How to request to consult and copy patent application documents-Law Express (lawtime.cn)
According to China National Intellectual Property Administration's patent examination guidelines, relevant personnel can consult and copy relevant patent application documents, but they must follow certain principles and procedures.
First, the principle of acquisition and reproduction.
(1) The Patent Office is responsible for keeping confidential the application for a patent for invention before publication and the application for a patent for utility model and design before authorization announcement. During this period, the applicant's access and copying are limited to the applicant and his agent.
(2) Anyone can request the Patent Office to consult and copy the published application documents for a patent for invention and the authorized application documents for a patent for utility model and design.
(three) in principle, you can consult and copy the files that have been reviewed and declared invalid.
(4) The Patent Office and the Patent Reexamination Board shall be responsible for keeping confidential the reexamined and invalid files that have not yet been concluded. For the documents in the invalid procedure, the claimant is limited to the parties to this case.
(5) The conclusion of the case is the review and invalid case file that is regarded as not submitted, inadmissible, voluntarily withdrawn and withdrawn. For the documents in the review and invalidation procedure, the claimant is limited to the parties to the case.
(6) The Patent Office and the Patent Reexamination Board may, in principle, consult and copy various documents required by the parties according to the needs of examination. However, the act of consulting and copying may harm the legitimate rights and interests of the parties concerned, or involve personal privacy or business secrets, except.
(7) Relevant documents that are related to national interests or are kept for the internal business and management needs of the Patent Office and the Patent Reexamination Board shall not be consulted and copied.
Two. Content that is allowed to be viewed and copied
(1) For an application for a patent for invention before publication, an application for a patent for utility model and an application for a patent for design before authorization announcement, the applicant or his agent may consult and copy the relevant contents in the patent application file, including the application documents, the procedures directly related to the application, the notice and decision sent to the applicant in the preliminary examination procedure, and the text of the applicant's reply to the notice.
(2) For the file of an application for a patent for invention that has been published but has not been announced for granting a patent right, you can consult and copy the relevant contents in the file of the patent application as of the publication date, including: application documents, program documents directly related to the application, publication documents, notices and decisions issued to the applicant in the preliminary examination procedure, and the text of the applicant's reply to the notice.
(3) For the patent application documents for which the patent right has been announced, the contents that can be consulted and copied include: the application documents, the procedures directly related to the application, the publication documents of the application for a patent for invention, the announcement documents of the award, and the texts of the notices and decisions issued by the Patent Office and the Patent Reexamination Board to the applicant or interested parties in all the review procedures that have ended (including preliminary examination, substantive examination, reexamination and invalidation, etc.). ), and the reply text of the applicant or interested party to the notice.
(4) Where it is necessary to consult and copy the patent application documents that have not been closed in the re-examination procedure or the invalidation procedure due to special circumstances, the contents of the patent application documents shall be consulted and copied with the consent of the relevant parties and with reference to the relevant provisions in items (1) and (2) above before entering the current review procedure.
(five) in addition to the above contents, no other documents may be consulted or copied.
Three. Procedures for consulting and copying
Consulting and copying the files in the patent application documents shall be carried out in the following order:
(1) The requester submits a written request and pays the prescribed fee;
(2) After examining the relevant certificates or vouchers issued by the applicant, the staff of the Patent Office shall go to the department where the files are located to extract the files, sort out the files in accordance with the above-mentioned provisions on allowing access to and copying the contents, and take out the files that are not allowed to be accessed and copied;
(three) to agree on the inspection time with the requester and issue an inspection notice;
(four) the inspectors shall refer to the documents at the designated place with the inspection notice and make copies of the documents that need to be copied.
(5) After consulting, the staff of the Patent Office will rearrange the patent application documents, save the original and photocopy of the documents requested to be read in the documents, and return the documents to their subordinate departments.