(1) Submit the subject of patent priority examination.
The applicant, the claimant for invalidation or the patentee may make a request for priority examination; At the same time, Article 5, paragraph 1 of the Measures for the Administration of Patent Priority Examination stipulates that the request for priority examination of patent applications and patent reexamination cases shall be agreed 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. Paragraph 2 of Article 5 of the Measures for the Administration of Patent Priority Examination stipulates that the local intellectual property office, the people's court or the arbitration and mediation institution that accepts the patent infringement dispute involved may make a request for priority examination of the invalidation case.
(2) the application method that should be adopted for the patent application or case requiring priority examination.
Article 7 of the Measures for the Administration of Patent Priority Examination stipulates that a patent application or patent reexamination case requesting priority examination shall be filed electronically. It is suggested that applicants use electronic application, which is helpful to speed up the whole process of patent application and shorten the whole examination cycle. At the same time, because the priority patent application shortens the defense period, the applicant can receive the notice issued by the patent office in the shortest time by electronic application, thus having enough time to defend.
(3) The priority patent application shortens the defense period.
Article 11 of the Measures for the Administration of Patent Priority Examination stipulates that the applicant shall make a reply or make corrections to the patent application requiring priority examination 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. The above-mentioned time limit has been significantly shortened compared with the normal review period. Please make preparations in advance, pay attention to receiving the notice issued by the Patent Office in time, and submit the defense documents within the prescribed time limit.
(4) China National Intellectual Property Administration can stop the priority examination procedure for patent applications that have been given priority examination.
Article 12 of the Measures for the Administration of Patent Priority Examination stipulates that in any of the following circumstances, China National Intellectual Property Administration may stop the priority examination procedure, handle it in accordance with ordinary procedures, and promptly notify the applicant for priority examination:
(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.
The applicant shall, in accordance with the above provisions, pay attention to avoid the suspension of the procedure of the patent application for which he has the priority to examine, resulting in the loss of his own interests.