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Invention patent application priority review of the management approach

Date: 2012-10-09
Views: 22

In order to promote the optimization and upgrading of industrial structure, promoting the implementation of the national intellectual property strategy, accelerate the construction of an innovative country, according to China

The relevant provisions of the Patent Law of the People’s Republic and the People’s Republic of China Patent Law Implementing Rules, the development of this approach.

The State Intellectual Property Office to meet the conditions of the invention patent application that the applicant’s request priority review, since priority review

Request and approved within one year from the date of closing.

Article according to the State Intellectual Property Office of bilateral or multilateral agreements signed with other countries or regional patent review body to carry out the priority

The review dealt with in accordance with the relevant regulations, the regulations are not applicable.

The fourth priority review applications for invention patents, including:

(A) relates to energy saving and environmental protection, new generation of information technology, biotechnology, high-end equipment manufacturing, new energy, new materials, new energy automobile technology

Surgery important patent applications;

(B) relates to a low-carbon technologies, resource conservation and other important patent applications help green development;

(C) filed a patent application in China for the first time for the same subject again apply to other countries or regions, the first application;

(D) the other of great significance to the national interest or public interest requires patent application priority review.

Article number of invention patent application priority review by the State Intellectual Property Office under the review of the different areas of expertise

The force, the last year the amount of patent licensing, as well as the year pending trial amount determined.

Article request priority review applications for invention patents should be electronic applications.

Request priority review of the invention patent application has not yet entered a substantive review process, the applicant shall initiate a substantive review process


Article applicants apply for priority review procedures, shall submit the following materials:

(A) of the provinces, autonomous regions and municipalities directly under the Central Intellectual Property Office to review and sign an opinion and official seal of "invention patent application priority review

Seeking books ";

(B) the search report in the prescribed format issued by a unit with patent search conditions, or patented by other countries or regions

Search report issued by the review body and the results of the review and its Chinese translation.

Article VII, Article VIII, alleged patent search conditions:

(A) have the patent examination guidelines prescribed retrieve patent documents and non-patent literature search conditions;

(B) to retrieve personnel with professional technical background, have received training and retrieval of patent practice training;

(C) can be retrieved by the appropriate professional and technical fields in accordance with the relevant requirements of the patent examination guidelines "Offer request priority review

The Ming Patent retrieval.

Article 9 The State Intellectual Property Office is responsible for receiving and audit priority review request, and promptly notify the applicant of the audit opinion.

The Article agreed priority review applications for invention patents, the State Intellectual Property Office shall promptly, and from the agreed priority trial

Check the date of the request within 30 working days, issue a notice of review comments first.

Article XI invention patent application for priority review, the applicant shall be made as soon as possible reply or correction. Applicant reply review Italy

See the notice period of two months. Applicant postponed reply the SIPO will stop priority review, according to the general application processing.

Responsible for the interpretation of Article XII of this approach by the State Intellectual Property Office.

Article 13 The purposes since August 1, 2012.

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