China National Intellectual Property Administration promulgated the Measures for the Administration of Patent Priority Examination, which came into force on August 1 day, 2065438.
The applicant meets the requirements and the State Council agrees to give priority to the examination:
An application for a patent for invention shall notify the first examination opinion within 45 days and be closed within one year.
A patent application or patent reexamination case under any of the following circumstances may be requested for priority examination:
(a) involving energy conservation and environmental protection, a new generation of information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries;
(two) industries encouraged by the people's governments at the provincial and municipal levels;
(three) involving the Internet, big data, cloud computing and other fields and the technology or product update speed is fast;
(4) The applicant for a patent or the person requesting reexamination has made preparations for the implementation or has started the implementation, or there is evidence to prove that others are implementing their invention-creation;
(5) The first application for a patent on the same subject in China and the first application in other countries or regions;
(six) other matters of great significance to the national interests or public interests that need to be reviewed first.
Article 4 A case of invalidation under any of the following circumstances may be requested for priority examination:
(1) There is an infringement dispute over the patent involved in the case of invalidation, and the parties have requested the local intellectual property office to handle it, bring a lawsuit to the people's court or request arbitration mediation to organize arbitration mediation;
(two) the patent involved in the case of invalidation is of great significance to the national interest or public interest.
Article 5 The request for priority examination of a patent application or patent reexamination case shall be approved by all applicants or all reexamination requesters; The request for priority examination of the case of invalidation shall be agreed by the claimant of invalidation or all patentees.
The local intellectual property office, the people's court or the arbitration and mediation institution that handles and hears the patent infringement disputes involved may make a priority review request for the invalidation case.
Article 6 The number of patent applications, patent reexaminations and invalidation shall be determined by China National Intellectual Property Administration according to the examination ability of different professional and technical fields, the number of patents granted in the previous year and the number of pending cases in this year.
Article 10 If China National Intellectual Property Administration agrees to give priority to the review, it shall close the case within the following time limit from the date of consent:
(1) An application for a patent for invention shall be notified of the first examination opinions within 45 days, and the case shall be closed within one year;
(two) the application for a patent for utility model and design shall be closed within two months;
(3) The patent reexamination case shall be closed within seven months;
(4) The case of invalidation of the patent for invention and utility model shall be closed within five months, and the case of invalidation of the patent for design shall be closed within four months.