Legal analysis: duplicate checking is needed. 1, check the copy when applying for a patent. 2, the repetition rate is controlled within 20%. 3, invention patents, utility model patents, appearance patents only preliminary examination generally do not retrieve the existing technology, technical scheme is complete, generally can be authorized. The patent should be examined in substance, and the examiner will search the existing technology. Patent application operation matters: 1. Patent application is a legal procedure. If the inventor applying for a patent wants to obtain a patent right quickly and stably and obtain legal protection, he can entrust a patent agent of the Patent Office to provide you with legal and technical assistance. Once the inventor establishes an agency relationship with the patent agent, the patent agent is your technical consultant and patent lawyer. 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. 3. Countries have different requirements for the examination of patent applications, and basically implement two different systems. One is to examine whether the form of the patent application meets the requirements of the law, rather than whether the invention meets the substantive conditions such as novelty. The other is the substantive examination system, which not only examines the form of application, but also examines 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. After receiving the patent application, the Patent Office will examine 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.
Legal basis: Article 34 of the Patent Law of People's Republic of China (PRC). After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, 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.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application. Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the retrieval materials or examination results materials for the examination of his application in that country within a specified time limit. If the application is not submitted within the time limit due to justifiable reasons, the application shall be deemed to have been withdrawn.
Article 37 If the administrative department for patent in the State Council considers that the application for a patent for invention is not in conformity with the provisions of this Law after substantive examination, it shall notify the applicant and ask him to state his opinions within a specified time limit. If he fails to reply within the time limit, his application shall be deemed to have been withdrawn.