Issues regarding compliance with Article 2, Paragraph 2 of the Patent Law

Patent review and approval process is the entire process in which the Patent Office reviews the applicant's patent application, approves and grants the applicant the patent right. China's patent approval process goes through the following stages from the acceptance of the application to the decision to grant a patent or a reexamination decision: The first stage is preliminary examination (formal examination). The main purpose is to find out whether the patent application complies with the formal requirements of the Patent Law. Including the following: ①Whether the application procedures stipulated by the law have been fulfilled. ② Whether the request, description and claims use the prescribed format, and whether the filling in meets the requirements. ③Whether the application fee has been paid. ④Whether the invention applied for patent is an invention that violates laws and morals or harms public interests. ⑥Whether the invention is an item for which patent rights are not granted. ⑥ Whether the invention is obviously not practical. ⑦Whether the entrusted patent agency has a power of attorney. For formal defects, the Patent Office shall notify the applicant to make corrections or corrections within a specified period. The Patent Office will reject the application if there are any of the following circumstances: the invention violates the law, morality or harms the interests of the public; the applicant does not have the right to apply for a patent; it is a project for which patent rights are not granted according to law; the invention has no practicality; it is a foreigner According to the provisions of China’s Patent Law, you are not entitled to apply for a patent in China, or you have not applied through an agency. Early publication of Phase II patent applications. China’s Patent Law stipulates that all patent applications shall be published within 18 months from the date of application, except those that have been withdrawn or rejected during this period. However, upon the request of the applicant, they may also be published in advance. The method of publication is to publish the abstract of the bibliographic matters and the invention described in the patent application in the Patent Gazette. In addition, the full text of the invention description (including drawings) and claims must be published in separate form. The purpose of implementing early publication of patent applications is to avoid repeated research, repeated investment and repeated patent applications for the same technology, so as to save manpower, material and financial resources, and reduce losses to enterprises and the country. The third stage of substantive examination. Within 3 years from the filing date or priority date, the Patent Office shall conduct a substantive examination of the invention at the request of the applicant. Substantive examination mainly examines whether the patent application meets the conditions for granting patent rights. The contents of the examination include: 1. Whether the invention has novelty, creativity and practicality. This is the central task of substantive examination. ②Whether the description, drawings and claims comply with legal requirements. ③Whether the applicant has submitted reference materials related to his invention before the filing date. ④ Whether it meets the requirements for unity of invention. ⑤ Whether the modifications made by the inventor to the application exceed the scope of the original application. ⑥ If priority is requested, issues related to priority should be reviewed. ⑦ Whether the invention for which a patent is applied for proposes a new technical solution for a product, method or improvement thereof. Stage 4 Rejection and Review. After the substantive examination is completed, if the Patent Office believes that the patent application does not comply with the provisions of the Patent Law, it shall notify the applicant to make modifications within a specified period. If it still does not comply with the regulations after modification, especially if the patent application has any of the following circumstances, the patent will be rejected: ① The description and claims do not comply with the regulations. ② Does not meet the requirement of unity of invention. ③The applicant does not have the right to apply for a patent or cannot be granted a patent right. ④ The patent application does not meet the conditions or violates Chinese laws, morals, and harms public interests, as well as items that are not patentable by law: ⑤ The applicant does not provide reference materials related to his invention before the filing date. ⑥The modification to the patent application exceeds the scope of the original application. If the applicant is dissatisfied with the rejection of the application, he may appeal to the Patent Reexamination Board and request reexamination within 3 months from the date of receipt of the notice. If the petitioner is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the court within 3 months from the date of receipt of the notice. Stage 5 Review Decision and Objection Process. If the patent application complies with the regulations after substantive examination, the Patent Office will make an examination decision and announce it. Within 3 months from the date of announcement of the examination decision, anyone can file an objection to this patent application to the Patent Office. The applicant shall submit a written reply within 3 months from the date of receipt of a copy of the objection sent by the Patent Office. The Patent Office must examine whether the objection raised is valid. If the objection is established, the Patent Office will reject the applicant's application and cancel the original examination decision; if the objection is not established, it will make a decision to grant the applicant a patent right.