Notice of Guangdong Intellectual Property Protection Center on issuing the Measures for the Administration of the Pre-Examination Quota of Patent Applications of the Filing Subject of Guangdong Intellectual Property Protection Center (Trial)


Release Time:

2024-01-31

All relevant units:

In order to improve the quality and efficiency of patent application pre-examination services and accurately allocate patent pre-examination resources, according to the relevant provisions of the State Intellectual Property Office's "Administrative Measures for Patent Application Pre-examination Business (Trial)" and the "Administrative Measures for Patent Application Pre-examination Filing subjects and Agencies of Guangdong Intellectual Property Protection Center", the general practices of intellectual property protection centers in Beijing, Sichuan, Zhejiang and other provinces and cities are taken into account. Combined with the actual work of the Center, the "Guangdong Intellectual Property Protection Center Filing subject Patent Application Pre-Examination Quota Management (Trial)" has been formulated, is now issued, please follow.

We hereby inform you.

 

Annex: Measures for the Administration of the Pre-Examination Quota of Patent Applications of the Filing Subject of Guangdong Intellectual Property Protection Center (Trial)

Guangdong Intellectual Property Protection Center

January 31, 2024

Measures of Guangdong Intellectual Property Protection Center for the Administration of pre-examination quota of patent applications

(trial)

Article 1 In order to improve the quality and efficiency of patent application pre-examination services and accurately allocate patent pre-examination resources, these administrative measures are formulated in accordance with the relevant provisions of the State Intellectual Property Office's "Measures for the Administration of Patent Application Pre-examination Business (Trial)" and the "Measures for the Administration of Patent Application Pre-examination filing subjects and Agencies of Guangdong Intellectual Property Protection Center", and in combination with the actual work.

Article 2 The pre-examination quota management of patent applications shall adhere to the quality and goal orientation, guide the filing subject to select high-quality patent applications to submit pre-examination requests, and improve the quality of patent applications from the source.

Article 3 Guangdong Intellectual Property Protection Center determines the pre-examination quota of the year according to the pre-examination qualification quantity and pre-examination qualification rate of the record subject in the previous year, and the specific Settings are as follows:

Note: 1. The number of qualified pre-trial cases in the previous year refers to the total number of cases that passed pre-trial in the previous year; 2. Pre-trial pass rate of the previous year = (pre-trial pass amount of the previous year/total number of pre-trial cases accepted in the previous year) ×100%.

Article 4 Where the annual pre-examination quota of the filing subject cannot meet its needs, those who meet one of the following conditions may submit an incremental quota plan to the Guangdong Intellectual Property Protection Center after the annual pre-examination quota is used up:

(1) Enterprises and institutions with national or provincial laboratories, and have strong innovation and research and development capabilities and good intellectual property work foundation;

(b) the Ministry of Industry and Information Technology identified specialized special new "little giant" enterprises;

(3) Enterprises with national intellectual property advantages and demonstration enterprises recognized by the State Intellectual Property Office;

(4) Other enterprises and institutions that have sufficient grounds and reasonable reasons to increase the amount of pre-examination.

Article 5 The incremental quota plan submitted by the filing subject shall be put forward through the pre-examination platform once the annual pre-examination quota is used up, and submit the following materials:

(a) Guangdong Intellectual Property Protection Center patent pre-examination service incremental quota application form (see annex);

(2) Relevant certification materials that meet the requirements.

The Guangdong Intellectual Property Protection Center shall determine the pre-examination quota for the increment of the year after examination.

Article 6 The subject of filing shall, in accordance with the requirements of Guangdong Intellectual Property Protection Center, cooperate with the work of information feedback, service research and qualification review.

Article 7 The filing subject shall carry out strict quality control of the submitted pre-trial cases in accordance with the relevant provisions of the Administrative Measures of the Patent Application Pre-trial Filing Subject and Agency of the Guangdong Intellectual Property Protection Center.

Article 8 The pre-trial quota refers to the maximum number that can be submitted in the whole year, and the use of the quota of the filing subject shall be in accordance with the relevant requirements of the patent pre-trial case reservation of the Guangdong Intellectual Property Protection Center, and the pre-trial application shall be submitted in a reasonable and orderly manner.

Article 9 The Guangdong Intellectual Property Protection Center regularly reviews the qualifications of the subject of the record every year, and uniformly allocates the pre-examination quota according to the corresponding conditions after the information review.

Article 10 These administrative measures shall be interpreted by Guangdong Intellectual Property Protection Center and shall come into force as of February 1, 2024.

Attachment: Application form for incremental quota of patent pre-examination service of Guangdong Intellectual Property Protection Center

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