The contents of the formal examination of the invention patent include:
1. Whether the content of the application is true and accurate. Mainly refers to the name of the inventor, the name of the applicant, address, and other matters;
2. Whether the applicant is qualified to apply;
3. Is the format of the application form qualified.
Legal Basis
Article 26 of the Patent Law of the People’s Republic of China that came into effect on June 1, 2021
Apply for an invention or For utility model patents, documents such as a request, description and abstract, and claims must be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
Article 34
After the patent administration department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.