(1) Sequential examination: Except for special circumstances, the examiner shall examine the utility model patent application in sequence according to the filing date or the time when the patent application file is submitted to the examiner, so as not to make some defects more common Or the case files that are more difficult to examine have been in the hands of examiners for a long time, ensuring the smooth operation of the utility model patent examination process. The above-mentioned special circumstances refer to utility model patent applications in which the applicant requests in writing to the Patent Office to advance or postpone the examination and the request is approved by the Director of the Patent Office. In this case, the examiner shall keep the written document in the case file for future reference. (2) Principle of written review: During the review procedure, written documents should be used as the basis and the written documents should be included in the case file. Except for the obvious errors in words and symbols that do not involve rights, which are stipulated in Paragraph 4 of Article 51 of the Implementing Rules of the Patent Law, which can be corrected ex officio, the examiner shall notify the patent applicant to make any modifications to replacement pages. The original documents should be kept in the case file and should not be returned to the applicant. Applications that require meetings or demonstrations by applicants from other places should be reported to the Director of this Examination Division, and the applicant can be notified only with the consent of the Director; if the applicant is required to provide samples, they must be approved by the Director. (3) Principle of proof: During the examination of utility model patent applications, when the examiner is ready to reject a patent application, he should have sufficient legal basis:
"People's Republic of China*" **Article 26 of the Patent Law of the Republic of China" When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.