The main purpose of patent form examination is to find out whether the invention applying for patent meets the requirements of the patent law on form, so as to prepare for future public and substantive examination; To find out whether the utility model and design applying for patent comply with the provisions of the patent law on granting patent rights, and grant patent rights to the utility model and design that meet the conditions for granting patent rights according to law.
Extended data:
Patent form examination system is also called "no examination system" or "registration system". Refers to the system that only examines the legal form requirements of patent applications, but not the substantive content of patent applications, that is, the patentability of inventions. This is an ancient censorship system. In the early days of the patent system, inventions were individual phenomena, and there were not many patent applications and patent certificates. Patent authorities lack systematic information and are unable to determine the patentability of an invention before granting a patent certificate. Therefore, all countries adopt this system. The procedure of this system is simple, and the applicant only needs to submit an application to the Patent Office and pay the patent fee. The patent office can approve the patent application and grant the patent right only by examining whether the procedures and documents of the patent application are complete and whether the formal requirements meet the statutory requirements.
The advantages of this system are: the application for approval is fast, timely and low cost, and the scientific and technological information can be disseminated in time because of the early announcement. Disadvantages are: due to the patent nature of the unexamined application, the patent quality is low, the scope of protection is unclear, it is difficult for the third party to determine the validity of its rights, and the patentee is prone to lose in disputes with others. The registered country does not understand the technical value of the application, so it is difficult to learn and learn from it. France used this system up to 1978. At present, Belgian, Greek, Italian, Swiss, Algerian, Iraqi, Tunisia, Egyptian, Uruguayan, Moroccan and African Margash Union still adopt this system. According to China's patent law, the application for utility model patent and design patent is subject to formal examination system.
References:
Baidu Encyclopedia-Patent Form Examination