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Which patent applications can request priority examination?
Release Time：
2022-09-21
A: According to the provisions of Article 3 of the Administrative Measures for Priority Examination of Patents promulgated by the State Intellectual Property Office, a patent application or patent reexamination case under any of the following circumstances may request priority examination:
(1) involving energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other key national development industries;
(2) industries that are mainly encouraged by the people's governments of provinces and cities divided into districts;
(3) involving the Internet, big data, cloud computing and other fields and the technology or product update speed;
(4) the applicant or the applicant for patent review has made preparations for exploitation or has begun exploitation, or has evidence to prove that another person is exploiting the invention-creation;
(5) where a patent application for the same subject matter is filed for the first time in China and an application is filed in another country or region;
(6) Other matters of great significance to the national interest or public interest require priority examination.
According to Article 4 of the Administrative Measures for Patent Priority Examination, an invalidation case under any of the following circumstances may request priority examination:
(1) In respect of a patent infringement dispute involving an invalidation case, the parties have requested the local intellectual property office to handle it, brought a suit in a people's court, or requested arbitration and mediation organizations to mediate;
(2) The patent involved in the invalidation case is of great significance to the national or public interests.
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