If the patent administrative department in the State Council finds that the application documents are not in conformity with the provisions of the Patent Law during the preliminary examination, it will give the applicant the opportunity to make corrections. Notify the applicant to make corrections within the specified time limit. If the applicant fails to make corrections without justifiable reasons, his application shall be deemed to have been withdrawn. If it still does not meet the requirements after correction, the administrative department for patent in the State Council shall reject it. If the applicant refuses to accept it, he may request the Patent Reexamination Board for reexamination. In the preliminary examination procedure of the invention patent, the examiner shall follow the following examination principles: 1, the principle of confidentiality, and be responsible for keeping confidential the unpublished or announced patent application documents and other contents related to the patent application and other information that is not suitable for disclosure; 2. The principle of written examination; 3. The principle of hearing; 4, the principle of program preservation.
Article 9 of the Patent Law of People's Republic of China (PRC). Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.