Legal analysis
I can't find a patent application on the Internet. After the declaration is made public, it can be found on the relevant patent websites, but it can't be found on HowNet. Acceptance stage: The Patent Office will examine the patent application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the patent application category is unclear or uncertain, and the patent application sent directly by foreign units and individuals without foreign-related patent agencies will not be accepted. Preliminary examination stage: if the accepted patent application pays the application fee according to the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of not granting patent rights in relevant laws, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will go directly to the authorization process.
legal ground
Article 41 of the Patent Law of People's Republic of China (PRC) If an applicant for a patent refuses to accept the decision of the patent administration department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department of the State Council. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.