Contents and matters needing attention in patent application examination

Contents and Precautions of Patent Application Examination Actually, patent application examination means that after accepting a patent application, the patent administrative department of the State Council must conduct examination in accordance with the procedures stipulated in the Patent Law. The procedure of patent application examination: first, preliminary examination, then publication of patent application, then request substantive examination, and finally substantive examination. So what are the contents of patent application examination and the matters needing attention in patent application examination? Next, Bian Xiao of Bajie Intellectual Property compiled some knowledge about this for everyone. Welcome to read! Contents of patent application examination and matters needing attention in patent application examination 1. The main content of patent application examination: whether (1) conforms to the definition of invention 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 the patent application examination instructions fully disclose the subject matter requested for protection according to the specification of the Patent Law and the third paragraph of Article 26 of the Patent Law; (5) Whether the technical scheme defined in the patent application examination claim has novelty and creativity as stipulated in the second and third paragraphs of Article 22 of the Patent Law; (6) Whether the claim for patent application examination clearly and concisely defines the scope of protection based on the specification according to the provisions of the fourth paragraph of Article 26 of the Patent Law, and whether the independent claim expresses a complete technical solution to technical problems; (seven) whether the revision of the application documents for patent application examination conforms to the provisions of Article 33 of the Patent Law and Article 51 of the Detailed Rules for the Implementation; (8) Whether the divisional application for patent application examination complies with the provisions of Paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law; (9) Whether the patent claim for patent application examination is single; Two. Matters needing attention in patent application examination: (1) Before patent application examination, the applicant needs to carefully study and be familiar with the Patent Law and its related implementation rules, and must know what a patent is and how to apply for and obtain a patent. Investigate in detail whether the project to be patented can apply for a patent. We should seriously consider patent application from the perspective of market economy. Understand the writing format and requirements of patent application documents, the submission method, cost and brief approval process of patent application. (2) Generally speaking, the process of patent application examination is relatively long, because the applicant can submit an early public statement to the competent authority after obtaining the notification of acceptance from the Patent Office and determining the application date, and then request substantive examination, because only in this way can the examination process be accelerated and the time for patent application examination be shortened. (3) In the process of patent application examination, if the examiner finds the essence of the invention, that is, novelty, creativity and practicality, and issues a notice of opinions, the applicant should actively communicate through reply until the amendment is satisfactory to the examiner. Only in this way can we avoid the rejection of patent applications due to some misunderstandings and the failure of examination. (4) According to the provisions of the Patent Law, appearance patents and utility model patents do not need to be examined in substance, but only need to be examined. Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. (5) In order to further improve the quality of patent authorization for utility models and designs, China National Intellectual Property Administration initiated the revision of Chapter II and Chapter III of Part I of the Patent Examination Guide in early 20 12. Therefore, the patent applicant needs to know something about the revised contents.