Patent pre-examination refers to the pre-examination service of patent application. Before the patent is formally submitted to China National Intellectual Property Administration, the protection center pre-examines the application documents, so that qualified patent applications can enter the fast examination channel. It is a part of the fast examination of patents implemented in China National Intellectual Property Administration.
The types of patent pre-examination are: patent application, patent reexamination, patent invalidation and patent evaluation report. Its purpose is to speed up authorization and review.
The applicant shall go through various formalities with the Patent Office in the examination and approval procedure, and shall do so in written form, and use the unified format formulated by the Patent Office. The formalities should be filled in correctly according to the instructions for filling in the form and signed by the applicant.
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Therefore, as a pre-procedure before patent examination, patent pre-examination is a pre-procedure to help patent examination proceed faster. The above is today's sharing, I hope it will help you!
Legal analysis:
patent law of the people's republic of china
second
Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 5
No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.