Legal analysis: The main contents of patent review are:
1. Whether it meets the definition of invention stipulated in Article 2 of the Patent Law, that is, the invention proposed for a product, method or improvement thereof New technical solutions.
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 ethics 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 falls within the scope that cannot be granted patent rights.
4. Whether it has practicality as stipulated in Article 22, Paragraph 4 of the Patent Law.
5. Whether the description fully discloses the subject matter requested for protection in accordance with the requirements of Article 26, paragraph 3, of the Patent Law.
6. Whether the technical solution defined in the claim possesses the novelty and creativity stipulated in Paragraphs 2 and 3 of Article 22 of the Patent Law.
7. Whether the claims clearly and briefly define the scope of protection required in accordance with the provisions of Paragraph 26, 4 of the Patent Law and based on the description, and whether the independent claims state a solution technology. A complete technical solution to the problem.
8. Whether the modification of the application documents complies with the provisions of Article 33 of the Patent Law and Article 51 of the Implementing Regulations.
9. Whether the divisional application complies with the provisions of Article 43, Paragraph 1, of the Implementing Rules of the Patent Law.
10. Whether the claims have no unity.
11. For inventions and creations that rely on genetic resources, it is also necessary to review whether the application documents comply with the provisions of Article 26, Paragraph 5 of the Patent Law.
Legal basis: "Patent Law of the People's Republic of China"
Article 22: Inventions and utility models for which patent rights are granted must be novel, creative and practical. sex.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Nucleus transformation methods and the use of nuclei Substances obtained by transformation methods;
(6) Designs made on the patterns, colors, or a combination of the two of flat printed matter that serve primarily as a mark.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.