Legal basis: Article 2 of the Measures for Standardization of Patent Applications refers to all kinds of patent applications submitted by any unit or individual, patent application agency, patent application right or patent right transfer, etc. , independently or jointly implemented, for the purpose of protecting innovation and not based on real invention and creation activities, in order to seek illegitimate interests or fictional innovation performance and service performance.
The following acts belong to the abnormal patent application mentioned in these Measures:
(1) A number of patent applications are submitted at the same time or successively, and the contents of their inventions and creations are obviously the same, or in essence, they simply combine and change the features or elements of different inventions and creations;
(2) The submitted patent application contains fabricated, forged or altered inventions, experimental data or technical effects, or plagiarizes, simply replaces or pieces together existing technologies or existing designs and other similar situations;
(3) The invention-creation of the submitted patent application is obviously inconsistent with the actual R&D capability and resource conditions of the applicant and inventor;
(4) The invention-creation contents of many patent applications submitted are mainly randomly generated by computer programs or other technologies;
(5) The invention-creation of the submitted patent application is deliberately formed to avoid patent examination, which obviously does not conform to the technical improvement or common sense of design, or has no actual protection value, has deteriorated, accumulated, unnecessarily restricted the scope of protection, or has no retrieval and examination significance;
(six) in order to avoid the regulatory measures to crack down on abnormal patent applications, a number of patent applications related to specific units, individuals or addresses are submitted in a decentralized, sequential or off-site manner;
(seven) shall not resell the patent application right or patent right for the implementation of patented technology, design or other legitimate purposes, or falsely change the inventor or designer;
(8) Patent agencies, patent agents or other institutions or individuals represent, induce, instigate, help others or conspire with them to implement various abnormal patent applications;
(nine) other abnormal patent applications and related acts that violate the principle of good faith and disrupt the normal patent work order.