Is the patent application accepted valid?

Legal analysis: No, the patent administration department does not own the patent right after accepting the patent application. After the patent administration department examines the application, only those who meet the conditions for granting will be granted the patent right. According to the law, after receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it meets the statutory requirements, and shall publish it within 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.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.

Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.