How to check whether a patent has passed the preliminary examination in a patent application?
The patent administrative department of the State Council is responsible for accepting and examining the patent application of China. Patent examination is divided into preliminary examination and substantive examination, and invention patents need substantive examination. So how can a patent application check whether the patent has passed the preliminary examination? Come and have a look with us. How to check whether a patent has passed the preliminary examination in a patent application? After the patent applied by the applicant has passed the preliminary examination, the patent administrative department of the State Council will inform the applicant, and the applicant does not need to inquire. Article 34 of the Patent Law of People's Republic of China (PRC) * * * 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, shall immediately publish it 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 to be 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. What is the task of preliminary examination of patent application? (1) Review whether the application documents submitted by the applicant comply with the provisions of the Patent Law and its detailed rules for implementation, and notify the applicant to eliminate the defects through rectification if there are any defects, so as to meet the publication conditions; When insurmountable defects are found, make review comments, indicate the nature of the defects, and end the examination and approval procedures as soon as possible by rejecting them. (2) Examining whether other documents related to the patent application submitted by the applicant at the same time or subsequently comply with the provisions of the Patent Law and its detailed rules for implementation, and if any defects are found in the documents, notifying the applicant to make corrections according to the nature of the defects, or directly making a decision not to submit them. (3) Examining whether other documents related to the patent application submitted by the applicant are submitted within the time limit specified in the Patent Law and its detailed rules for implementation or within the time limit specified by the Patent Office; Fails to submit or fails to submit, as the case may be, as withdrawn or not submitted. (4) to examine whether the amount and time limit for the applicant to pay the relevant fees comply with the provisions of the Patent Law and its detailed rules for implementation. If it fails to pay, fails to pay in full or fails to pay within the time limit, it shall make a decision to withdraw or not to put forward according to the situation. How to check whether the patent has passed the preliminary examination on the patent application? We are here to answer this question for you. If you have more questions about patent application, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.