What are the provisions on the time limit for patent examination, and the provisions on the time lim

Where a party applying for a pre-trial injunction within 48 hours applies for a pre-trial injunction, the court shall make a ruling within 48 hours from the time of accepting the application; If there are special circumstances that require an extension, it may be extended by 48 hours. Where a party to pre-litigation evidence preservation applies for pre-litigation evidence preservation, the court shall make a ruling within 48 hours of accepting the application. Delivered by mail on the 15th.

For all kinds of documents mailed by the Patent Office and the Reexamination Board, it is presumed that the date on which the parties receive the documents is 15 days from the date of issuance of the documents.

Article 66 of the Patent Law provides that if the patentee or interested party has evidence to prove that another person is committing or is about to commit an act infringing on the patent right, and if it is not stopped in a timely manner, it will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court to take measures to order the cessation of the relevant acts before filing a lawsuit. When the applicant makes an application, he or she shall provide a guarantee; If no guarantee is provided, the application shall be rejected. The people's court shall make a ruling within 48 hours of accepting the application; Where there are special circumstances that require an extension, an extension of 48 hours may be granted.

Where a ruling is made ordering the relevant conduct to be stopped, it shall be immediately enforced. If a party is dissatisfied with the ruling, it may apply for a reconsideration once; Enforcement of the ruling is not stopped during the reconsideration period. Where the applicant does not prosecute within 15 days from the date on which the people's court takes measures to order the cessation of the relevant conduct, the people's court shall lift the measure.

If there is an error in the application, the applicant shall compensate the respondent for the losses suffered by the respondent as a result of stopping the relevant acts.

Article 67 In order to stop patent infringement, the patentee or interested party may apply to the people's court for preservation of evidence before filing a lawsuit if the evidence may be destroyed or difficult to obtain in the future.

The people's court may order the applicant to provide security when taking preservation measures; If the applicant does not provide a guarantee, the application shall be rejected. The people's court shall make a ruling within 48 hours of accepting the application; Where a ruling is made to employ preservation measures, it shall be immediately enforced. Where the applicant does not initiate litigation within 15 days from the date on which the people's court takes the preservation measures, the people's courts shall lift the measures.

The time limits for patent examination are as follows:

1. The time limit for preliminary examination is 18 months from the filing date;

2. The time limit for substantive examination is three years from the filing date. Moreover, the substantive examination procedure will only be initiated when applying for a patent for invention;

3. Other provisions on the time limit for patent examination.

[Legal basis].

Article 26 of the Patent Law.

Where an application is made for a patent for invention or utility model, a written request, a description and its abstract, and a claim for false holding of rights shall be submitted.

Article 34.

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

Article 35 Paragraph Stool.

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

Article 39.

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

The contents of patent examination mainly include:

1) Whether it meets the definition of invention specified 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 harms 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 Article 26.3 of the Patent Law;

6) Whether the technical solution defined by the claims has the novelty and inventive step as provided for in paragraphs 2 and 3 of Article 22 of the Patent Law;

7) Whether the claims clearly and concisely define the scope of the claimed protection in accordance with the provisions of Article 26.4 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 Cavity 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 Inventions and utility models for which a patent right is granted 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 "prior art" refers to technology that was 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 method of producing coarse and round products of the products listed in subparagraph (4) of the preceding paragraph.

1 For invention patents, except for some invention patents that need to be kept secret, general invention patents need to go through the stages of acceptance, preliminary examination, publication, substantive examination and authorization announcement, under normal circumstances, it will be published 18 months from the date of acceptance, and then the substantive examination stage will be carried out, and under normal circumstances, it will be granted only after about 3 years, but a longer period is not excluded. In order to speed up the time limit for obtaining a patent right, it is possible to apply for early disclosure, so that after passing the preliminary examination, it will be published, and then enter the substantive examination stage, which can speed up the process of granting. In addition, in some special cases, it is possible to request an expedited examination, but the procedure is more complicated and the cost will be higher.

2 In the case of utility models and designs, they need to go through the stages of acceptance, preliminary examination and publication of grant, and since there is no need to conduct substantive examination, the time for obtaining the grant of utility models and designs is relatively short, generally 6 October.

1. The content of the preliminary examination of the patent.

According to the provisions of the Patent Law, the contents of the preliminary examination of invention patents are as follows:

1. Whether the applicant's application documents are complete and whether the drafting complies with the provisions of the Patent Law and its Implementing Rules;

2. Whether the applicant's identity is legal and whether all kinds of supporting documents are complete. If the applicant is a foreigner, whether it is entrusted in accordance with the law**;

3. Whether the invention or creation for which the patent is applied for violates national laws, social morality or obstructs the public interest, and is the object of non-patenting;

4. Whether the applicant has paid the application fee, etc.

In accordance with the provisions of the Patent Law, the main volume of the preliminary examination of utility model patents and design patents by the Patent Office is as follows:

1. Whether the writing of the application documents meets the requirements;

2. Whether the modification of the document exceeds the statutory limit;

3. Whether the applicant's qualifications are legitimate, and whether the foreign applicant has entrusted a statutory ** agency to handle the patent application;

4. Whether the utility model or design violates the law, social morality or harms the public interest, and whether it is an invention or creation that is not protected by a patent;

5. Whether the application meets the requirements of unity;

6. Whether there is a possibility of duplicate authorization;

7. Whether it is a later applicant for two identical utility model or design patent applications, etc.

As can be seen from the above, the preliminary examination of utility models and designs includes both a formal examination and some necessary substantive examinations.