(1) An application for a patent for invention in the substantive examination stage;
(2) An application for a patent for utility model and design;
(3) Re-examination of applications for patents for inventions, utility models and designs;
(4) invalidation of patents for inventions, utility models and designs.
According to the bilateral or multilateral agreements signed between China National Intellectual Property Administration and the patent examination institutions of other countries or regions, the priority examination shall be handled in accordance with the relevant provisions. Article 3 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 7 A patent application or patent reexamination case requiring priority examination shall be filed electronically. Article 8 Where an applicant requests priority examination of an application for a patent for invention, utility model or design, it shall submit a request for priority examination, existing technology or existing design information materials and relevant supporting documents; Except in the case of Item 5 of Article 3 of these Measures, the request for priority review shall be signed by the relevant departments of the State Council or the provincial intellectual property office.
Where a party requests priority to examine a patent reexamination or invalidation case, it shall submit a request for priority examination and relevant supporting documents; Except for patent reexamination cases that have been given priority in substantive examination or preliminary examination procedures, the request for priority examination shall be signed by the relevant departments of the State Council or the provincial intellectual property office.
Where a local intellectual property office, a people's court or an arbitration mediation organization makes a request for priority review of a case of invalidation, it shall submit a request for priority review and explain the reasons. Article 9 After accepting and reviewing the priority review request, China National Intellectual Property Administration shall promptly notify the priority review requester of the review opinions. 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. Article 11 For a patent application requiring priority examination, the applicant shall make a reply or make corrections as soon as possible. The applicant's reply period to the notice of examination opinions on the invention patent is two months from the date of issuance, and the reply period to the notice of examination opinions on the utility model and design patent is fifteen days from the date of issuance. Twelfth in any of the following circumstances, China National Intellectual Property Administration can suspend the priority review procedures, according to the ordinary procedures, and promptly notify the priority review claimant:
(1) After the request for priority examination is approved, the applicant proposes to modify the application documents according to the provisions of paragraphs 1 and 2 of Article 51 of the Detailed Rules for the Implementation of the Patent Law;
(2) The time limit for the applicant to reply exceeds the time limit stipulated in Article 11 of these Measures;
(3) The applicant submits false materials;
(4) The patent application is found abnormal during the examination.