What are the basic principles of patent granting?

In recent years, China has strengthened the protection of intellectual property rights, and more and more people have applied for patents in China. So what are the basic principles of patent granting and the legal provisions of patent application examination procedures? Below, I have compiled the legal knowledge about the patent application examination procedure in Bian Xiao for your reference. What are the basic principles of patent authorization? What is the basic principle of patent grant According to the basic principle of patent law, only one patent right can be granted for the same invention. When two or more people file separate patent applications for the same invention, there are two principles: one is the invention priority principle, and the other is the application priority principle. The principle of prior invention means that if two or more people file a patent application for the same invention, the patent right shall be granted to the person who made the invention first, regardless of the time when he filed the patent application. However, when adopting this principle, we often encounter many practical difficulties in determining who is the first inventor. Therefore, at present, only a few countries in the world, such as the United States, Canada and the Philippines, have adopted this principle. The so-called principle of applying first means that when two or more people apply for the same invention separately, they don't ask the time when they made the invention, but the time when they filed the patent application shall prevail, that is, the patent right is granted to the first applicant, which is the practice adopted by most countries in China and the world. Two. Examination procedures of patent applications Different countries have different requirements for examination of patent applications, and basically two different systems are implemented. Some countries implement the formal examination system, that is, only examine whether the form of patent application meets the legal requirements, but not whether the invention meets the substantive conditions such as novelty. Some countries implement substantive examination system, that is, not only the form of application is examined, but also whether the invention has the conditions of novelty, advancement and practicality. Only inventions with the above patent conditions can be granted a patent right. China and most countries in the world adopt the substantive examination system. (1) At the acceptance stage, the Patent Office will examine the patent application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the patent application category is unclear or uncertain, and the patent application sent directly by foreign units and individuals without foreign-related patent agencies will not be accepted. (2) The patent application accepted in the preliminary examination stage will automatically enter the preliminary examination stage if the application fee is paid in accordance with the regulations. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization instruction. (3) Publication stage The application for a patent for invention shall enter the publication stage from the date when the notice of preliminary examination is issued. If the applicant does not make a request for publicity in advance, it will not enter the public preparation procedure until 15 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection. (4) After the publication of the application for a patent for invention in the substantive examination stage, if the applicant makes a request for substantive examination and the request has taken effect, the applicant will enter the substantive examination procedure. If the applicant fails to make a request for real trial since the date of application, or the request for real trial has not taken effect, the application shall be deemed to have been withdrawn. In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application. If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required. (5) In the authorization stage, the application for a patent for utility model and design has been preliminarily examined, and the application for a patent for invention has not found any reason for rejection after substantive examination, the examiner shall make a notice of authorization and apply for authorization registration preparation. After examining the legal effect and completeness of the authorized text and proofreading and modifying the description items of the patent application, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right. (6) The patent re-examination procedure in the re-examination stage is a remedy for the applicant when the patent application is rejected. According to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision. Cases requesting re-examination include cases requesting patent re-examination because they refuse to accept the decision to reject the patent application in the preliminary examination and substantive examination procedures. Only the patent applicant has the right to start the patent reexamination procedure, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection.