What are the regulations for the management of priority examination of invention patent applications
The administrative measures for the priority examination of invention patent applications have expired .
"Patent Law"
Article 37: Preliminary examination, substantive examination, reexamination and invalidation During the procedure, if the person conducting the review and trial falls under any of the following circumstances, he or she shall recuse himself or herself, and the parties or other interested parties may request the person to recuse himself:
(1) A close relative of the party or his agent;
(2) Having an interest in patent application or patent rights;
(3) Having other relationships with the parties or their agents, which may affect the fair review andTrial;
(4) Members of the Patent Reexamination Committee Participated in the review of the original application.
"Patent Law"Article 38 The patent administration department of the State Council receives an application for a patent for invention or utility model After the request, description (utility models must include drawings) and claims, or the request for a design patent application, pictures or photos of the design and a brief description, the application date should be specified, the application number should be given, and the application should be notified people.
Article 39 Patent application documents include the following Under one of the circumstances, the Patent Administration Department of the State Council will not accept the application and notify the applicant:
(1) An invention or utility model patent application lacks a request, description (utility model has no drawings) or claims, or a design patent application lacks a request, pictures or photos, and a brief description
(2) Not using Chinese;
(3) Failure to comply with Article 100 of these Rules As stipulated in paragraph 1 of Article 21;
(4) The applicant’s name or address is missing in the request;
(5) Obviously does not comply with the provisions of Article 18 or Article 19, Paragraph 1 of the Patent Law;
(6) Patent application categories (inventions, utility models or appearance design) is unclear or difficult to determine.
Our country’s laws stipulate that the State Intellectual Property Office shall Priority examination will be given to eligible invention patent applications upon request. If you still have any questions, Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.
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