How to handle the priority examination of patent application?

For an application for a patent for invention in the substantive examination stage and an application for a patent for utility model and design for which the application fee has been paid, priority examination materials may be submitted, including a request for priority examination signed by the relevant department of the State Council or the provincial intellectual property office, explanations and corresponding certification materials, existing technology or existing technology information materials. In addition, the patent application for priority examination should be an electronic application, and it is suggested that the applicant adopt an electronic application in XML format to speed up the examination cycle.

In view of the situations (1) and (3) stipulated in Article 3 of the Measures for the Administration of Patent Priority Examination, the requester shall provide the certification materials that can prove that the invention meets the above situations. In view of (two) cases, it is necessary to submit the certification materials issued by the Municipal People's Government. Situation (4), product photos, product catalogs, product manuals, etc. Can be provided to those who are ready to implement it; If it proves that it has been implemented or has potential infringement, it can provide proof of product trading or sales. In view of the situation (5), when submitting a patent application through the Paris Convention for the Protection of Industrial Property, the acceptance notice submitted to the patent examination institution of the corresponding country or region needs to be translated in Chinese and signed; When submitting a patent application through the patent cooperation treaty, you only need to fill in the CT patent number in the priority review request. Situation (6) generally refers to major events involving the country.

The priority examination of a patent application should be approved by all applicants, so the priority examination materials should be signed by all applicants, and the premise of agency signing is that all applicants issue letters agreeing to the priority examination and entrust an agency to handle it.

The priority review materials shall be delivered or mailed to China National Intellectual Property Administration in paper form, and the address is the service department of preliminary examination and process management department of China National Intellectual Property Administration Patent Office, No.6, Xitucheng Road, Jimenqiao, Haidian District, Beijing, with the zip code of 100088.

China National Intellectual Property Administration will send a written notice of approval or disapproval to the applicant according to the contact address in the priority review request within 3 to 5 working days after receiving the priority review request.