1, registration system, also known as formal review system, preliminary review system and format review system.
2. Review system, also known as substantive review system, requires both preliminary review and actual review, so it is called complete review system. Among them, there are two kinds of immediate review system and deferred review system.
3. Review system. There are two types: one is to implement a complete review system only in some industrial technology fields; The other is to only examine the novelty in the "three natures".
(1) "registration system", also known as "formal review system" and "non-review system". It mainly examines the application documents of patent applications and related procedures, file formats, payment of application fees and other formal conditions. After passing the examination, it shall be registered and granted a patent right. The registration system does not examine the substantive conditions such as novelty, creativity and practicality of patent applications. The advantages of the registration system are that the patent application is approved quickly, the cost is low, and there is no need to set up a huge examination institution and a large number of documents; The defects are that the invention-creation value applied for patent is not clear, the quality of the approved patent cannot be guaranteed, and the granted patent right is unreliable, which is prone to disputes. It has been adopted by Belgium, Greece and other countries as well as the member countries of the African Intellectual Property Organization.
(2) "review report system", also known as "document report system". In the formal examination of the patent application, the novelty search of the invention and creation should also be carried out, and the examination report should be formed. The examination report system is superior to the registration system in that it can make the patent applicant or interested party clearly know whether the invention is novel, but it can't effectively prevent the invention lacking creativity from being granted a patent right.
③ "censorship", also known as "complete censorship". The Patent Reexamination Board examines not only the form of the patent application, but also its essence. This system can ensure the quality of approved patents, is conducive to the promotion and utilization of inventions, and reduces patent disputes and lawsuits. However, it takes a long time to approve patent applications, which easily leads to a backlog, and requires higher requirements for the establishment of patent examination institutions and the quality of personnel.
There are two types of examination systems. One is the "instant examination system", that is, all patent applications are examined in substance in turn; The other is the "delayed examination system", also known as the "request examination system", that is, after the formal examination of the patent application, the substantive examination is carried out according to the applicant's request. China's patent law adopts a preliminary examination system for applications for patents for utility models and designs, and a deferred examination system for invention patents.
legal ground
patent law of the people's republic of china
Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.