How do examiners of the National Patent Office apply for university patents

After acceptance, utility model patents and appearance patents will first go through a preliminary examination, mainly to check whether there are obvious errors, whether they comply with the relevant provisions of laws and regulations, and whether they fall within the scope of protection of utility models or designs. If no problem is found, a letter of authorization will be issued, and a certificate will be issued after payment. If the requirements are not met, the examiner will issue an examination opinion, or a letter of amendment, and if the applicant is qualified for correction, he will be authorized, and a certificate will be issued after paying the fee, and if he fails to meet the requirements for many times, a rejection decision will be issued.

After the invention patent is accepted, it must also go through a preliminary examination, and the examination intensity is not as large as that of utility model and appearance patents, mainly to see if there is no non-compliance with the provisions of laws and regulations, whether there are promotional terms, etc., there is no big problem, the preliminary examination is qualified, and it is published on the Internet, and if there is a problem, the applicant will be required to make corrections. The public announcement of the correction is qualified, and the rejection of the unqualified.

After the disclosure, the invention enters the substantive examination stage, and the examiner further examines the patent application documents, such as whether it is theoretically achievable, and then, the examiner will also conduct a worldwide search of technical literature, and if the same is found, an examination opinion will be issued, and the applicant will reply that it is qualified, authorize, and issue a certificate after paying the fee, and if the reply is unqualified, it will be rejected.

If no problem is found, an authorization notice will be issued directly, and a certificate will be issued after payment.

Do you want to ask how to examine university patents?

1. The patent examiner examination is mainly in professional English, and the general written test form is to translate English and simplified patents into Chinese, because a large number of foreign language patents need to be consulted in the work.

2. The content related to patent law is post-employment training, and it is enough to know some basic things, and it will not be an important content of inspection.

3. The patent examination of the National Intellectual Property Office is divided into preliminary examination and substantive examination, and the requirements of the preliminary examination are not high, and the substantive examination requires at least six levels.

4. There are generally more specific majors for the examination positions, and you need to look at the relevant patents and practice translation.

1. According to the provisions of the relevant laws of our country, the department responsible for patent examination is the patent administration department, and after receiving the application for invention patent, if it is found to meet the requirements after preliminary examination, it will be published immediately after 18 months from the date of application.

2. Legal provisions: Patent Law of the People's Republic of China

Article 34 After receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, the patent administration department shall publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Article 35 Within three years from the date of filing of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

1. How to apply for a design patent.

1. The applicant shall submit an application to the State Intellectual Property Office, and the applicant's patent application shall include the following documents:

1) Design patent application, ** or **.

2) If the color protection is requested, the color ** or ** in duplicate shall also be submitted.

3) If the submission of ** shall be the first grandson Zheng shall be **, and the submission of ** shall be **, and the ** or ** shall not be mixed.

4) If it is necessary to explain ** or **, a brief description of the design shall be submitted.

5) If a patent ** institution is entrusted, a power of attorney shall be submitted. If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

2. Wait for the examination of the State Intellectual Property Office.

1) After the State Intellectual Property Office accepts the application, it will issue a Notice of Acceptance, and the applicant should submit the application fee after receiving it.

2) After the preliminary examination, the examiner will issue a notice of correction to the form of the application, and the applicant shall make a correction to the notice. At the same time, the examiner will examine whether the client is a customer for design patent protection, and if there is a customer that is not a customer for design patent protection, the examiner will issue a notice of reasons for reasons for office, and the applicant will reply to the notice of reasons for reasons for office or revise the application documents.

3. If the examiner passes the preliminary examination, the examiner will issue a notice of grant of patent right, and the applicant needs to go through the following registration procedures after receiving the notice of grant of patent right: pay the patent registration fee, the annual fee of the year of grant, the printing fee of the publication and the stamp duty of the patent certificate within the prescribed time limit.

4. The applicant can obtain the patent certificate after going through the registration procedures.

Legal analysis: The main contents of patent examination are:1

Whether it meets the definition of invention stipulated in Article 2 of the Patent Law, i.e., a new technical solution proposed for a product, process or improvement thereof. 2.Whether it complies with the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social morality or obstructs the interests of public relatives, etc.

Legal basis: Patent Law of the People's Republic of China Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Summary. Patent examiners can write patents, but this is not their primary duty. The main duties of a patent examiner are to examine a patent application, determine whether it meets the requirements of patent law, and to issue an official opinion on the results of the examination.

They will consider the new invention or technology proposed in the patent application documents, as well as whether the patent application meets the requirements of patent law, such as novelty, applicability, and enforceability. They conduct a technology search to find out what technology is relevant to the application, as well as other factors that may affect the outcome of the application. If the results of the technical search show that the application does not meet the requirements of patent law, the patent examiner will issue an official opinion on the examination result.

However, patent examiners do not draft patent application documents, but rely on the materials provided by the applicant or his/her ** person to complete the examination.

Will examiners write patents.

Patent examiners can write patents, but this is not their primary duty. The main duties of a patent examiner are to examine a patent application, determine whether it meets the requirements of patent law, and to issue an official opinion on the results of the examination. They will consider the new invention or technology proposed in the patent application documents, as well as whether the patent application meets the requirements of patent law, such as novelty, applicability, and enforceability.

They conduct a technology search to find out what technology is relevant to the application, as well as other factors that may affect the outcome of the application. If the results of the technical search show that the application does not meet the requirements of patent law, the patent examiner will issue an official opinion on the examination result. However, patent examiners do not draft patent application documents, but rely on the materials provided by the applicant or his/her ** person to complete the examination.

Can you add, I don't quite understand it.

Patent examiners can write patents, but this is not their primary duty. The main duties of a patent examiner are to examine a patent application, determine whether it meets the requirements of patent law, and to issue an official opinion on the results of the examination. They will consider the new invention or technology proposed in the patent application documents, as well as whether the patent application meets the requirements of patent law, such as novelty, applicability, and enforceability.

They conduct a technology search to find out what technology is relevant to the application, as well as other factors that may affect the outcome of the application. If the results of the technical search show that the application does not meet the requirements of patent law, the patent examiner will issue an official opinion on the examination result. However, patent examiners do not draft patent application documents, but rely on the materials provided by the applicant or his/her ** person to complete the examination.

1. Whether it meets the definition of invention stipulated in Article 2 of the Patent Law, i.e., a new technical solution proposed for a product, process or improvement thereof.

2. Whether it complies with the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social morality or obstructs the public interest;

3. Whether it complies with the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application falls within the scope of the patent right that cannot be granted;

4. Whether it has the practicability stipulated in Article 22, Paragraph 4 of the Patent Law;

5. Whether the specification fully discloses the subject matter for which protection is sought in accordance with the requirements of paragraph 3 of Article 26 of the Patent Law;

6. Whether the technical solution of Qingyu limited by the claims has the novelty and inventiveness stipulated in the second and third paragraphs of Article 22 of the Patent Law;

7. Whether the claims clearly and concisely limit the scope of the claimed protection in accordance with the provisions of Article 26, Paragraph 4 of the Patent Law, based on the description, and whether the independent claims express a complete technical solution to the technical problem;

8. Whether the amendment of the application documents complies with the provisions of Article 33 of the Patent Law and Article 51 of the Implementing Rules;

9. Whether the divisional application complies with the provisions of Paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law;

10. Whether there is no unity in the claims;

11. For inventions and creations that rely on genetic resources, it is also necessary to examine whether the application documents comply with the provisions of Article 26.5 of the Patent Law.

Patent Law of the People's Republic of China

Article 22 of the Patent Right for the Invention and Utility Model shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "existing trembling technology" refers to the technology that has been known to the public at home and abroad before the filing date.

Article 25 No patent shall be granted for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) nuclear transformation methods and substances obtained by nuclear transformation methods;

6) The design of the pattern, color or combination of the two of the graphic printed matter that mainly plays the role of identification.

A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.