Contents of patent form examination
According to the provisions of the patent law, the examination of the form of invention patent includes:
(1) Whether the applicant's application documents are complete and whether the writing complies with the provisions of the Patent Law and its implementing rules;
(2) Whether the applicant's identity is legal, whether all kinds of supporting documents are complete, and whether an agent has been entrusted according to law if the applicant is a foreigner;
(3) Whether the invention-creation for which a patent is applied violates state laws, social ethics or harms public interests, and whether it belongs to the object for which a patent right is not granted;
(4) Whether the applicant has paid the application fee, etc.
According to the provisions of the patent law, the main contents of the patent administration organ's examination of the patent forms of utility models and designs are as follows:
(1) Whether the writing of application documents meets the requirements;
(2) Whether the modification of the document exceeds the legal limit;
(3) Whether the applicant's qualification is legal and whether the foreign applicant has entrusted a legal patent agency.
(4) whether the utility model or design violates the law, social morality or hinders the public interest, and whether it belongs to an invention that is not protected by a patent.
(5) Whether the application meets the requirements of oneness;
(6) Whether there is the possibility of repeated authorization;
(7) Whether it is a post-applicant of two identical utility models or designs patent applications, etc.
As can be seen from the above, the preliminary examination of utility model and design includes both formal examination and some necessary substantive examination.
Patent form examination results
In the preliminary examination, if the application documents do not meet the requirements of the Patent Law, the Patent Office shall give the applicant the opportunity to make corrections and notify the applicant to make corrections within a 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 If the applicant fails to make corrections without justifiable reasons, his application shall be deemed to have been withdrawn.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 Patent Office shall reject it. If the applicant refuses to accept it, he may request the Patent Reexamination Board for reexamination. ?
Article 40 of the Patent Law stipulates: "If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it. The patent right for utility model and the patent right for design shall take effect as of the date of announcement. " This provision shows that China only conducts preliminary examination on utility model patents and design patents. Therefore, the Patent Office shall examine the preliminary examination requirements of utility models and designs in strict accordance with the Patent Law, and grant the patent right to the applications that meet the authorization conditions in time.
The purpose of patent form examination
The main purpose of patent form examination is to find out whether the invention applying for patent meets the requirements of the patent law on form, so as to prepare for future public and substantive examination; To find out whether the utility model and design applying for patent comply with the provisions of the patent law on granting patent rights, and grant patent rights to the utility model and design that meet the conditions for granting patent rights according to law.