Attached to the Patent priority review management approach

Publish Time:2017-07-25 Views:350

On the June 28th, the State Intellectual Property Office issued a Patent priority review management approach, which came into force on August 1, 2017.

An applicant who meets the requirements, the State council agrees to give priority to the examination:

1. The application for patent for invention shall be issued within forty-five days of the first notice of examination and shall be concluded within one year;

2. The patent for utility models and designs will be completed within two months;

3. The patent reexamination cases will be concluded within seven months;

4. The cases of invalidation of the patent for invention and utility model will be settled within five months, and the cases of the patent for design patent will be concluded within four months.

 

On the April 9th , the knowledge base "spoilers" that the almost exposure draft of Patent priority review management approach has been realized .Attached links:

Priority review: within 1 years of the invention, 5 months of invalidation!

 


Attached to the Patent priority review management approach:

 

Decree of the State Intellectual Property Office

Number seventy-sixth

Patent priority review management approach has been reviewed and approved by the Council, is now announced and shall come into force on August 1, 2017.

                                                Director General: Shen Changyu

                                                      June 27, 2017

 

Patent Priority Review Management Approach

Article 1 In order to promote the optimization and upgrading of the industrial structure, to promote the implementation of the national intellectual property strategy and the construction of intellectual property rights, service innovation driven development, perfecting the patent review procedures, according to People's Republic of China Patent Law and People's Republic of China Patent Law Implementation Rules(hereinafter referred to as the implementation rules of the Patent Law) of the relevant provisions, formulate this approach.

 

Article 2 These Measures shall apply to the examination of the following patent applications or cases :

(1) The invention patent application of substantive examination ;

(2) The utility model and surface design patents applications;

(3) Review of patent applications for inventions, utility models and designs

(4) Invalid declaration of patents for inventions, utility models and designs

In accordance with the bilateral or multilateral agreements signed by the State Intellectual Property Office and other patent inspection institutions of other countries or regions, the priority examination shall be conducted in accordance with the relevant provisions, and these Measures shall not apply.

 

Article 3 In case of any patent application or patent reexamination under any of the following circumstances, the applicant may request priority examination:

(1) Related to energy conservation and environmental protection, the new generation of information technology, organism, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries;

(2) Related to the provincial and district-level municipal peoples government focused on encouraging industries;

(3) Related to the Internet, large data, cloud computing and other areas, and technology or product updates faster;

(4) The patent applicant or the reexamination claimant has already made preparations for the implementation, or has already begun, or has evidence to prove that others are implementing its invention creation;

(5) The first application in China that applies for a patent application in China for the first time then to other countries or regions on the same theme.

(6) Others are of great importance to national interests or public interests, which need to be reviewed in priority.


Article 4 In case of invalidation in any of the following circumstances, it may request a prior examination:

(1) In view of the infringement of the patent involved in the invalid declaration case, the party concerned has requested the local intellectual property office to handle the case, to file a lawsuit with the people's court, or request arbitration mediation organization arbitration mediation;

(2) The patent involved in the invalid declaration is of great significance to the state or the public interest

 

Article 5 Where a request for priority examination of a patent application or a patent reexamination case, it shall be agreed upon by all the applicants or the applicants for the whole review. The request for priority examination of the invalid declaration shall be approved by the applicant or all the patentee.

The local intellectual property office, the people 's court or the arbitration mediation organization dealing with and handling the patent infringement dispute may make a request for priority examination of the invalid declaration case.

 

Article 6 The number of priority examination of patent applications, patent review cases and invalid declarations shall be determined by the State Intellectual Property Office,according to the examination capacity of different professional and technical fields, the amount of patents granted in the previous year and the number of pending cases in this year.

 

Article 7 Requests for priority examination of patent applications or patent review cases should be made electronically.

 

Article 8 If the applicant submits the priority examination of invention, utility model and design patent application,it shall submit the written request for priority examination,the current technology or the existing design information material and relevant supporting documents. In addition to the circumstances of Article 3, paragraph 5 of the present Measures , the priority review of the request should be signed the recommendations by the relevant departments of the State Council or the provincial intellectual property offices.

 

Where a party submits the priority examination of a patent reexamination and the case for invalidation,it shall submit a request for priority review and relevant supporting documents.In addition to the substantive review or preliminary verification of procedure has been a priority review of the patent review cases, the priority review of the request should be signed the recommendations by the relevant departments of the State Council or the provincial intellectual property offices.

 

Where the local intellectual property office, the people 's courts or an arbitration mediation organization has made a request for a priority examination of an invalid declaration case, it shall submit a request for priority examination and state the reasons.

 

Article 9 After accepting and reviewing the request for priority examination, the State Intellectual Property Office shall notify the applicant of the review about the audit opinion in time.

 

Article 10 .Where the State Intellectual Property Office agrees to carry out a priority examination, it shall conclude the case within the following period from the date of approval:

(1) The application for a patent for invention shall be issued within forty-five days of the first notice of examination and shall be concluded within one year;

(2) The patent application for utility models and designs shall be completed within two months;

(3) The case of patent reexamination  shall be concluded within seven months;

(4) The case of invalidation of the patent for invention and utility model was settled within five months, and the case of the patent against the design patent was concluded within four months.

 

Article 11 For priority review of patent applications,the applicant shall reply or make corrections as soon as possible.The applicant shall reply to the patent review comments of the notice for a period of two months from the date of issuance of notice, the applicant shall reply to the utility model and design patent review comments of the notice period of notice of the date of fifteen days.

 

Article 12  For priority review of patent applications,have one of the under conditions,the State Intellectual Property Office may stop the procedure for priority review, handle it in accordance with the ordinary procedures, and notify the applicants for priority examination in a timely manner:

(1) After the priority examination request has been approved, the applicant shall amend the application document in accordance with the first, second paragraph of the fifty-first article of the patent law detailed rules for the implementation ;

(2) The time limit for applicants to reply exceeds the time limit stipulated in article eleventh of these measures;

(3) The applicant submitted dishonest information;

(4) An irregular patent application was found during the review process.

 

Article 13  For the case of patent reexamination or invalidation of a priority examination, one of the following circumstances occurs,the Patent Reexamination Board can stop the procedure for priority review, deal with it in accordance with the ordinary procedures and notify the priority review applicants in a timely manner:

(1) The reviewer postponed the reply;

(2) Upon the approval of the request for priority review, the applicant is requested to supplement the evidence and reasons;

(3) After the priority review request has been agreed, the patent holder shall modify the claim  in a way instead of deletion;

(4) The patent reexamination or invalidation procedure is suspended;

(5) The case depends on the review conclusions of other cases;

(6) Difficult cases which approved by the chairman of the Patent Reexamination Board.

 

Article 14 The State Intellectual Property Office shall be responsible for the interpretation of these measures.

 

Article 15 These Measures will enter into force since August 1, 2017 .And at the same time the Administrative Measures for Preferential Examination of Invention Patents that came into force on August 1, 2012 shall be abolished.