What should be paid attention to in the preliminary examination of invention patents?

Preliminary examination of invention patents;

1. Whether the specifications of the materials submitted by the applicant are complete;

2. Whether the identity of the applicant is legal;

3. Whether the invention-creation for which the patent is requested violates national laws, social morality or harms public interests is the object for which the patent is not granted;

4. Other contents of the scope of review.

legal ground

Article 27 of the Patent Law of People's Republic of China (PRC)

To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.

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 immediately after 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 40

If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.