The patent evaluation report is for utility models and designs, not for invention patents. The patent office will search the application for a patent for invention when examining the substantive content, so the invention does not need a patent evaluation report.
A patent certificate is a document issued by the patent office to prove the patent right. After the patent application is examined and approved, the Patent Office shall make a decision to grant the patent right and issue a patent certificate. A patent certificate mainly records the name and patent number of the invention-creation, the names of the inventor and designer, the name and title of the patentee, the scope of rights protection, and the time when the patent was granted.
After the announcement of the decision to grant the patent right for utility model or design in accordance with Article 61 of the Patent Law and Article 56 of its implementing rules, the patentee or interested party may request the patent administration department of the State Council to make a patent evaluation report. Each request is limited to one utility model or design patent.
According to Item (5) of Paragraph 1 of Article 93 of the Detailed Rules for the Implementation of the Patent Law, those who go through the formalities of patent evaluation report shall pay the request fee for patent evaluation report. ?
Extended data:
Correctly evaluate the usefulness of the report.
1. The patent evaluation report is not an administrative decision, but a form of evidence or certificate. When trying and handling patent infringement disputes, the people's court or the administrative department for patent affairs may decide whether it is necessary to suspend relevant procedures. Generally, the patent evaluation report is needed when the above-mentioned "program suspension" affairs are involved.
2. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by China National Intellectual Property Administration.
3. China National Intellectual Property Administration, according to the request of the patentee or interested party, conducts patent search for the relevant patent for utility model or design, analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation, and makes a patent evaluation report.
References:
Baidu Encyclopedia-Patent Law China Patent Announcement