To put it simply, there are three kinds of domestic patents: invention patents, utility model patents and design patents, among which only invention patents can be authorized through "preliminary examination" and "substantive examination", and the other two can only be authorized through "preliminary examination". In addition, the main difference between substantive examination and preliminary examination is: 1. The substantive examination is conducted at the request of the applicant, and the applicant needs to pay the fee at the same time. If the applicant fails to pay the fee or make a request within the prescribed time limit, even if the application for invention has been published, it will be regarded as withdrawn, that is, the contribution to society is futile and the patent right cannot be obtained. The request for preliminary examination was made by default when the application was submitted. Applicants only need to pay the basic application fee and publication fee and submit documents that meet the legal requirements, so that their applications can enter the preliminary examination procedure. 2. The content of substantive examination is much more than that of preliminary examination, and the requirements are relatively strict, which puts forward higher standards in novelty, creativity and practicality, disclosure of instructions, and whether the writing of claims meets the requirements. If it meets the standard, it will be authorized, and if it does not meet the standard, it will be rejected. 3. Because the examiner's standard is higher and the workload is bigger, the duration of the substantive examination procedure is much longer than that of the preliminary examination. For example, the preliminary examination may only take 3 months, while the substantive examination often takes 1-3 years or even longer. During this period, the applicant needs to submit the reply and amendment opinions to the application documents within the specified time according to the requirements of the examiner until the application documents meet the authorization standards. Otherwise, the examiner has the right to refuse. To sum up, regarding whether the national patent application needs physical objects, it should be noted that at the time of application, patents are generally divided into utility model patents and design patents, of which only invention patents need to pass "preliminary examination" and "substantive examination" to obtain authorization. Generally speaking, national patent applications do not need physical objects.
Legal objectivity:
According to China National Intellectual Property Administration's patent examination guidelines, retrieval in patent substantive examination includes two ways: machine examination and manual examination. First, the way of computer retrieval, in order to search as comprehensively as possible, the examiner should express every retrieval element from as many angles as possible, such as using keywords, classification numbers, chemical structural formulas, etc. For example, for the claim containing two basic search elements A and B, the basic search idea can be expressed as follows: two search results involving the classification number and keyword of search element A are merged in a logical or relational way as the search result of search element A; Combining two retrieval results related to the classification number and keywords of retrieval element B into the retrieval result of retrieval element B in a logical or relational way; Then, the above retrieval results of retrieval elements A and B are merged in a logical AND relationship as the retrieval result of the claim. In the actual retrieval process, the examiner can adopt different combination methods according to the specific situation of the application, such as: (1) combining the two retrieval results involving the classification number of element A and the keyword of element B with logic and relationship; (2) Combining two retrieval results involving the classification number of element A and the classification number of element B by logic and relationship; (3) merging the keywords related to element A and the keywords related to element B in a logical and relational way; (4) merging two retrieval results involving the keyword of element A and the classification number of element B by logic and relationship; (5) Merge the two retrieval results involving the classification number of element A and the keyword of element A in a logical OR relationship, and merge the results with the results involving the keyword or classification number of element B in a logical OR relationship. When using a search method can't find more relevant comparative documents, we should consider the documents that may be missed by this method. For example, in the pattern (1), documents that may be missed are: documents that contain keywords related to at least one of A and B, but are not classified under the classification number of A; The classification number is at least the same as one of A and B, but it does not contain the literature related to B. For the literature that may be missed, the retrieval method should be adjusted and targeted retrieval should be carried out. If no single document can be retrieved for the combination of retrieval elements A and B, which can evaluate the novelty or creativity of the technical scheme, the retrieval results of a single retrieval element A or B should generally be considered. If the technical scheme contains multiple basic retrieval elements, such as basic retrieval elements A, B and C, when a single document cannot be found to evaluate the novelty or creativity of the technical scheme, the combination of basic retrieval elements, such as A+B, A+C and B+C, should generally be considered; If necessary, you also need to consider retrieving elements a, b and c separately. The following examples illustrate the above retrieval ideas. The subject of this application relates to a device for preventing clothes from being stolen from clothes sold in stores. The device consists of two parts locked together from the front and back of the clothes, one of which has a needle-like structure and the other has a mechanism for engaging the needle. If the two parts are to be separated, the needle-like structure will damage the small container filled with liquid installed in the joint mechanism without special tools, resulting in the result that the liquid flows out and pollutes the clothes. The independent claim 1 is a device for preventing clothes sold in shops from being stolen. The device consists of two parts, which are locked together from the front and back of the clothes. One part has a needle-like structure, and the other part has a mechanism for engaging the needle. Characterized in that a small container filled with liquid is arranged in the meshing mechanism. Firstly, the basic retrieval elements reflecting the independent claim 1 technical scheme are analyzed and determined. Considering the application object or technical field of anti-theft device, the retrieval element-clothes can be determined; Considering the technical problems solved by the anti-theft device and the technical effects obtained, we can determine the retrieval element-anti-theft; Considering the technical means of anti-theft device, the retrieval element-liquid can be determined. From this, we can determine three basic retrieval elements that reflect the claim: clothes, anti-theft and liquid. Secondly, express the above retrieval elements from keywords, classification numbers and other aspects. The classification numbers of the expression retrieval element "clothes" are A4 1B 1/00, A4 1B9/00, A41d1/00 ~15/00. Key words are: clothes, clothing, sportswear, jacket, suit, cloth, Jack, jeans. The classification numbers of search elements "anti-theft" are E05B69/00, E05B73/00, G08B 15/02, G08B 13/00, G09F3/03, A44B9/ 18, etc. Key words are: anti-theft, anti-theft ..., anti-theft. The key words to express the search element "liquid" are: liquid, water, fluid, liquid, water and fluid. Then, according to the above retrieval method, the above three retrieval elements are searched in various combinations to find the relevant prior art documents. It should be noted that the determination of the above retrieval elements is only exemplary, and the examiner should adjust the retrieval elements in time according to the retrieval results. For example, the "needle" can also be considered for the retrieval elements that reflect technical means. In addition, in the process of computer retrieval, examiners can track and retrieve the cited documents, cited documents, inventors and applicants at any time according to relevant documents, so as to find further relevant documents. Second, the manual inspection method using manual inspection retrieval, the examiner can check according to the following steps.