Pre-trial (fast pre-trial): It means that intellectual property protection centers around the country provide pre-trial services for patent applications for enterprises that meet the requirements of corresponding industries, and China National Intellectual Property Administration speeds up the examination of patent applications that have passed the pre-trial of protection centers.
Priority review: refers to the priority review of qualified patent applications in China National Intellectual Property Administration according to the Administrative Measures for Patent Priority Review in China National Intellectual Property Administration (20 17) at the request of the applicant or ex officio.
Difference 2: Different application types.
Pre-examination (quick pre-examination): invention, utility model, application for patent for appearance, reexamination and invalid request, patent evaluation report.
Priority review: invention, utility model, appearance patent application, reexamination and invalid request.
Difference 3: different accepting organs
Pre-trial (fast pre-trial): apply to China Intellectual Property Protection Center.
Priority review: to the local patent agency in China National Intellectual Property Administration.
Difference 4: The decision-making time is different.
Pre-trial (fast pre-trial): the application can be processed immediately after receiving it.
Priority review: within 5 working days after receiving the application.
Difference 5: Different applicable objects.
Pre-trial (fast pre-trial): enterprises and institutions, etc.
Priority audit: the scope of application is wider, including enterprises, institutions and individuals.
Difference 6: The pre-filing situation is different.
Pre-trial (fast pre-trial): the applicant needs to complete the filing in the protection center, which generally takes 1~4 months;
The production, R&D or business direction of the filing enterprise should involve the new energy or Internet industry;
Priority audit: no need to file in advance
Difference 7: Different application fields
Pre-trial (fast pre-trial): the technical field of fast pre-trial patent application should belong to the field of new energy or internet technology;
Priority audit: energy conservation and environmental protection, next-generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries; Involving the Internet, big data, cloud computing and other fields, and the technology or product update speed is fast;
Difference 8: The timing is different.
Pre-trial (fast pre-trial): Before submitting the application to China National Intellectual Property Administration.
Priority review: 1, the invention patent application should enter the actual trial;
2. The patent application fee shall be paid after the application for utility model patent and design patent is accepted and completed;
Difference 9: The application materials are different.
Pre-trial (fast pre-trial):
1. patent application file: the application file must be in XML format. Make the file in XML format on the CPC client and export the file compression package;
2, the patent application for quick pre-trial service application form;
3, patent application fast pre-trial service commitment;
4. Other relevant documents and materials.
Priority review:
1. Request for Priority Examination of Patent Application (2 copies);
2. 1 copy of existing technology or existing design information and relevant supporting documents;
3. 1 Copies of all applicants' identity certificates (business licenses, etc.). );
4. 1 power of attorney signed by all clients;
5. 1 client's identity certificate;
6. Invention patent: 1 copy of notice of acceptance and notice of actual examination;
7. Patent for utility model and appearance: 1 Copy of acceptance notice and receipt for payment of application fee is required.
Difference 10: The patent authorization time is different
Pre-trial (quick pre-trial): after passing the quick pre-trial, the invention lasts for 3~6 months; The utility model can be used continuously for about 2 months; The appearance is about 1 month.
Priority audit: 7~ 12 months after passing the priority audit; The utility model and appearance are about 2 months.
Difference 1 1: other specified time.
Pre-trial (fast pre-trial): there is no clear stipulation, and the actual time is similar to the priority review.
Priority review: the patent reexamination case will be closed within seven months; Invalid cases of patents for inventions and utility models shall be closed within five months, and invalid cases of patents for designs shall be closed within four months.
Difference 12: Other
Pre-trial (fast pre-trial):
You can't apply for quick pre-trial in the following circumstances:
(1) An international patent application filed in accordance with the Patent Cooperation Treaty;
(2) PCT international application for entering the national phase in China;
(3) A patent for utility model and a patent for invention filed by the same applicant on the same day in accordance with Article 9, paragraph 1, of the Patent Law;
(4) divisional application;
(5) An application for confidentiality review as stipulated in Article 7 of the Detailed Rules for the Implementation of the Patent Law;
(six) there are low quality problems;
(seven) involving national security or major interests;
(8) Other laws and regulations.
Priority review:
Meet one of the following conditions can also apply for priority review:
1, involving industries encouraged by Guangdong Province and the municipal people's governments with districts;
2. The patent applicant is ready to implement or has already begun to implement, or there is evidence to prove that others are implementing their invention-creation;
3, the other is of great significance to the interests of the state or the public * * * needs priority review.