Does the court conduct substantive examination of utility models?

There are three types of patents in my country, including inventions, utility models and designs. If you want to obtain better legal protection for your invention, you need to apply for a patent from the Patent Office. Some friends may wonder, does the court conduct substantive review of utility models? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

Will the court review the substance of utility models (Will the court review the substance of utility models)

Utility model patents will not do anything substantial For examination, utility model and design Patent applications adopt a formal examination system, also known as a registration system.

《Patent Law" Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent or a design patent. A corresponding patent certificate will be issued, and the patent will be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

Preliminary review

After the Intellectual Property Office receives the invention patent application, it enters the preliminary examination stage. The so-called preliminary examination is to examine whether the patent application complies with the formal requirements stipulated in the Patent Law and its implementing regulations as well as obvious substantive defects.

①Formal review

The main purpose is to review whether the various application documents are complete, whether the prescribed formats are used, whether the documents are written in the prescribed forms, etc. This part of the review does not involve technical content. The main contents of the review include:

Whether the patent request uses the prescribed format, fill in Whether it meets the requirements;

Instructions, abstracts and claims Whether the writing of the book meets the prescribed formal requirements, and whether the drawings meet the drawing requirements;

If the applicant entrusts a patent agency to handle the patent application, whether there is a power of attorney;

If a foreigner who does not have a regular residence or business office in China applies for a patent, whether it meets the requirements of the patent law and whether he is qualified to apply for a patent in China;

Whether the foreign applicant has entrusted a prescribed foreign-related patent agency to handle its patent application or other Patent affairs;

Whether the application fee has been paid, etc.

②Review of obvious substantive defects

The main purpose is to review whether the content of the patent application is obviously inconsistent with legal regulations. Review this part The content actually involves the substantive content of the patent application, but unlike the substantive examination, it does not evaluate the novelty, creativity and practicality of the patent. The rich content of this part includes:

Whether the invention clearly violates the laws of the country and damages social morality and public interests;

State whether the subject matter of the patent is obviously not within the scope of patent protection;

Whether the patent application meets the unity requirement;

Whether the applicant’s modifications to the application documents clearly exceed the original instructions and rights The scope recorded in the request.

After preliminary examination, the patent If the application does not meet the formal requirements or has obvious substantive defects, the Intellectual Property Office shall notify the application of its opinions and the applicant shall make corrections within the prescribed or designated time limit. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. Apply for reexamination to the Patent Reexamination Board within the specified time.

After the preliminary examination process of an invention patent application is completed, if the preliminary examination meets the requirements of the patent law, the application will be announced immediately after 18 months from the filing date. The Intellectual Property Office may also publish in advance upon the request of the applicant.

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