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What is preliminary patent examination? Review what specifically?
Release Time：
2023-02-23
According to Article 34 of China's Patent Law, the preliminary examination of a patent application is... The content of the preliminary examination of the patent examination, including the following 3 points:
A: According to Article 34 of China's Patent Law:
Preliminary examination of patent application is after the Patent Office has accepted the patent application document, a necessary process before the publication of the patent, the design patent and utility model patent will be granted after passing the preliminary examination of the patent.
The content of the preliminary examination of patent examination includes the following three points:
1. The preliminary examination of the patent shall first examine whether the patent application documents submitted by the patent applicant comply with the provisions of the patent law and its implementing rules. If the defects of the patent application documents are found, the defects can be eliminated by the patent applicant in a timely manner, so as to meet the conditions for the publication of the patent. If an insurmountable defect is found, the Patent Office will issue a notice of patent examination opinion, indicating the nature of the defect, and conclude the examination process by rejecting the patent.
2. Whether the other documents related to the patent application submitted by the applicant for preliminary examination are submitted within the time limit prescribed by the Patent Law and its implementing rules or within the time limit specified by the Patent Office; If the application is not submitted at the expiration of the time limit or is submitted after the time limit, the application shall be deemed withdrawn or the document shall be deemed not submitted according to the circumstances.
3. Examine whether the amount and time limit of the relevant fees paid by the applicant comply with the provisions of the Patent Law and its implementing rules, and if the fees are not paid or not paid in full or overdue, the application shall be deemed withdrawn or the request shall be deemed not filed according to the circumstances.
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