How do you view the patent examination work and what is the content of the patent examination?

Patent examination is a rigorous work.

Patent examination is an important link and supporting force for the capacity building of an intellectual property power, and high-quality and efficient examination work is conducive to promoting the construction of an intellectual property power, promoting scientific and technological innovation, and achieving sustainable economic and social development. In the context of the construction of an intellectual property power, patent examination work will inevitably usher in new development opportunities, but also face greater challenges, therefore, it is necessary to combine the new situation and conscientiously do a good job in patent examination in order to improve the capacity of public services.

The ability to conduct patent examination is relatively strong. The ability is manifested in the large scale, excellent structure and relatively high quality of patents, so the patent examination work is directly related to the transformation of various patents into economic value in China. Therefore, patent examination work involves relatively strong professional ability, not only to have greater innovation ability, but also to have the ability to operate, in addition, to ensure that the ability to protect and manage is relatively strong, in order to establish a more complete examination policy system, so as to improve the examination management system and promote the development of patent examination work.

The international impact of patent examination is relatively large. With the continuous development and change of the international patent system, the international competition is increasingly intensified, and only by seizing the right to speak in the patent system can we ensure that the country's intellectual property rights are in the top position, so the professional examination work has a strong international influence. Only by recognizing the importance of intellectual property work and combining it with the relevant system of patent examination can we give full play to our advantages to improve the scientific nature of patent examination and ensure a positive impact.

Article 36 of the Patent Law of the People's Republic of China When an applicant for a patent for invention requests substantive examination, it shall submit reference materials related to his invention before the filing date.

If an application for a patent for invention has already been filed in a foreign country, the patent administration department may require the applicant to submit the materials of the search conducted in that country for the purpose of examining the application or the information on the results of the examination within the specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed withdrawn.

After the results of the patent examination are obtained, the first is to grant authorization; The second is to put forward an examination opinion for the inventor to continue to elaborate.

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, method or improvement thereof. 2.Whether it complies with the provisions of Article 5 of the Patent Law, i.e., whether the subject matter of the patent application violates the national law, social morality or obstructs the public interest.

Legal basis: Patent Law of the People's Republic of China Article 2 The term "invention-creation" 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 thereof 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.

The contents of the patent examination are: whether the subject matter of the application belongs to the scope of inventions, utility models and designs, whether the application documents comply with the provisions of the law, whether the content of the application documents has objections, whether the reference materials related to the invention before the application date, and whether the subject of the application is qualified.

[Legal basis].

Article 44 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

The term "preliminary examination" as used in Articles 34 and 40 of the Patent Law refers to the examination of whether the patent application has the documents specified in Articles 26 or 27 of the Patent Law and other necessary documents, whether these documents conform to the prescribed format, and examines the following items:

4) Whether the application documents comply with the provisions of Article 2 and Article 3, Paragraph 1 of these Rules.

Article 36 of the Patent Law of the People's Republic of China.

When an applicant for a patent for invention requests substantive examination, he or she shall submit reference materials related to his invention before the filing date.

If an application for a patent for invention has already been filed in a foreign country, the patent administration department may require the applicant to submit the materials of the search conducted in that country for the purpose of examining the application or the information on the results of the examination within the specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Countries have different requirements for the examination of patent applications, and basically two different systems apply. Some countries implement a formal examination system, that is, only examine whether the form of the patent application meets the requirements of the law, but do not examine whether the invention meets the substantive conditions such as novelty. Some countries implement a substantive examination system, that is, not only the form of the application, but also whether the invention has the conditions of novelty, advancement and practicability.

China and most countries in the world have adopted a substantive examination system. There are two ways to handle a patent application:

1. Entrust a nationally recognized patent institution to handle it.

2. The applicant shall go directly to the State Patent Office of the People's Republic of China.

1. What is the process of patent application?

1) Application for invention patent.

The examination and approval process of an invention patent application includes the following steps: patent application, acceptance, preliminary examination, publication, substantive examination request, substantive examination, and authorization.

The documents to be submitted to apply for an invention patent include: a request, including the name of the invention patent, the name of the inventor or designer, the name and title of the applicant, and the address; The description, including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment; Claims, describing the technical features of the invention and clearly and concisely stating what is claimed; Drawings attached to the specification, invention patents often have drawings, if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings.

2) Application for utility model patent.

The process of examination and approval of utility model patent application specifically includes the following steps: patent application, acceptance, preliminary examination, announcement, and authorization.

The documents to be submitted to apply for a utility model patent include: a request, including the name of the utility model patent, the name of the inventor or designer, the name and title of the applicant, address, etc.; The specification, including the name of the utility model patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment. The content of the specification shall be written in detail, and the technical content shall be subject to the fact that a person skilled in the technical field can realize it after reading it; The claims, which describe the technical features of the utility model and clearly and concisely state the content of the claimed protection; The drawings attached to the specification and the utility model patent must have a description of the drawings; The summary of the impediment of the specification clearly reflects the technical problem to be solved by the invention, the main points of the technical solution to solve the problem, and the main use.

3) Application for design patent.

The process of applying for a design patent specifically includes the following steps: patent application, acceptance, preliminary examination, publication, and authorization.