What is the preliminary examination of invention patent?
Patent preliminary examination, also known as "formal examination" or "format examination", is a review conducted by the patent administrative department of the State Council on whether the application for a patent for invention, utility model and design meets the formal conditions. The main purpose of the preliminary examination is to find out whether the invention applying for a 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. According to the provisions of the Patent Law, the contents of the preliminary examination of the invention patent include: 1, whether the applicant's application documents are complete, and whether the writing conforms to the provisions of the Patent Law and its implementing rules; 2. The applicant's identity is legal and all kinds of certificates are complete. If the applicant is a foreigner, whether to entrust an agent according to law; 3. Whether the invention-creation for which the patent is applied violates national laws, social morality or harms public interests, and whether it belongs to the object for which the patent right is not granted; 4. Whether the applicant has paid the application fee, etc. Article 19 of the Patent Law Where a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent and handles other patent affairs in China, it shall entrust a patent agency established according to law to handle it. Units or individuals applying for patents and handling other patent affairs in China may entrust a legally established patent agency to handle them. Patent agencies shall abide by laws and administrative regulations, accept the entrustment of clients, and handle patent applications or other patent affairs; The contents of the client's invention and creation shall be kept confidential, except that the patent application has been published or announced. Specific measures for the administration of patent agencies shall be formulated by the State Council. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons. Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 34 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 after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.