Patent preliminary examination refers to the accepted patent application, which will automatically enter the preliminary examination stage if the application fee is paid in accordance with the regulations. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected.
Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above review, the application for a patent for utility model and design should also review whether it is obviously the same as the existing patent, rather than a new technical scheme or a new design. If no reason for rejection is found after preliminary examination, it will enter the patent publication stage.
The actual examination of a patent means that after the publication of an application for a patent for invention, if the applicant puts forward a request for substantive examination and it has taken effect, the applicant will enter the actual examination procedure. Where an application for a patent for invention has not been submitted for trial within three years from the date of application, or the request for trial has not taken effect, the application shall be deemed to have been withdrawn.
In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application.
If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.