The request shall submit a search report on the patent for utility model, and indicate the patent number of the patent for utility model. Each request shall be limited to one patent for utility model.
The administrative department for patent in the State Council shall, after receiving the request for the retrieval report of the patent for utility model, conduct an examination. If the request does not meet the prescribed requirements, it shall notify the requester to make corrections within the prescribed time limit.
Second, the main contents of the utility model search report.
1. Description items of utility model patent (including patent number, application date, authorization announcement date, patentee/claimant, name, request number and request date);
2. Retrieved claims (including explaining and analyzing some claims that have not been retrieved);
3. Search field, search database and referenced comparison documents (type, document number, publication date and related claims);
4. Whether the retrieved claim conforms to the preliminary conclusion of novelty and creativity stipulated in Article 22 of the Patent Law, and supports a brief explanation and explanation of this conclusion.
5. Attach a copy of the referenced comparison document.
6. If the subject protected by the patent for utility model belongs to the above-mentioned situation that retrieval is unnecessary or restricted due to a single defect, the retrieval report must explain the reasons and make necessary analysis.
Third, the specific steps
1. The patentee makes a request.
2. The China National Intellectual Property Administration Patent Office accepts the preliminary examination, the process management department accepts the request of the requester, and the utility model examination department conducts the formal examination.
3. China National Intellectual Property Administration Patent Examination Cooperation Center made a search report.
4. China National Intellectual Property Administration Patent Office issued a search report.
5. The utility model patent retrieval report correction,
6. After the China National Intellectual Property Administration Patent Examination Cooperation Center found the errors in the retrieval report of utility model patents,
7. You can correct yourself,
8. And send the corrected search report to the requester,
9 Replace the original search report.
Fourth, matters needing attention
1. China National Intellectual Property Administration standard utility model patent retrieval report request.
2. Determine the legal claimant: the claimant should be consistent with the patentee. If the claimant is a company, the petition should be stamped with the official seal of the company.
3. Where the patentee entrusts an agency to handle the matter, it shall submit a power of attorney for the patent at the same time as the request, and affix its seal on the request. However, a patent agency cannot act as a requester.
4. Submit or specify the correct retrieval text: the retrieval text should be a patent document for utility model authorized to be announced, or a patent document that is still valid after the decision on examining the request for invalidation takes effect.
5. Each request shall be limited to one patent for utility model. If there is no oneness between the themes protected by the patent for utility model, the claimant shall pay the additional search fee in time after receiving the notice from China National Intellectual Property Administration about paying the additional search fee.
6. The legal status of utility model patent should be correct.
7. The submitted documents shall be complete. Including the request in duplicate and the utility model patent certificate in duplicate. If any, it also includes two copies of the patent power of attorney, the decision on examining the request for invalidation or revocation, and two copies of the notice of patent termination.
8. Pay the search fee to China National Intellectual Property Administration Patent Office in time.
Verb (abbreviation of verb) cost: 500 yuan