Letter of reply from the State Intellectual Property Office to Recommendation No. 8842 of the Fifth Session of the Thirteenth National People’s Congress (Including obvious lack of inventiveness into the scope of preliminary examination of utility models!)-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Letter of reply from the State Intellectual Property Office to Recommendation No. 8842 of the Fifth Session of the Thirteenth National People’s Congress (Including obvious lack of inventiveness into the scope of preliminary examination of utility models!)

Release Time：

2022-07-22

1. Optimize and improve patent review standards and strictly control authorization. 2. Promote the review of obvious creativeness of utility models and improve the quality of authorization.

Representative Pan Xueping:

Your proposal for "Recommendations on Regulating the Market Order of the Lithium Battery Industry to Avoid Malicious Competition Abuse of Problematic Patents" has been received. Taking into account the functions of our bureau, the reply is as follows.

New energy industries such as lithium batteries are typical patent-intensive industries. The high-quality patent layout you proposed is the basis for innovation protection of lithium battery companies. Suggestions such as strict patent review and improvement of rights confirmation standards are highly targeted and referenced. Our office deeply agrees with the significance of this and has actively taken measures in actual work to continuously improve the review standards and improve the quality of authorization.

1. Optimize and improve patent review standards and strictly control authorization

For patent applications limited by formula parameters and related features, Section 3.2.5 of Chapter 3 of Part II of the Patent Examination Guidelines stipulates that the properties and parameters in the claims should contain a specific structure and/or composition, so that The patent application may be novel only if its structure and/or composition is different from the product in the reference document, or the applicant can prove that the two are different. Our office strictly examines patent applications with limited formula parameter characteristics in accordance with the law, controls the authorization gate, and plays the role of high-quality review in promoting high-quality creation. At the same time, we will increase the intensity of examination guidance in terms of application fact determination, grasp of invention concepts, application of laws, etc., and deepen the communication between examiners and innovative entities in the lithium battery field through various methods such as research visits, practical training, and technology update lectures. Communication and multiple measures are taken to promote the improvement of technical understanding and legal application capabilities to ensure a more objective and accurate evaluation of the novelty and creativity of patent applications.

At the same time, we will continue to strengthen the regulation of patent applications. In 2017, the "Several Provisions on Regulating Patent Application Activities" was revised, and in 2021, the "Measures on Regulating Patent Application Activities" was released, which will "submit patent applications that fabricate, forge or alter inventions, experimental data or technical effects. Or plagiarism, simple substitution, piecing together existing technology or existing designs, and other similar situations" will be classified as abnormal patent application behaviors, and special investigations will be carried out to fabricate patent applications. In 2021, a total of 815,000 abnormal patent applications in four batches were notified to local governments, with a withdrawal rate of more than 90%, significantly improving the quality of patent applications.

2. Promote the review of obvious creativity of utility models and improve the quality of authorization

At present, my country’s utility model adopts the review system of “preliminary review + evaluation report”. During the preliminary examination, the examiner can examine whether the utility model patent application is obviously lacking in novelty based on the information it obtains about the prior art or the conflicting application. In order to further improve the quality of utility model authorization, our office actively promotes the reform of the utility model system.In the revised draft of the "Implementing Rules of the Patent Law", obvious lack of inventive step is included in the scope of preliminary examination of utility models, and the "Patent Examination Guidelines" are also revised to further Refine and improve relevant review standards.

In the next step, our office will continue to promote the update of patent examination concepts, technological innovation, and work innovation. Guided by national needs and user satisfaction, we will continue to improve examination standards, innovate examination models, strengthen examination capacity building, and increase the investigation and handling of abnormal patent applications. efforts to provide stronger support for innovation-driven development.

We sincerely thank you for your concern and support for intellectual property work. We hope to continue to pay attention to the development of intellectual property and provide valuable opinions and suggestions on our work.

State Intellectual Property Office

July 20, 2022

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