petition
4. 1. 1 name of invention
The invention name in the request shall be consistent with the invention name in the specification. The name of the invention shall briefly and accurately indicate the subject and type of the application for a patent for invention. The name of the invention shall not contain non-technical words such as name, unit name, trademark, code name and model number. Nor shall it contain ambiguous words such as "and others" and "and its analogues"; Nor should we only use general words, so that no information about the invention is given. For example, we only use words such as "method", "device", "composition" and "compound" as the name of the invention.
The name of the invention generally does not exceed 25 words. Under special circumstances, for example, some inventions in the field of chemistry may be allowed up to 40 words.
4. 1.2 Inventor
Article 13 of the Detailed Rules for the Implementation of the Patent Law stipulates that an inventor refers to a person who has made creative contributions to the substantive features of an invention-creation. In the examination procedure of the patent office, the examiner does not examine whether the inventor filled in the request meets the requirements.
The inventor shall be an individual, and no unit or collective shall be filled in the request, such as "XX research group". Inventors shall use their real names, and shall not use pen names or other informal names. If there is more than one inventor, it shall be filled in from left to right. Do not meet the requirements, the examiner shall issue a notice of correction. Where the applicant corrects the name of the inventor in the request, it shall submit the correction opinions, the statements of the parties and the corresponding supporting documents.
The inventor may request the Patent Office not to publish his name. When filing a patent application, if the name of the inventor is requested not to be published, it shall be marked "(Not to publish the name)" at the back of the corresponding inventor filled in the "Inventor" column of the request. After making a request not to publish the name, if it meets the requirements after examination, the Patent Office will not publish its name in the patent bulletin, patent application pamphlet, patent pamphlet and patent certificate, and indicate the words "Request not to publish its name" in the corresponding position, and the inventor shall not request to publish its name again. Where the name of the inventor is requested not to be published after filing a patent application, a written statement signed or sealed by the inventor shall be submitted. However, if a request is made after the patent application enters the stage of preparation for publication, it shall be deemed that the request has not been made, and the examiner shall issue a notice as if it has not been made. Foreign inventors can use foreign abbreviations in Chinese translation, with a dot between the surname and the first name and a dot in the middle, such as M. Jones.
4. 1.3 Applicant
4. 1.3. 1 The applicant is a local.
The right to apply for a patent for service invention belongs to the unit; The right to apply for a patent for a non-service invention belongs to the inventor.
In the examination procedure of the patent office, the examiner generally does not examine the qualifications of the applicant filled in the request. If the applicant is an individual, it can be presumed that the invention is a non-service invention, and the individual has the right to file a patent application. Unless it is obvious from the contents of the patent application that the applicant's qualification is in doubt, it is necessary to notify the applicant to provide the non-service invention certificate issued by his unit. If the applicant is a unit, it can be presumed that the invention is a service invention, and the unit has the right to file a patent application, unless the applicant qualification of the unit has obvious doubts, for example, the unit to be filled in is the research department of XX University or the research group of XX Institute, and it is necessary to issue a notice of correction to inform the applicant to provide supporting documents that can show his applicant qualification.
Applicants who declare their qualifications and submit supporting documents can be regarded as qualified. The certificate issued by the competent department at a higher level, the legal person certificate stamped with the official seal of the unit or a copy of the valid business license shall be regarded as a valid certificate. If the applicant does not have the qualifications of the applicant and needs to be replaced, the applicant after replacement shall go through the formalities of correction, submit the correction book and the replacement applicant statement signed or sealed by the applicant before and after replacement.
If the applicant is a unit or individual in China, it shall fill in its name, address, postal code, organization code or resident identity card number. If the applicant is an individual, his/her real name shall be used, and no pen name or other informal name shall be used. If the applicant is a unit, it shall use the official full name, and shall not use abbreviations or abbreviations. The name of the unit filled in the request shall be consistent with the name of the unit on the official seal used. Do not meet the requirements, the examiner shall issue a notice of correction. Where the applicant corrects the name or title in the request, it shall submit the correction opinions, the statements of the parties and the corresponding supporting documents.
4. 1.3.2 The applicant is a foreigner, foreign enterprise or other foreign organization.
Article 18 of the Patent Law stipulates that if a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed between the country where it is located and China or the international treaties to which it is a party, or in accordance with the principle of reciprocity.
If the applicant is a foreigner, foreign enterprise or other foreign organization, it shall fill in its name, nationality or registered country or region. When the examiner thinks that the applicant's nationality and place of registration filled in the request are in doubt, he may, according to the provisions of Item (1) or Item (2) of Article 33 of the Detailed Rules for the Implementation of the Patent Law, notify the applicant to provide the certificate of nationality or the documents of the country or region where he is registered. If the applicant indicates in the request that it has an office in China, the examiner shall require the applicant to provide the certification documents issued by the local administrative department for industry and commerce. If the applicant indicates in the request that he has a habitual residence in China, the examiner shall require the applicant to submit a certificate issued by the public security department that he can live in China for more than one year.
After confirming that the applicant is a foreigner, foreign enterprise or other foreign organization with no habitual residence or business office in China, it shall examine whether the nationality and place of registration filled in the application form of the applicant meet one of the following three conditions:
(1) The country to which the applicant belongs has signed an agreement with China to grant patent protection to the nationals of the other country;
(2) The country to which the applicant belongs is a member of the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention) or the World Trade Organization;
Paragraph 3 of Article 33
(3) The country to which the applicant belongs grants patent protection to foreigners according to the principle of reciprocity.
Examiners should be from the country to which the applicant belongs (the applicant is an individual, by nationality or habitual residence; If the applicant is an enterprise or other organization, whether it is a member of the Paris Convention or the World Trade Organization, there is generally no need to examine whether the country has signed an agreement with China to grant patent protection to the nationals of the other country, because all countries that have signed the above agreement with China are members of the Paris Convention or the World Trade Organization. Only when the applicant's country is not a member of the Paris Convention or the World Trade Organization, it is necessary to examine whether there are provisions in the laws of that country that grant foreigners patent protection according to the principle of reciprocity. If the laws of the applicant's country do not clearly stipulate the patent protection clauses for foreigners according to the principle of reciprocity, the examiner shall require the applicant to submit a certificate indicating that the applicant's country recognizes that China citizens and units can enjoy patents and other related rights in that country under the same conditions as nationals of that country. Where the applicant is unable to provide supporting documents, his patent application shall be rejected on the grounds that he does not conform to the provisions of Article 18 of the Patent Law in accordance with the provisions of Article 44 of the Detailed Rules for the Implementation of the Patent Law.
For applicants from the territories or territories of the member countries of the Paris Convention, it should be examined whether the country has declared that the Paris Convention is applicable to the region.
The applicant is an individual, and foreign abbreviations can be used in his Chinese translation. The last name and the first name are separated by dots, and the dots are placed in the middle, for example, M. Jones. Names must not contain titles such as degree and position, such as Dr. XX and Professor XX. If the applicant is an enterprise or other organization, its name shall be the full name of the official Chinese translation. It is allowed to use some titles with independent legal person status according to the laws of the country where the applicant is located.
4. 1.3.3 domestic applicants and foreign applicants jointly apply.
Where a domestic applicant and a foreign applicant apply for a patent at the same time, the provisions of section 4. 1.3. 1 of this chapter apply to the domestic applicant, and the provisions of section 4. 1.3.2 apply to the foreign applicant.
Rule 4.2
4. 1.4 contacts
If the applicant is a unit and has not entrusted a patent agency, it shall fill in the contact person, who is the recipient of the letter sent by the Patent Office, not the unit. The contact person shall be the staff of the unit, and the examiner may require the applicant to issue a certificate when necessary. If the applicant is an individual and needs someone else to collect the letter sent by the patent office, you can also fill in the contact person. Contact person can only fill in one person. If you fill in the contact person, you also need to fill in the contact person's mailing address, postal code and telephone number.
Rule 15.4
4. 1.5 stands for
Where there are more than two applicants and no patent agency has been entrusted, unless otherwise specified in this Guide or in the request, the applicant who signed the name first shall be the representative. Unless otherwise stated in the request, the representative of the declaration shall be one of the applicants. Except for the procedures directly related to the rights of * * * *, the representative may handle other procedures in the Patent Office on behalf of all applicants. Procedures directly related to * * * rights include: filing a patent application, entrusting a patent agent, transferring the right of patent application, priority or patent right, withdrawing the patent application, withdrawing the priority claim, and giving up the patent right. Procedures directly related to * * * rights shall be signed or sealed by all rights holders.
Law 19 Detailed Rules 16(4)
4. 1.6 patent agencies and patent agents
In accordance with the provisions of the Patent Agency Regulations, a patent agency was established with the approval of China National Intellectual Property Administration.
The name of a patent agency shall use its full name registered in China National Intellectual Property Administration, which is consistent with the name stamped with the official seal of the patent agency in the application documents, and abbreviations or abbreviations shall not be used. The request shall also fill in the organization code of China National Intellectual Property Administration to the patent agency.
A patent agent refers to a person who has obtained a patent agent qualification certificate, practiced in a legal patent agency and obtained a patent agent practice certificate in China National Intellectual Property Administration. In the request, the patent agent shall use his real name and fill in the patent agent's practice license number and contact telephone number. A patent application may not have more than two patent agents.
Law 26.2 Detailed Rules 16
4. 1.7 address
The address in the request (including the address of the applicant, patent agency and contact person) shall meet the requirements of timely and accurate mail delivery. The address of a country shall include the postal code of the region where it is located, as well as the house number and telephone number of a province (autonomous region), city (autonomous prefecture), district or street, or the house number and telephone number of a province (autonomous region), county (autonomous county), town (township) or municipality directly under the Central Government. If there is a post office box, you can use it according to the regulations. The address may contain the company name, but the company name shall not replace the address, for example, it is not allowed to only fill in the name of XXX university in XXX province. The foreign address should indicate the country, city (county, state) and attach a detailed foreign address.
7.2 Description
In the preliminary examination, whether the examination instructions obviously do not conform to the provisions of paragraph 3 of Article 26 of the Patent Law and paragraphs 1 to 3 of Article 17 of the Detailed Rules for the Implementation of the Patent Law. For the review of Paragraph 3 of Article 26 of the Patent Law, please refer to Section 2. 1 in Chapter 2 of Part II of this Guide.
Law 26.3 Rules 17. 1 and.2 Rules 17. 1(3) Rules 17./(4) Rules17./kloc.
The review of the manual includes the following contents:
(1) The specification shall clearly and completely explain the utility model, which shall be subject to the realization of technicians in the technical field; Technicians in the technical field can realize it, which means that technicians in the technical field can realize the technical scheme of the utility model according to the contents recorded in the manual, solve its technical problems and produce the expected technical effect.
(2) The description shall specify the name of the utility model, which shall be consistent with the name in the request. The manual should also include five parts, namely, technical field, background technology, contents of utility model, attached drawings and specific implementation methods, and the titles should be written in front of each part.
(3) The contents of the utility model in the specification shall describe the technical problems to be solved by the utility model, the technical solutions adopted to solve the technical problems and the beneficial effects of the utility model relative to the background technology. The technical problems to be solved, the technical solutions adopted and the beneficial effects shall be compatible with each other, and there shall be no contradictory or irrelevant situations.
(4) The description of the utility model shall be consistent with the description of the corresponding technical scheme defined in the claim.
(5) The description shall indicate the name of each drawing and briefly explain the contents of the drawing. If there are multiple drawings, the drawings shall be explained.
(6) The specific implementation part of the specification shall give at least one preferred way to realize the utility model, and explain it with reference to the attached drawings.
(7) The specification shall use standard words and clear statements, accurately express the technical scheme of the utility model in technical terms, and shall not use quotations as claimed in the claims.
(8) The text of the instruction may contain chemical formulas, mathematical formulas or tables, but no illustrations, including flowcharts, block diagrams, curves and phase diagrams. , can only be used as a drawing of the instruction manual.
(9) Where there are drawings in the main body of the specification, but the specification lacks corresponding drawings, the applicant shall be notified to cancel the drawings in the main body of the specification, or submit the corresponding drawings within a specified time limit. Where the applicant submits the appended drawings, the date of submitting or mailing the appended drawings to the Patent Office shall be the filing date, and the examiner shall issue a notice to re-determine the filing date. Where the applicant cancels the corresponding appended drawings, the original application date shall be retained.
(10) Instructions shall be numbered with Arabic numerals.
7.3 Attached drawings of the instruction manual
The attached drawings are an integral part of the specification. The function of the appended drawings is to supplement the description of the text part of the manual with graphics, so that people can intuitively and vividly understand the technical features and overall technical scheme of the utility model. Therefore, the drawings in the specification should clearly reflect the contents of the utility model.
Rule 12 1. 1 rule 18. 1 rule12/0/.3 rule 18.2 rule17.
According to the provisions of Article 17, paragraph 5 and Article 18 of the Detailed Rules for the Implementation of the Patent Law, the appended drawings of the specification are examined. The examination of the attached drawings in the instruction manual includes the following contents:
(1) Engineering blueprints and photos shall not be used in the attached drawings.
(2) The attached drawings shall be drawn with drawing tools including computers and black ink, and the lines shall be uniform and clear, and shall not be colored or altered; There should be no borders around the drawings that have nothing to do with the drawings.
(3) The appended drawings shall be numbered with Arabic numerals and represented by figure 1 and figure 2. , and should be directly marked below the corresponding drawings.
(4) The attached drawings shall be drawn vertically on the drawings as far as possible and clearly separated from each other. When the horizontal dimension of parts is obviously larger than the vertical dimension and must be arranged horizontally, the top of the drawing should be placed on the left side of the drawing. When there are more than two drawings on a page, and one of them has been arranged horizontally, the other drawings on the page should also be arranged horizontally.
(5) The size and clarity of the attached drawings shall ensure that all the details in the drawings can still be clearly distinguished when the drawings are reduced to two thirds, so as to meet the requirements of copying and scanning.
(6) When a patent application has multiple drawings, in the drawings used to represent the same embodiment, the reference numerals indicating the same parts (same technical features or same objects) should be consistent. The same reference numerals used in the specification and drawings indicate the same parts. Reference symbols not mentioned in the text of the specification shall not appear in the drawings, and reference symbols not appearing in the drawings shall not appear in the text of the specification.
(7) The appended drawings shall have no other comments except necessary words; The text should be in Chinese, and the original text can be indicated in brackets if necessary.
(8) The structural block diagram, logical block diagram and process flow diagram shall have necessary words and symbols.
(9) The same drawing should be drawn at the same scale, and a partial enlargement can be added to clearly show one of the components.
(10) The attached drawings in the specification shall show the shape, structure or combination of the product to be protected, and shall not only show the existing technology, nor shall they only show the effect and performance of the product, such as the temperature change diagram.
(1 1) The drawings in the manual shall be numbered with Arabic numerals.
7.4 claim
In the preliminary examination, it is examined whether the claim is obviously inconsistent with the provisions of Article 26, paragraph 4, of the Patent Law and Articles 19 to 22 of the Detailed Rules for the Implementation of the Patent Law. For the review of Paragraph 4 of Article 26 of the Patent Law, please refer to Section 3.2, Chapter 2, Part II of this Guide.
The examination of the claim includes the following contents:
(1) The claim shall clearly and concisely define the scope of patent protection on the basis of the specification.
(2) The claim shall record the technical features of the utility model.
(3) The independent claim shall reflect the technical scheme of the utility model as a whole; Unless it must be expressed in other ways, an independent claim should include a preamble part and a characteristic part. The preface shall clearly indicate the title of the subject of the technical scheme of the utility model to be protected, as well as the necessary technical features of the subject of the utility model and the closest existing technology. The characteristic part should use "characterized by" or similar words to indicate the technical characteristics of the utility model that are different from the nearest existing technology.
(4) The dependent claims shall further define the cited claims with additional technical features, and their writing shall include the quoted part and the limited part. The reference part shall indicate the serial number of the cited claim and the subject name consistent with the independent claim, and the limited part shall indicate the additional technical features of the utility model.
Rule 2 1.3 rule 26.4 rule 19. 1 rule 26.4 rule 26.4 rule 19. 1 rule 19.2 rule 19.3 rule
(5) A utility model should have only one independent claim, which is written before the subordinate claim of the same utility model.
(6) What is stated in the claim but not stated in the specification shall be added to the specification.
(7) The claim shall not contain features that do not produce technical effects.
(8) Claims generally should not contain technical features represented by graphs.
(9) In the claims, we should try to avoid using the features of function or effect to define the utility model, and the features should not simply describe the functions of the utility model. Only when a technical feature cannot be defined by structural features, or the technical feature is defined by structural features instead of functional or effect features, and the function or effect is fully explained in the specification, can the functional or effect features be allowed to define the utility model.
(10) Claims shall not use terms with vague technical concepts or uncertain meanings.
(1 1) Words irrelevant to the technical scheme, such as "requesting to protect the production and sales rights of this patent", commercial propaganda words and words that belittle others or their products shall not be used in the claim.
In addition, the claim shall meet the following formal requirements:
(1) Only one period is allowed at the end of each claim; An idea can be expressed in a natural paragraph, or in branches or sub-paragraphs. Only semicolons or commas can be used for branches and sub-paragraphs, and serial numbers can be given before branches or sub-paragraphs if necessary.
(2) The claim should not have a title.
(3) Where there are several claims in the claims, they shall be numbered in Arabic numerals.
(4) A claim may have a chemical formula or a mathematical formula, but it may not have illustrations or charts. Unless absolutely necessary, the words "as described in the manual" or "as shown in the figure" shall not be used.
(5) The technical features in the claim can refer to the corresponding marks in the attached drawings of the specification to help understand the technical scheme recorded in the claim. However, these marks should be enclosed in brackets and placed after the corresponding technical features, and the reference signs used in the claims should be consistent with those in the specification.
(6) Dependent claims can only refer to previous claims. A plurality of dependent claims quoting more than two claims can only quote the preceding claim in one way, and cannot be used as the basis for being quoted by another plurality of dependent claims, that is, the following plurality of dependent claims cannot quote the preceding plurality of dependent claims.
(7) The claims shall be numbered in Arabic numerals.
7.5 Description Summary
According to the provisions of Article 23 of the Detailed Rules for the Implementation of the Patent Law, the abstract of the specification shall be examined. The review of the abstract of the instruction includes the following contents:
(1) The abstract shall specify the name and technical field of the utility model, clearly reflect the technical problem to be solved, the main points and main uses of the technical scheme to solve this problem, especially the technical features reflecting the improvement of the shape and structure of the utility model relative to the background technology, and shall not be written as an advertisement or a simple functional product introduction.
(2) The abstract shall not use the name of the utility model as the title.
(3) Abstract can have chemical formula or mathematical formula.
(4) The abstract text (including punctuation marks) shall not exceed 300 words.
(5) The abstract of the specification shall have abstract drawings, and the applicant shall submit the drawings selected from the drawings of the specification that can reflect the technical scheme as abstract drawings.