Pre-trial (fast pre-trial): It means that intellectual property protection centers around the country provide pre-trial services for patent applications for enterprises that meet the requirements of corresponding industries, and China National Intellectual Property Administration speeds up the examination of patent applications that have passed the pre-trial of protection centers.
Priority review: refers to the priority review of qualified patent applications in China National Intellectual Property Administration according to the Administrative Measures for Patent Priority Review in China National Intellectual Property Administration (20 17) at the request of the applicant or ex officio.
Difference 2: Different application types.
Pre-examination (quick pre-examination): invention, utility model, application for patent for appearance, reexamination and invalid request, patent evaluation report.
Priority review: invention, utility model, appearance patent application, reexamination and invalid request.
Difference 3: different accepting organs
Pre-trial (fast pre-trial): apply to China Intellectual Property Protection Center.
Priority review: to the local patent agency in China National Intellectual Property Administration.
Difference 4: The decision-making time is different.
Pre-trial (fast pre-trial): the application can be processed immediately after receiving it.
Priority review: within 5 working days after receiving the application.
Difference 5: Different applicable objects.
Pre-trial (fast pre-trial): enterprises and institutions, etc.
Priority audit: the scope of application is wider, including enterprises, institutions and individuals.
Difference 6: The pre-filing situation is different.
Pre-trial (fast pre-trial): the applicant needs to complete the filing in the protection center, which generally takes 1~4 months;
The production, R&D or business direction of the filing enterprise should involve the new energy or Internet industry;
Priority audit: no need to file in advance
Difference 7: Different application fields
Pre-trial (fast pre-trial): the technical field of fast pre-trial patent application should belong to the field of new energy or internet technology;
Priority audit: energy conservation and environmental protection, next-generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing and other national key development industries; Involving the Internet, big data, cloud computing and other fields, and the technology or product update speed is fast;
Difference 8: The timing is different.
Pre-trial (fast pre-trial): Before submitting the application to China National Intellectual Property Administration.
Priority review: 1, the invention patent application should enter the actual trial;
2. The patent application fee shall be paid after the application for utility model patent and design patent is accepted and completed;
Difference 9: The application materials are different.
Pre-trial (fast pre-trial):
1. patent application file: the application file must be in XML format. Make the file in XML format on the CPC client and export the file compression package;
2, the patent application for quick pre-trial service application form;
3, patent application fast pre-trial service commitment;
4. Other relevant documents and materials.
Priority review:
1. Request for Priority Examination of Patent Application (2 copies);
2. 1 copy of existing technology or existing design information and relevant supporting documents;
3. 1 Copies of all applicants' identity certificates (business licenses, etc.). );
4. 1 power of attorney signed by all clients;
5. 1 client's identity certificate;
6. Invention patent: 1 copy of notice of acceptance and notice of actual examination;
7. Patent for utility model and appearance: 1 Copy of acceptance notice and receipt for payment of application fee is required.
Difference 10: The patent authorization time is different
Pre-trial (quick pre-trial): after passing the quick pre-trial, the invention lasts for 3~6 months; The utility model can be used continuously for about 2 months; The appearance is about 1 month.
Priority audit: 7~ 12 months after passing the priority audit; The utility model and appearance are about 2 months.
Difference 1 1: other specified time.
Pre-trial (fast pre-trial): there is no clear stipulation, and the actual time is similar to the priority review.
Priority review: the patent reexamination case will be closed within seven months; Invalid cases of patents for inventions and utility models shall be closed within five months, and invalid cases of patents for designs shall be closed within four months.
Difference 12: Other
Pre-trial (fast pre-trial):
You can't apply for quick pre-trial in the following circumstances:
(1) An international patent application filed in accordance with the Patent Cooperation Treaty;
(2) PCT international application for entering the national phase in China;
(3) A patent for utility model and a patent for invention filed by the same applicant on the same day in accordance with Article 9, paragraph 1, of the Patent Law;
(4) divisional application;
(5) An application for confidentiality review as stipulated in Article 7 of the Detailed Rules for the Implementation of the Patent Law;
(six) there are low quality problems;
(seven) involving national security or major interests;
(8) Other laws and regulations.
Priority review:
Meet one of the following conditions can also apply for priority review:
1, involving industries encouraged by Guangdong Province and the municipal people's governments with districts;
2. The patent applicant is ready to implement or has already begun to implement, or there is evidence to prove that others are implementing their invention-creation;
3, the other is of great significance to the interests of the state or the public * * * needs priority review.
2022- 12-08 answer
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What does patent pre-examination do?
Legal analysis: patent pre-trial is the pre-procedure of patent examination, and the examination can be accelerated after the pre-trial is passed. The types of patent pre-examination are: patent application, patent reexamination, patent invalidation and patent evaluation report. Its purpose is to speed up authorization and review. The applicant shall go through various formalities with the Patent Office in the examination and approval procedure, and shall do so in written form, and use the unified format formulated by the Patent Office. The formalities should be filled in correctly according to the instructions for filling in the form and signed by the applicant. Patent inquiry, intellectual property inquiry and foreign patent inquiry can all be viewed on the website of Wisdom Bud. Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources. Article 25 No patent right shall be granted for the following items: (1) Scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons. Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 51 Any unit or individual willing to exploit a patent with an open license shall notify the patentee in writing and obtain a patent exploitation license after paying the license fee according to the published payment method and standard. During the implementation of the open license, the annual patent fee paid by the patentee shall be reduced accordingly. The patentee who implements an open license may grant a general license after consultation with the licensee on the license fee, but shall not grant an exclusive or exclusive license to the patent.
Shenyang lawyer Zhou Jingyuan
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What does patent pre-examination do?
The pre-procedure of patent examination can speed up the examination after the pre-examination is passed. Patent pre-examination refers to the pre-examination service of patent application. Before the patent is formally submitted to China National Intellectual Property Administration, the protection center pre-examines the application documents, so that qualified patent applications can enter the fast examination channel. It is a part of the fast examination of patents implemented in China National Intellectual Property Administration. The types of patent pre-examination are: patent application, patent reexamination, patent invalidation and patent evaluation report. Its purpose is to speed up authorization and review. The applicant shall go through various formalities with the Patent Office in the examination and approval procedure, and shall do so in written form, and use the unified format formulated by the Patent Office. The formalities should be filled in correctly according to the instructions for filling in the form and signed by the applicant. After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Therefore, as a pre-procedure before patent examination, patent pre-examination is a pre-procedure to help patent examination proceed faster. The above is today's sharing, I hope it will help you! Legal Analysis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.
Lawyer Du Xiao Xia.
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