First, the conditions that need to be met in the examination of patent priority.
A patent application or patent reexamination case under any of the following circumstances may be requested for priority examination:
(a) involving energy conservation and environmental protection, a new generation of information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries;
(two) industries encouraged by the people's governments at the provincial and municipal levels;
(three) involving the Internet, big data, cloud computing and other fields and the technology or product update speed is fast;
(4) The applicant for a patent or the person requesting reexamination has made preparations for the implementation or has started the implementation, or there is evidence to prove that others are implementing their invention-creation;
(5) The first application for a patent on the same subject in China and the first application in other countries or regions;
(six) other matters of great significance to the national interests or public interests that need to be reviewed first.
Second, how long does it take to review the patent priority?
It takes about 3~6 months for a patent to get a certificate. The patent for utility model, also called small invention or small patent, is the object of patent right and the object of patent law protection, and refers to the utility model that should be granted patent right according to law. Utility model usually refers to a new practical technical scheme for the shape, structure or combination of products.
(a) the design patent, from the application to obtain the certificate about 3~6 months;
(2) It takes about 3-6 months for a utility model patent to obtain a certificate;
(3) It takes about 1~2 years for an invention patent to obtain a certificate. Since August 1 year, the Measures for the Administration of Patent Priority Examination has been implemented. If China National Intellectual Property Administration agrees to give priority to the review, it shall close the case within the following time limit from the date of consent:
1, the application for a patent for invention shall notify the first examination opinion within 45 days and be closed within one year;
2, utility model and design patent application closed within two months;
3, the patent reexamination case closed within seven months;
4. The case of invalidation of the patent for invention and utility model shall be closed within five months, and the case of invalidation of the patent for design shall be closed within four months.
Three. Contents of patent examination
The contents of patent examination mainly include:
(a) whether it conforms to the definition of invention as stipulated in Article 2 of the Patent Law, that is, the new technical scheme proposed for the product, method or its improvement.
(2) Whether it complies with the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social morality or harms public interests;
(3) Whether it complies with the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application belongs to the scope where the patent right cannot be granted;
(4) Whether it is practical as stipulated in the fourth paragraph of Article 22 of the Patent Law;
(5) Whether the description fully discloses the subject matter requested for protection in accordance with the requirements of the third paragraph of Article 26 of the Patent Law;
(6) Whether the technical scheme defined in the claim has novelty and creativity as stipulated in the second and third paragraphs of Article 22 of the Patent Law;
(7) Whether the claim clearly and concisely defines the scope of protection according to the fourth paragraph of Article 26 of the Patent Law, and whether the independent claim expresses a complete technical solution to technical problems;
(8) Whether the modification of the application documents conforms to the provisions of Article 33 of the Patent Law and Article 51 of the Detailed Rules for the Implementation;
(9) Whether the divisional application complies with the provisions of Paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law;
(10) Whether the claim is inconsistent;
Legal basis: Measures for the Administration of Priority Examination of Patents Article 2 These Measures shall apply to the priority examination of the following patent applications or cases: (1) An application for a patent for invention in the substantive examination stage; (2) An application for a patent for utility model and design; (3) Re-examination of applications for patents for inventions, utility models and designs; (4) invalidation of patents for inventions, utility models and designs. According to the bilateral or multilateral agreements signed between China National Intellectual Property Administration and the patent examination institutions of other countries or regions, the priority examination shall be handled in accordance with the relevant provisions.