Do you know the contents of the preliminary examination of the utility model patent application- Trademark of snakehead fish
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Do you know the contents of the preliminary examination of the utility model patent application?

Publishing website: Release date: 2023-02-21 15:23:49

After accepting an application for a patent for invention, the patent administration department under the State Council must examine it in accordance with the procedures provided for in the Patent Law. The main examination procedures of an application for a patent for invention include: preliminary examination, publication of the patent application, request for substantive examination, and substantive examination. What are the contents of the preliminary examination of the patent application for utility model?

1、 The preliminary examination of the patent for utility model shall be conducted in accordance with the relevant provisions of the Patent Law and its implementing rules as follows:

1. Whether it conforms to the definition of invention specified in Article 2 of the Patent Law, that is, the new technical solution proposed for the product, method 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 the national laws, social morality or impairs the public interest.

3. Whether it is in conformity 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 patentability.

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

5. Whether the specification fully discloses the subject matter of the request for protection in accordance with the requirements of Paragraph 3, Article 26 of the Patent Law.

6. Whether the technical solution defined in the claim is novel as defined in Article 22, paragraphs 2 and 3 of the Patent Law.

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

9. Whether the divisional application is in conformity with Paragraph 1 of Article 43 of the Rules for the Implementation of the Patent Law.

10. Whether the claims are not unitary.

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

2、 In terms of content, the following aspects are mainly reviewed:

1. Whether the invention creation obviously violates the national law, social morality or hinders the public interest.

2. Whether the invention creation obviously belongs to the subject matter for which no patent right is granted.

3. Whether the invention creation obviously lacks technical content and cannot constitute a technical solution.

4. Whether the patent application for utility model and design is obviously the same as the approved patent, and whether it is obviously not a new technical solution or new design.

3、 Formally, the preliminary examination is to examine whether the application documents are complete and whether the format meets the requirements, mainly including:

1. Examine whether various documents adopt the unified format formulated by the Patent Office, and whether the writing of the application, the filling of the form, or the drawing of the drawings meet the requirements of the Implementation Rules and the Examination Guide.

2. Whether the certificates or attachments to be submitted are complete and have legal effect.

3. Whether the specification, claims, drawings or design drawings or photos meet the publishing requirements.

The above is the relevant knowledge about the content of utility model patent examination. I believe that through the above introduction, you should have some understanding of the content of utility model patent examination.

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