For the substantive examination that has been applied for, some can take the form of written examination, that is, through the statement of the application materials to understand the relevant situation and conduct the examination, but some substantive examinations need to be verified on the spot to confirm the real situation.
The contents of extended information patent examination mainly include:
Whether (1) conforms to the definition of invention stipulated in Article 2 of the Patent Law, that is, the new technical scheme proposed for the product, method or its improvement.
(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 morality 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 belongs to the scope where the patent right cannot be granted;
(4) Whether it is practical as stipulated in the fourth paragraph of Article 22 of the Patent Law;
(5) Whether the specification fully discloses the subject matter requested for protection in accordance with the requirements of the third paragraph of Article 26 of the Patent Law;
(6) Whether the technical scheme defined in the claim has novelty and creativity as stipulated in the second and third paragraphs of Article 22 of the Patent Law;
(7) Whether the claim clearly and concisely defines the scope of protection according to the fourth paragraph of Article 26 of the Patent Law, and whether the independent claim expresses a complete technical solution to technical problems;
Baidu Encyclopedia-Substantial Summary