2. Whether the documents or attachments to be submitted are complete and have legal effect;
3 instructions, claims, drawings or design drawings or photos meet the publishing requirements. Preliminary examination, also known as "formal examination" or "format examination", is the examination conducted by the patent administration department of the State Council on whether the application for a patent for invention, utility model and design meets the requirements of patent form. The main purposes of the preliminary examination are: to find out whether the invention applying for patent meets the requirements of the patent law on form, so as to prepare for the future public and substantive examination; Find out whether the utility model and design applying for patent conform to the provisions of the patent law on granting patent right, and grant patent right to the utility model and design that meet the authorization conditions according to law. Before the preliminary examination, the confidentiality review should be conducted first, and the confidentiality should be handled according to the confidentiality procedure. Before the preliminary examination, the patent for utility model and design should also give the applicant three months to actively modify the application content.
If the preliminary examination fails, the Patent Office shall notify the applicant of the examination opinions and require him to state his opinions within a specified time limit. If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. After the applicant has stated his opinions, if the Patent Office still considers that it does not meet the requirements, the application will be rejected.
Legal basis: Unless otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted by Article 339 of the General Principles of the Civil Law of People's Republic of China (PRC) belongs to the research and development personnel. If the research developer obtains a patent, the client can exploit the patent for free.