According to Article 34 of the Patent Law, after receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of filing, if it finds that it conforms to the provisions of the Patent Law after preliminary examination. The Patent Office may also publish its application at an early date upon the request of the applicant. Therefore, the preliminary examination of an application for a patent for invention is a necessary procedure after accepting an application for a patent for invention and before its publication.
The main tasks of the preliminary examination of the invention patent examination are:
Law 26, rule 16. 1 and .2, rule 44
(1) Review whether the application documents submitted by the applicant comply with the provisions of the Patent Law and its detailed rules for implementation, and notify the applicant to eliminate the defects through rectification if there are any defects, so as to meet the publication conditions; When insurmountable defects are found, make review comments, indicate the nature of the defects, and end the examination and approval procedures as soon as possible by rejecting them.
Rules 30 and 36 of the law, rule 45
(2) Examining whether other documents related to the patent application submitted by the applicant at the same time or subsequently comply with the provisions of the Patent Law and its detailed rules for implementation, and if any defects are found in the documents, notifying the applicant to make corrections according to the nature of the defects, or directly making a decision not to submit them.
(3) Examining whether other documents related to the patent application submitted by the applicant are submitted within the time limit specified in the Patent Law and its detailed rules for implementation or within the time limit specified by the Patent Office; Fails to submit or fails to submit, as the case may be, as withdrawn or not submitted.
Law 68, rules 92. 1, 93 and 97, rules 44. 1( 1)
(4) to examine whether the amount and time limit for the applicant to pay the relevant fees comply with the provisions of the Patent Law and its detailed rules for implementation. If it fails to pay, fails to pay in full or fails to pay within the time limit, it shall make a decision to withdraw or not to put forward according to the situation.
The scope of preliminary examination of an application for a patent for invention is:
(1) Whether the patent application contains the application documents specified in Article 26 of the Patent Law, and whether the format of these documents obviously does not conform to the provisions of Articles 17, 18, 19, 20 and 24 of the Detailed Rules for the Implementation of the Patent Law, or does not conform to the provisions of Articles 118 and 120 of the Detailed Rules for the Implementation of the Patent Law.
(2) Whether the patent application obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or does not conform to the provisions of Article 18 and Paragraph 1 of Article 19 of the Patent Law, or obviously does not conform to the provisions of Article 31, Paragraph 1 and Article 33 of the Patent Law or Article 2, Paragraph 1, Article 9, Article 18 and Article 20 of the Detailed Rules for the Implementation of the Patent Law.
(3) Whether other procedures and documents related to the patent application comply with the provisions of Articles 7, 8, 14, 16, 25, 31, 32, 33, 34, 37, 41, 42, 43, 45, 46, 86 and 98 of the Detailed Rules for the Implementation of the Patent Law.
(4) Whether the patent application has paid the relevant fees in accordance with Articles 90, 92, 93 and 97 of the Detailed Rules for the Implementation of the Patent Law.
The preliminary examination shall follow the following principles:
(1) If there are defects in the application documents that can be eliminated through correction, the applicant shall be given the opportunity to make corrections; For the insurmountable defects in the application documents, the applicant shall be given the opportunity to state his opinions. Only after making corrections or stating opinions can the decision of rejection be made. When necessary, the applicant may be given more than two opportunities to make corrections or statements. When giving multiple opportunities for correction, the examiner should pay attention not to delay the publication period of the patent application stipulated in Article 34 of the Patent Law. ?
(two) a comprehensive review of the format defects in the application documents and other documents, so that the published documents meet the requirements; For the substantive defects in the application documents, it is only necessary to point out and deal with them when they obviously exist and affect the publication.
(3) Except the application documents are rejected, the examiner shall try his best to point out the format defects in the application documents in the notice of correction.
(4) Where it is necessary to make a decision that the documents submitted by the applicant or the procedures initiated are not in conformity with the provisions of the Patent Law and its detailed rules for implementation, the applicant shall also be informed that the follow-up procedures can be initiated.
(5) No matter what kind of treatment the examiner makes, corresponding treatment should be made and recorded in paper documents.
Rule 38 Rule 44
2. Examination of application documents
If the application documents do not meet the following requirements, the examiner shall notify the applicant to make corrections within a specified time limit; If no reply is made at the expiration of the time limit, a notice shall be issued as withdrawal of the patent application or as failure to submit it. If the same defect is not corrected twice, a rejection decision may be made.
Law 26.2 Detailed Rules 17
2. 1 request
2. 1. 1 name of invention?
The name of the invention shall clearly and accurately indicate the name of the subject to be protected by the application for a patent for invention. The name of an invention shall not contain non-technical words, such as name, company name, trademark, code, model, etc. Nor should it contain ambiguous words, such as "and others" and "and their analogues"; Nor should we use general words so as not to give invention information, for example, we only use words such as "method", "device", "composition" and "compound" as the name of the invention.
The name of the invention generally does not exceed 25 words. Under special circumstances, with the consent of the examiner, it can be increased to 40 words. For example, some inventions in the chemical field.
2. 1.2 inventor
An inventor should be a person who makes creative contributions to the substantive characteristics of invention and creation. However, in the examination procedure of the patent office, the examiner does not examine whether the inventor specified in the request meets the provisions of Article 12 of the Detailed Rules for the Implementation of the Patent Law.
Inventors should be individuals, not units or collectives, such as "XX research group". Inventors shall use their real names, and shall not use pen names or other informal names. If there is more than one inventor, it shall be filled in from left to right.
The inventor may request the Patent Office not to publish his name; The request not to publish the name shall be made by the inventor himself in writing. After the request for not publishing the name is made, if it meets the requirements after examination, the Patent Office shall not publish its name in the patent bulletin, specification and patent certificate, and the inventor shall not request the publication of its name again.
Foreign inventors can use foreign abbreviations in Chinese translation, with a dot between the surname and the first name and a dot in the middle, such as M. Jones.
2. 1.3 applicant
2. 1.3. 1 The applicant is a local.
The right to apply for a patent for service invention belongs to the unit; The right to apply for a patent for a non-service invention belongs to the inventor. In the examination procedure of the patent office, the examiner generally does not examine the applicant specified in the request. If the applicant is an individual, it can be presumed that the invention is a non-service invention, and the individual has the right to file a patent application. Unless the subject of the patent application is obviously not a non-service invention, it is necessary to notify the applicant to provide the non-service invention certificate issued by the unit. If the applicant is a unit, it can be presumed that the invention applying for a patent is a service invention, and the applicant has the right to file a patent application. Unless the unit obviously does not have the legal person qualification or has doubts about its legal person qualification, such as the research department of XX University or the research group of XX Institute, it shall notify the unit to provide the legal person qualification certificate. ?
If the applicant is an individual, his/her real name shall be used, and no pen name or other informal name shall be used. If the applicant is a unit, it shall use the official full name, and shall not use abbreviations or abbreviations. The name of the unit specified in the application documents shall be consistent with the name of the unit on the official seal used.
2. 1.3.2 Is the applicant a foreigner, foreign enterprise or other foreign organization?
Article 18 of the Patent Law stipulates: "If a foreigner, foreign enterprise or other foreign organization who has no habitual residence or business office in China applies for a patent in China, it shall be handled according to the agreement signed between his country and China or the international treaty to which * * * is a party, or according to the principle of reciprocity". ?
When the examiner is in doubt about the nationality, business office or head office of the applicant specified in the request, he may, according to the provisions of Item (1) or Item (2) of Article 34 of the Detailed Rules for the Implementation of the Patent Law, notify the applicant to provide the certificate of nationality or the certificate of the head office of the business office. If the applicant indicates in the request that it has a business organization in China, the examiner shall require the applicant to provide a true and effective business organization certificate issued by the local administrative department for industry and commerce. If the applicant indicates in the request that he has a habitual residence in China, the examiner shall require the applicant to submit a certificate issued by the public security department that he can live in China for more than one year.
Law 18 After confirming that the applicant is a foreigner, foreign enterprise or other foreign organization with no habitual residence or business office in China, it shall examine whether the nationality of the applicant or the country where the headquarters is specified in the request meets one of the following three conditions:
(1) The country to which the applicant belongs has signed an agreement with China to grant patent protection to the nationals of the other country; ?
(2) The country to which the applicant belongs is a member of the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention);
Paragraph 3 of Article 34
(3) In the laws of the country where the applicant belongs, it is stipulated that foreigners should be granted patent protection according to the principle of reciprocity. ?
The examination shall be conducted from the country to which the applicant belongs (if the applicant is an individual, it shall be determined by nationality and habitual residence; If the applicant is a unit, it shall be determined by its headquarters location and real and effective business place) whether it is a member of the Paris Convention, but it is not necessary to examine whether the country has signed an agreement with China to grant patent protection to its nationals, because all countries that have signed the above agreement with China are members of the Paris Convention Union. Only when the applicant's country is not a member of the Paris Convention, it is necessary to examine whether there are provisions in the laws of that country that provide patent protection to foreigners according to the principle of reciprocity. Where the laws of the country where the applicant belongs do not explicitly provide patent protection to foreigners according to the principle of reciprocity, the applicant shall be required to provide proof that the country where the applicant belongs recognizes that China citizens and units can enjoy patents and other related rights in the country with the same conditions as the nationals of that country. Where the applicant is unable to provide supporting documents, his patent application shall be rejected on the grounds that he does not conform to the provisions of Article 18 of the Patent Law in accordance with the provisions of Article 44 of the Detailed Rules for the Implementation of the Patent Law.
For applicants from the territories or territories of Paris Pact member countries, it should be examined whether the country has declared that the Paris Pact is applicable to the region.
For applicants who are not members of the Paris Convention and have not signed relevant agreements with China, if the right of China applicants to apply for patents in that country is not excluded in practice, the examiner shall deal with them according to the principle of reciprocity.
The applicant is an individual, and foreign abbreviations can be used in his name. The last name and the first name are separated by dots and placed in the middle, for example, M Jones. Names must not contain titles such as degree and position, such as Dr. XX and Professor XX. If the applicant is a unit, the official name of the unit shall be used. It is allowed to use some titles with independent legal person status according to the laws of the country where the applicant is located.
2. 1.3.3 Do nationals and foreigners * * * apply together?
Nationals and foreigners who * * * apply at the same time shall be examined in accordance with the provisions of sections 2. 1.3. 1 and 2. 1.3.2 of this chapter respectively.
2. 1.4 patent agencies and patent agents
Law 19. 1 and 20 Detailed Rules 17(3)
In accordance with the provisions of the Patent Agency Regulations, a patent agency was established with the approval of China National Intellectual Property Administration, and the foreign-related patent agency was designated by China National Intellectual Property Administration. ?
The name of a patent agency shall use its full name registered in China National Intellectual Property Administration, which is consistent with the name stamped with the official seal of the patent agency in the application documents, and abbreviations or abbreviations shall not be used. The request shall also fill in the code given by China National Intellectual Property Administration to the patent agency.
A patent agent refers to a person who has obtained a patent agent qualification certificate, performed a task in a legal patent agency, and obtained a patent agent work permit in China National Intellectual Property Administration. In the request, the patent agent shall use his real name and fill in the certificate number of the patent agent's work permit. A patent application may not have more than two patent agents. ?
Law 26.2 Detailed Rules 17
2. 1.5 address
The address in the request (including the address of the applicant, patent agency and contact person) shall meet the requirements of timely and accurate mail delivery. The address of a country shall include the postal code of the region where it is located, as well as the house number and telephone number of a province (autonomous region), city (autonomous prefecture), district or street, or the house number and telephone number of a province (autonomous region), county (autonomous county), town (township) or municipality directly under the Central Government. If there is a post office box, you can use it according to the regulations. The address may contain the company name, but the company name shall not replace the address, such as ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× If the applicant is a unit, there shall be a contact person, and the mailing address of the contact person shall be stated; The applicant is an individual, or you can designate a contact person as the recipient of the letter from the Patent Office. The foreign address should indicate the country, city (county, state), and attach a detailed foreign address.
Rule 18
2.2 explanation?
The name of the invention shall be written in the first line of the first page of the specification, which shall be consistent with the name in the request and centered on the left and right. The name of an invention shall not be preceded by the words "name of invention" or "name". There should be a blank line between the invention name and the text of the specification.
The format of the manual should include the following parts, and a subtitle should be written before each part:
Technical field
technical background
Summary of the invention
Brief description of drawings
If there are no drawings in the specification, the text of the specification does not include the drawings and their corresponding subheadings.
For applications involving nucleotide or amino acid sequences, the sequence list shall be a separate part of the specification, and the applicant shall submit a CD or floppy disk consistent with the sequence list at the same time of application; The CD or floppy disk shall comply with the relevant provisions of the Patent Office. If the sequence table recorded in the CD or floppy disk is inconsistent with the sequence table in the manual, the sequence table in the manual shall prevail. If the CD or floppy disk is not submitted, notify the applicant to fill it within the specified time limit; If it is overdue, the application shall be deemed to have been withdrawn.
The text of the manual may contain chemical formulas, mathematical formulas and tables, but no illustrations are allowed.
If the text of the manual is written with drawings, there should be drawings in the manual.
Rule 4 1
If there are drawings in the manual, there should also be drawings in the text of the manual. If there are drawings in the main body of the specification, but there are no drawings or some drawings are missing in the specification, the applicant shall be notified to cancel the description of the drawings or submit the drawings within the specified time limit; Where the applicant submits the appended drawings, the date of submitting or mailing the appended drawings to the Patent Office shall be the filing date, and the examiner shall issue a notice to change the filing date and modify the filing date in the database; Where the applicant cancels the explanation of the appended drawings, it shall keep the original application date.
Rule 120.2
If the instruction exceeds two pages, the page numbers shall be written in Arabic numeral order.
2.3 claim
Rule 20.2
Where a patent claim contains several claims, it shall be numbered in Arabic numerals, and the number shall not be preceded by the words "claim" or "right item".
Rule 20.3
A claim may contain a chemical formula or a mathematical formula, with tables but no illustrations when necessary.
Rule 120.2
Where the claim exceeds two pages, it shall be numbered in Arabic numerals.
2.4 attached drawings of the instruction manual
Rule 120. 1
The attached drawings of the instruction manual shall be drawn with drawing tools and black ink, and the lines shall be uniform, clear and deep enough, and shall not be colored or altered. ?
The section line in the section drawing shall not hinder the clear identification of the reference mark line and the main line.
Rule 19. 1
How many pictures can be drawn on a piece of paper? A master plan can be drawn on several drawings, but it is necessary to ensure that the drawings on each paper are independent. When all the drawings are combined to form a complete master plan, they do not affect each other's clarity. There should be no border around the drawings. ?
If the total number of drawings exceeds two, it shall be numbered in Arabic numerals, and the word "Figure" shall be added before the number, as shown in Figure 1 and Figure 2. ...
The attached drawings shall be drawn as vertically as possible on the drawings and clearly separated from each other. When the horizontal dimension of parts is obviously larger than the vertical dimension and must be arranged horizontally, the top of the drawing should be placed on the left side of the drawing. When there are more than two drawings on a page, and one of them has been arranged horizontally, the other drawings on the page should also be arranged horizontally.
Rule 19.3
Reference numerals shall be numbered with Arabic numerals. The same reference numeral shall be used when the same part appears in different drawings, and the same reference numeral shall be used in all documents (specification and drawings, claims and abstract) of a patent application, but it is not required that the reference numerals in each drawing are continuous.
The size of the attached drawings should be appropriate, so that every detail in the attached drawings can be clearly distinguished, and it is suitable for batch reproduction by means of photographic plate making, xerography, microfilming, etc. ?
The same picture should be drawn at the same scale in order to form a composition.
Rule 19.2
Part of the display is clear, and you can add a partial enlargement. The appended drawings shall not contain other notes except necessary words. The text in the appended drawings should be Chinese, and the original text can be marked with brackets if necessary. ?
Flowcharts and block diagrams shall be regarded as attached drawings, and necessary words and symbols shall be given in their boxes. Under special circumstances, photos can be attached to the drawings as attached drawings. For example, when metallographic structures or tissue cells are displayed.
2.5 Description Summary
Law 26. 1
To apply for a patent for invention, an abstract of the specification (hereinafter referred to as the abstract) shall be submitted.
Rule 24. 1
2.5. 1 abstract text section
The name of the invention and its technical field shall be clearly stated, clearly reflecting the technical problem to be solved, the main points and main uses of the technical scheme to solve this problem. Where the name of the invention is not specified or the key points of the technical scheme cannot be reflected, the applicant shall be notified to make corrections; Where commercial advertising terms are used, they shall be deleted and the applicant shall be notified. ?
The main body of the abstract (including punctuation marks) shall not exceed 300 words. If the abstract exceeds 300 words, the applicant shall be notified to abridge it or the examiner shall abridge it; The examiner shall notify the applicant of the abridgement.
Rule 24.2
2.5.2 abstract attached drawings
Where there are drawings in the specification, the applicant shall designate and provide a drawing that best illustrates the main technical features of the technical scheme of the invention as an abstract. The attached drawings shall be one of the attached drawings in the specification. If the applicant fails to specify or provide the abstract drawings, the examiner shall notify the applicant to make corrections or designate one ex officio, and notify the applicant to provide the abstract drawings specified by the examiner in duplicate. If the examiner confirms that there are no suitable abstract drawings to indicate, he may not require the applicant to make corrections.
Where the abstract drawings specified and provided by the applicant obviously cannot explain the main technical features of the technical scheme of the invention, the examiner shall specify them separately and notify the applicant to provide the abstract drawings specified by the examiner in duplicate.
The size and clarity of the attached drawings shall ensure that all the details in the drawings can still be clearly distinguished when the drawings are reduced to 4 cm ×6 cm. ?
The abstract can contain the chemical formula that best illustrates the invention, and this chemical formula is regarded as the abstract diagram.
2.6 Preliminary examination of two special patent applications?
2.6. 1 divisional application
2.6. 1. 1 apply for division?
Rule 42. 1
Where an application for a patent includes more than two inventions, the applicant may file a divisional application on his own initiative.
Rule 42.2
The filing date of the divisional application shall be before the expiration of the registration period of two months from the date of receiving the notice of the Patent Office granting the patent right to the original application. After the expiration of the above-mentioned time limit, the patent application has been rejected and taken effect, or the patent application has been withdrawn or deemed to have been withdrawn and its rights have not been restored, no further divisional application may be filed.
Where an application for a patent does not conform to the provisions of Article 31 of the Patent Law, the applicant shall amend the application in accordance with the requirements of the notice of division or the notice of examination opinions, and limit its contents to the scope that conforms to the relevant provisions of the Patent Law and its detailed rules for implementation. The applicant may submit one or more divisional applications for the contents deleted in the original application. ?
Rule 42.3
A divisional application cannot change the category of the original application. For example, if the original application is an application for a patent for invention, only a divisional application for a patent for invention can be submitted. The divisional application shall not change the patent applicant, that is, the patent applicant for divisional application shall be the same as the original patent applicant; Inconsistent, have the right to obtain proof materials. The inventor of the divisional application shall also be the inventor of the original application or part of its members.
Rule 43.3
When applying for division, the applicant shall indicate the application number and date of the original application in the request, and submit all the application documents of the original application. If all kinds of supporting materials have been submitted in the original application, a copy can be used. If the original application is an international application, the applicant shall also indicate the international application number in brackets after the original application number. The internationally published text of the original application is in a foreign language. In addition to the Chinese copy of the original application, a copy of the internationally published text of the original application shall also be submitted.
2.6. 1.2 split application for preliminary examination?
The examiner shall verify the following items according to the original application documents:
(1) Whether the original filing date indicated in the divisional application request is correct; ?
(2) Whether the applicant of the divisional application is consistent with the applicant of the original application, whether it is inconsistent, and whether it is accompanied by legal certification materials for the transfer of rights; Whether the inventor is the inventor of the original application or a part of its members; (3) Whether a copy of the original application document has been submitted, and if there is a priority requirement, whether a copy of the priority document of the original application has been submitted; If the original application is an international application and a copy of the priority document is not required, the divisional application may not require a copy of the priority document;
(four) before the filing date of the divisional application, whether the original application has been rejected and taken effect, or whether it has been withdrawn or deemed to have been withdrawn and the rights have not been restored; Whether the filing date of the divisional application is before the expiration of two months from the date of receiving the authorization notice from the Patent Office for the original application. ?
If it does not meet one of the circumstances listed in the above (1), (2) and (3), it shall notify the applicant to make corrections within the prescribed time limit; If it fails to make corrections within the time limit, it shall make a decision that the divisional application is deemed to be withdrawn, and notify the applicant. ?
If the filing date of the divisional application is two months from the date of receiving the notification from the Patent Office for granting the patent right to the original application, or if the original application for divisional application has been withdrawn or deemed to have been withdrawn without restoring its rights, or if it has been rejected and taken effect, the divisional application shall be deemed to have not been notified. ?
Various statutory time limits for divisional applications, such as the time limit for submitting substantive examination requests and the time limit for submitting priority certification materials, shall be counted from the original application date. For various expired time limits, the applicant can go through various formalities within two months from the date of submitting the divisional application; If the application is not completed within the time limit, it shall make a decision that the divisional application is deemed to be withdrawn, and notify the applicant. ?
The divisional application shall be regarded as a new application, and various fees shall be charged. The applicant can pay the due fees within two months from the date of submitting the divisional application; If it fails to pay or pay in full at the expiration of the time limit, it shall make a decision that the divisional application is deemed to be withdrawn, and notify the applicant.
2.6.2 Application of biomaterials
2.6.2. 1 relates to the application of biomaterials.
Article 25
Where an applicant's application involves biological materials, in addition to making the application conform to the relevant provisions of the Patent Law and its detailed rules for implementation, he shall also go through the following procedures:
(1) Submit the biomaterial sample to the international preservation unit of biomaterial samples recognized by China National Intellectual Property Administration for preservation before or at the latest on the application date (priority date if there is priority);
(2) indicate the name, address, preservation date and serial number of the biological material sample, as well as the classification and naming of the biological material in the request and specification (indicate the Latin name); ?
(3) providing information about the characteristics of biomaterials in the application documents; ?
(4) Submit the preservation certificate and survival certificate issued by the preservation unit within four months from the date of application.
Preliminary review on the application of biomaterials in 2.6.2.2?
If the preservation certificate is submitted within the prescribed time limit, the examiner shall verify the following items according to the preservation certificate:
(1) Whether the preservation unit is an international preservation unit of biomaterial samples recognized by China National Intellectual Property Administration;
(2) Whether the preservation date is before or on the filing date (priority date if there is priority);
(3) Whether the preservation certificate is consistent with the items filled in the request. ?
If the conditions in Item (1) or Item (2) above are not met, a notice that the biological material sample is regarded as unsaved shall be made and the applicant shall be informed. Do not meet the above (3), it shall notify the applicant to make corrections within the prescribed time limit; If it fails to make corrections within the time limit, it shall make a notice that the biological material sample is regarded as unsaved and notify the applicant. ?
Failure to submit the preservation certificate within the prescribed time limit shall be deemed as failure to submit the notice of preservation of biological material samples and notify the applicant. ?
If the applicant fails to submit the survival certificate of biological materials within four months from the date of application, and fails to explain the legitimate reasons for not submitting the certificate, it shall make a sample of biological materials as if it has not submitted a notice of preservation and notify the applicant. ?
If the preservation unit fails to prove the survival of the biological material sample within four months and issue the certification documents, it shall be regarded as the legitimate reason of the applicant. ?
If the sample dies in the process of submitting the biological material sample for preservation, the applicant shall notify the applicant that the biological material sample is not preserved, except that the applicant can provide evidence to prove that the death of the biological material sample is not the responsibility of the applicant. If the applicant provides the certificate, it can re-provide a new sample identical to the original sample for preservation within four months, and the original submission date is the preservation date.
Rule 25(3)
For a patent application involving biomaterials, the applicant shall indicate the classification and nomenclature of biomaterials, the name, address, date and number of the entity that preserved the biomaterial samples respectively in the request and specification, and keep them consistent (see Section 7.3 of Chapter 10 in Part II of this Guide). If it is not explained or inconsistent at the time of application, it shall be corrected within four months from the date of application; If no correction is made within the time limit, it shall be deemed that it has not been submitted for preservation.
After the examiner issues a notice of failure to submit the deposit, if the applicant has justified reasons, it may start the recovery procedure according to the provisions of paragraph 2 of Article 7 of the Detailed Rules for the Implementation of the Patent Law; Among other legitimate reasons, the legitimate reasons for not submitting samples of biological materials for preservation or survival are as follows:
(1) The storage unit fails to produce a preservation certificate or a survival certificate within four months from the date of application, and issues a certificate;
(2) If a biological material sample dies during the submission process, the applicant shall issue a certificate to prove that the death of the biological material sample is not the responsibility of the applicant.
If the Patent Office considers that the biological material sample has not submitted the notice of preservation, and it cannot be recovered after the recovery procedure is started, or the applicant has not started the recovery procedure, the examiner shall cancel the relevant matters indicated in the request ex officio and sign it.
2.7 Format review of release conditions of application documents?
When publishing an application for a patent for invention, the text of the specification, the claims and the abstract of the specification shall be neat and clear, and shall not be altered, and no words shall be added between lines. Lines (including contour lines, dotted lines, section lines, center lines, standard leads, etc.). ) the appended drawings and the abstract of the specification should be clearly identifiable. Words and lines should be black, deep enough and clean in the background. There should be no border around the center of text and graphics. The page numbers of various documents should be continuous respectively. ?
If the application documents do not meet the above requirements, notify the applicant to make corrections within the prescribed time limit; If no correction is made within the time limit, a notice of withdrawal of the patent application shall be issued.
The application documents for authorization of an application for a patent for invention shall conform to the requirements at the time of publication, except that the examiner is allowed to modify the text. ?
3. Review other documents and related procedures
3. 1 Entrusted patent agency and designated representative
3. 1. 1 Entrusted patent agency
3. 1. 1. 1 commission?
According to the first paragraph of Article 19 of the Patent Law, foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a patent agency designated by China National Intellectual Property Administration to apply for patents and handle other patent affairs in China. If it is found during the examination that the above-mentioned applicant has not entrusted a patent agency designated by China National Intellectual Property Administration to apply for a patent and handle other patent affairs, it shall make a notice of examination opinions and pass it through the patent agency entrusted by it.
Rule 44.2 Rule 44. 1( 1)
The bureau shall notify the applicant. If the applicant fails to reply within the specified time limit, his application shall be deemed to be withdrawn; If the applicant's statement or correction still does not conform to the provisions of the first paragraph of Article 19 of the Patent Law, the patent application shall be rejected.
Domestic units or individuals may entrust patent agencies to apply for patents and handle other patent affairs in China.
The entrusting party is the applicant and the patent agency. Where there are more than two applicants, the entrusting parties are all applicants and the same patent agency. After accepting the entrustment, a patent agency shall designate its patent agents to handle relevant affairs, and no more than two patent agents shall be appointed.
Where the entrustment of a domestic entity or individual does not meet the requirements, it shall notify the patent agency to make corrections within a specified time limit; If it fails to reply or make corrections, it shall be deemed that a patent agent has not been entrusted, and both parties shall be notified.
If a foreigner applies for a patent, and both nationals and foreigners apply for a patent, and the first signer is a foreigner, it shall examine whether the entrusted patent agency complies with the provisions of Article 19, paragraph 1, of the Patent Law.
Legal persons in Hong Kong, Macao and Taiwan shall entrust a patent agency designated by China National Intellectual Property Administration to file a patent application with the Patent Office or handle other patent affairs.
Individuals from Hong Kong, Macao and Taiwan who apply for a patent or handle other patent affairs may entrust a patent agency designated by China National Intellectual Property Administration or an ordinary patent agency to handle it.
Individuals from Hong Kong, Macao and Taiwan and legal persons from Hong Kong, Macao and Taiwan jointly apply for patents or handle other patent affairs, and shall entrust a patent agency designated by China National Intellectual Property Administration to handle them; Where an individual from Hong Kong, Macao and Taiwan Province Province or a legal person from Hong Kong, Macao and Taiwan Province Province applies for a patent or handles other patent affairs with an individual or unit from the Mainland, if the first signer of the applicant is an individual or legal person from Hong Kong, Macao and Taiwan Province Province, the entrustment formalities shall be handled according to the application of an individual or legal person from Hong Kong, Macao and Taiwan Province Province.
Hong Kong and Macau