1 item (accurate to the level of major category, such as F 16). If multiple categories are involved, R&D strength needs to be proved.
Note: Patent classification number is automatically obtained before patent application through "Xinhu Net-Patent Classification Prediction System".
Review and handling: suspected patent fabrication, return the case, explain the harm of abnormal patents, request supplementary proof of R&D strength, and strictly review.