I. The conditions to be met for priority examination of patents
Patent applications or patent reexamination cases with one of the following circumstances may request priority examination:
(1) involving energy conservation and environmental protection, new generation of information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy automobiles, intelligent manufacturing and other national key industries;
(2) involving the provincial and district patent examination organizations, the State Intellectual Property Office, the State Intellectual Property Office, the State Intellectual Property Office, the State Intellectual Property Office, the State Intellectual Property Office and the State Intellectual Property Office. (ii) involving the key industries encouraged by the people's governments at the provincial and municipal levels;
(iii) involving the Internet, big data, cloud computing and other fields and the rapid updating of technology or products;
(iv) where the applicant for a patent or the requestor for reexamination is ready to implement or has already begun to implement, or there is evidence to prove that another person is implementing the invention;
(v) the first time in China on the same subject matter;
(vi) the first time in China on the same subject matter. (v) the first application filed in China on the same subject matter and the first application filed in other countries or regions;
(vi) other national interests or public **** interests of great significance need to be prioritized for examination.
Second, the patent priority review how long it takes
Patent from the application to get a certificate, it takes about 3 to 6 months. Utility model patents, also known as small inventions or small patents, is the object of the patent right, is the object of patent law protection, refers to the utility model that should be granted a patent according to law. Utility model usually refers to the shape of the product, the structure or the combination thereof proposed new technical solutions suitable for practical use.
(a) design patent, from application to get the certificate about 3~6 months;
(b) utility model patent, from application to get the certificate about 3~6 months;
(c) invention patent, from application to get the certificate about 1~2 years. From August 1, the implementation of the "Administrative Measures for Priority Examination of Patents" stipulates that the State Intellectual Property Office agrees to carry out priority examination, it should be agreed from the date of the following period of time to close the case:
1. Patent application for invention within forty-five days to issue the first notice of examination opinion, and to close the case within one year;
2. Patent application for utility model and design within two months The case is concluded within two months;
3. Patent reexamination cases are concluded within seven months;
4. Invention and utility model patent invalidation cases are concluded within five months, and design patent invalidation cases are concluded within four months.
Three, the content of the patent examination
The content of the patent examination are:
(a) whether it is consistent with the definition of invention as stipulated in the second article of the Patent Law, i.e., a new technical solution proposed for a product, method or improvement thereof.
(ii) whether it conforms to the provisions of Article 5 of the Patent Law, i.e., whether the subject matter of the patent application is in violation of national laws, social morality or detrimental to public **** interests;
(iii) whether it conforms to the provisions of Article 25 of the Patent Law, i.e., whether the subject matter of the patent application falls within the scope of not being able to grant patents;
(iv) whether it is (e) whether the specification fully discloses the subject matter for which protection is sought in accordance with the requirements of Article 26(3) of the Patent Law;
(f) whether the technical solution defined by the claims possesses novelty and inventiveness as stipulated in Article 22(2) and (3) of the Patent Law;
(g) whether the claims are (viii) whether the claims clearly and concisely limit the scope of protection in accordance with the provisions of paragraph 4 of Article 26 of the Patent Law, based on the specification, and whether the independent claims express a complete technical solution to a technical problem;
(viii) whether the modification of the application document complies with the provisions of Article 33 of the Patent Law and Article 51 of the Implementing Rules;
(ix) whether the divisional application complies with the provisions of Article 43 of the Implementing Rules of the Patent Law; and The provisions of Article 43(1) of the Implementing Rules of the Patent Law;
(j) Whether the claims are not unitary;
Legal Basis: Article 2 of the Administrative Measures for Priority Examination of Patents (the Measures) applies to the priority examination of the following patent applications or cases: (i) invention patent applications at the stage of substantive examination; (ii) Utility model and design patent applications; (c) invention, utility model and design patent applications for re-examination; (d) invention, utility model and design patent invalidation. According to the State Intellectual Property Office and other countries or regions to carry out priority examination of bilateral or multilateral agreements signed by the patent examination body, in accordance with the relevant provisions of the treatment, does not apply to these measures.